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AN ACT
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relating to certification requirements for certain property tax |
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professionals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 1151.160, Occupations |
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Code, is amended to read as follows: |
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Sec. 1151.160. CERTIFICATION LEVELS AND REQUIREMENTS; |
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RULES. |
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SECTION 2. Section 1151.160, Occupations Code, is amended |
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by amending Subsections (a) and (c) and adding Subsections (d), |
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(e), (f), (g), (h), and (i) to read as follows: |
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(a) The commission by rule shall adopt minimum requirements |
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for the certification of registrants. The requirements for |
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certification of a registrant [an employee of a taxing unit's tax
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office] must emphasize the areas of responsibility of the |
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registrant in performing the registrant's duties for the taxing |
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unit. |
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(c) A [The rules establishing minimum requirements must
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require that:
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[(1) a] person registered as an appraiser shall become |
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certified as a registered professional appraiser not later than the |
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fifth anniversary of the date of the person's original |
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registration. The person shall obtain certification by: |
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(1) successfully completing the certification |
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requirements established by commission rule; or |
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(2) if the person is certified or licensed under |
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Chapter 1103 as an appraiser by the Texas Appraiser Licensing and |
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Certification Board, passing the appropriate examination required |
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under Section 1151.161. |
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(d) A [(2) a] person registered as an assessor or |
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assessor-collector shall become certified as a registered Texas |
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assessor not later than the fifth anniversary of the date of the |
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person's original registration. [; and] |
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(e) A [(3) a] person registered as a collector shall become |
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certified as a registered Texas collector not later than the third |
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anniversary of the date of the person's original registration. |
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(f) In this subsection, "break in service" means time during |
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which a person is not employed in the type of employment for which |
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the person is registered, other than a period resulting from |
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termination for cause. A registrant who has a break in service is |
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entitled to an adjustment of the applicable anniversary date |
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described by Subsection (c), (d), or (e) equal to the length of the |
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break in service, as determined by commission rule. A person who |
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has a break in service that exceeds five years must submit a new |
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application and proof of completion of current course requirements, |
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unless otherwise excepted under commission rule. |
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(g) A registrant who has not obtained the certification |
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required by Subsection (c), (d), or (e) within the time required by |
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the applicable subsection is entitled to a one-year extension to |
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meet the certification requirements if: |
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(1) the applicant submits proof of active military |
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status performed after the date of the applicant's original |
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registration; |
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(2) the applicant submits proof of leave under the |
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federal Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 |
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et seq.) taken after the date of the applicant's original |
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registration; |
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(3) the applicant submits proof of a death or illness |
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in the family or an unforeseen emergency occurring after the date of |
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the applicant's original registration that prevented the |
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registrant from meeting certification requirements; |
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(4) a county tax assessor-collector, chief appraiser, |
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chief administrative officer of a political subdivision, or other |
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person authorized by the commission by rule requests the extension |
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on behalf of an employee; |
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(5) the applicant requesting the extension is a county |
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tax assessor-collector or chief appraiser; or |
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(6) the applicant meets another reasonable |
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qualification for an extension established by the commission by |
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rule. |
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(h) The commission shall establish reasonable |
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qualifications for reapplication for a registration by an applicant |
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who does not meet any of the requirements of Subsection (g) or |
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Section 1151.1605. |
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(i) The commission shall adopt rules as necessary to |
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implement this section. |
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SECTION 3. Subchapter D, Chapter 1151, Occupations Code, is |
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amended by adding Section 1151.1605 to read as follows: |
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Sec. 1151.1605. REINSTATEMENT OF REGISTRATION. (a) A |
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person who has not satisfied the requirements for certification |
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within the time required by Section 1151.160(c), (d), or (e) or |
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rules adopted under those subsections may apply for reinstatement |
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of a registration under this section if that person obtained |
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registration before December 31, 2010, as a Class II collector, a |
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Class III appraiser, or a Class III assessor-collector as defined |
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by a rule adopted by the commission under Section 1151.160. |
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(b) A qualified person may apply for reinstatement of a |
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registration if, before December 31, 2011, that person: |
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(1) pays a $250 fee; and |
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(2) files a completed reinstatement application on a |
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form prescribed by the department. |
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(c) A registration reinstated under this section expires on |
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December 31, 2013, and may not be renewed unless the applicant |
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satisfies all registration and certification requirements, |
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including any education and examination requirements, before |
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December 31, 2013. |
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(d) If a person completes the registration and |
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certification requirements in order to renew a registration under |
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Subsection (c), the date of registration shall be the same as the |
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date of completion of the requirements. |
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(e) This section expires December 31, 2013. |
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SECTION 4. Subchapter D, Chapter 1151, Occupations Code, is |
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amended by adding Section 1151.165 to read as follows: |
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Sec. 1151.165. INACTIVE STATUS. The commission may adopt |
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rules to allow a registrant to place a registration issued by the |
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department on inactive status in the same manner as a license is |
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placed on inactive status under Section 51.4011. |
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SECTION 5. (a) The Texas Commission of Licensing and |
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Regulation shall adopt rules under Section 1151.160, Occupations |
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Code, as amended by this Act, and Section 1151.165, Occupations |
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Code, as added by this Act, not later than February 1, 2012. |
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(b) The Texas Commission of Licensing and Regulation shall |
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adopt rules under Section 1151.1605, Occupations Code, as added by |
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this Act, not later than October 1, 2011. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1179 was passed by the House on April |
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21, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1179 on May 23, 2011, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1179 was passed by the Senate, with |
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amendments, on May 19, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |