S.B. No. 1516
 
 
 
 
AN ACT
  relating to the registration and regulation of appraisal management
  companies; authorizing fees; expanding the applicability of an
  occupational registration.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1104.003(b), Occupations Code, is
  amended by adding Subdivision (6-a) to read as follows:
               (6-a)  "Federally regulated appraisal management
  company" means an appraisal management company that is:
                     (A)  owned and controlled by an insured depository
  institution, as defined by 12 U.S.C. Section 1813; and
                     (B)  regulated by:
                           (i)  the Board of Governors of the Federal
  Reserve System;
                           (ii)  the Federal Deposit Insurance
  Corporation;
                           (iii)  the Office of the Comptroller of the
  Currency; or
                           (iv)  the successors to any of those
  agencies.
         SECTION 2.  Section 1104.004(a), Occupations Code, is
  amended to read as follows:
         (a)  This chapter does not apply to:
               (1)  a person who exclusively employs appraisers on an
  employer and employee basis for the performance of appraisals;
               (2)  a person acting as an appraisal firm as defined by
  board rule that at all times during a calendar year employs on an
  exclusive basis as independent contractors not more than 15
  appraisers for the performance of appraisals;
               (3)  a financial institution, including a department or
  unit within the institution, that is regulated by an agency of this
  state or the United States government;
               (4)  subject to Subsection (b), a person who enters
  into an agreement with an appraiser for the performance of an
  appraisal that on completion results in a report signed by both the
  appraiser who completed the appraisal and the appraiser who
  requested completion of the appraisal;
               (5)  an appraisal management company:
                     (A)  operating only in this state with an
  appraisal panel of not more than 15 appraisers at all times during a
  calendar year; or
                     (B)  operating in multiple states, including this
  state, with an appraisal panel of not more than 24 appraisers in all
  states at all times during a calendar year; [or]
               (6)  an appraisal management company that is a
  subsidiary owned and controlled by a financial institution that is
  subject to appraisal independence standards at least as stringent
  as those under Section 1104.203 or the Truth in Lending Act (15
  U.S.C. Section 1601 et seq.) through regulation by an agency of this
  state or the United States government; or
               (7)  subject to Section 1104.052(c), a federally
  regulated appraisal management company.
         SECTION 3.  Section 1104.052, Occupations Code, is amended
  by amending Subsections (b) and (c) and adding Subsections (d) and
  (e) to read as follows:
         (b)  The board shall collect from each appraisal management
  company registered under this chapter the national registry fee
  required by the appraisal subcommittee for each person who is on the
  appraisal panel of the company and licensed or certified as an
  appraiser in this state.  [The board shall deposit the registry fees
  to the credit of the appraiser registry account in the general
  revenue fund.]
         (c)  Notwithstanding Section 1104.004, the board shall
  collect from each federally regulated appraisal management company
  operating in this state:
               (1)  the national registry fee required by the
  appraisal subcommittee;
               (2)  information regarding the determination of the
  national registry fee as required by the appraisal subcommittee;
               (3)  a fee in an amount that is sufficient for the
  administration of this subsection as established by board rule; and
               (4)  any other information required by state or federal
  law. 
         (d)  The board shall deposit the national registry fees
  collected under this section to the credit of the appraiser
  registry account in the general revenue fund.
         (e)  The national registry fees collected under this section
  [Subsection (b)] shall be sent to the appraisal subcommittee
  regularly as required by federal law.
         SECTION 4.  Section 1104.102(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who has had a license or certificate to act as
  an appraiser denied, revoked, or surrendered in lieu of revocation
  in any state may not own in any manner [more than one percent of] an
  appraisal management company registered or applying for
  registration under this chapter unless:
               (1)  the person has subsequently had the [a] license or
  certificate to act as an appraiser granted or reinstated; and
               (2)  the license or certificate to act as an appraiser
  was denied, revoked, or surrendered for a nonsubstantive reason as
  determined by the board.
         SECTION 5.  Sections 1104.103(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  The application must contain:
               (1)  the name, business address, and telephone contact
  information of the applicant [entity] seeking registration;
               (2)  if the applicant [entity] is not a corporation
  domiciled in this state, the name and contact information for the
  applicant's [company's] agent for service of process in this state;
               (3)  the name, address, and contact information for any
  person [individual or any corporation, partnership, or other
  business entity] that owns more than 10 percent of the applicant
  [appraisal management company];
               (4)  the name, address, and contact information for at
  least one controlling person;
               (5)  the designation of a primary contact under Section
  1104.104;
               (6)  the name and contact information of at least one
  appraiser designated by the applicant [company] to respond to and
  communicate with appraisers on the applicant's [company's]
  appraisal panel regarding appraisal assignments;
               (7)  a certification that the applicant [entity] has a
  system in place to ensure compliance with Subchapter D and Section
  129E of the Truth in Lending Act (15 U.S.C. Section 1601 et seq.);
               (8)  a written irrevocable consent to service of
  process; and
               (9)  any other information required by the board to
  approve the application.
         (c)  The board shall adopt rules regarding registration and
  the renewal of a registration under this chapter.
         SECTION 6.  Section 1104.104(b), Occupations Code, is
  amended to read as follows:
         (b)  The controlling person designated under Subsection (a):
               (1)  must:
                     (A)  be certified as an appraiser in at least one
  state at all times during the designation; or
                     (B)  have completed:
                           (i)  the 15-hour national Uniform Standards
  of Professional Appraisal Practice course; and
                           (ii)  the seven-hour national Uniform
  Standards of Professional Appraisal Practice update course not more
  than two years before the renewal of the appraisal management
  company's registration;
               (2)  may not have had a license or certificate to act as
  an appraiser denied, revoked, or surrendered in lieu of revocation
  in any state unless:
                     (A)  the person has subsequently had the [a]
  license or certificate to act as an appraiser granted or
  reinstated; and
                     (B)  the license or certificate to act as an
  appraiser was denied, revoked, or surrendered for a nonsubstantive
  reason as determined by the board;
               (3)  must be of good moral character, as determined by
  the board; and
               (4)  shall submit to a background investigation, as
  determined by the board.
         SECTION 7.  Section 1104.105, Occupations Code, is amended
  to read as follows:
         Sec. 1104.105.  DENIAL OF REGISTRATION OR RENEWAL. (a)  The
  board may deny an application for [a] registration or registration
  renewal:
               (1)  if [to] an applicant [who] fails to satisfy a
  requirement of this chapter; or
               (2)  on a determination by the board that:
                     (A)  there is reasonable evidence that any person
  who owns an interest in [more than 10 percent of] the appraisal
  management company or any controlling person of the company has[,
  within the 24 months preceding the date of the application,] had a
  license or certification as an appraiser or a registration as an
  appraisal management company suspended, revoked, or put on
  probation in any state;
                     (B)  the applicant has, while registered under
  this chapter, demonstrated incompetency, untrustworthiness, or
  conduct or practices that render the registrant unfit to perform
  appraisal management services; or
                     (C)  the applicant no longer performs appraisal
  management services in good faith and is a source of detriment,
  injury, or loss to the public.
         (b)  The board shall immediately provide written notice to
  the applicant of the board's denial of a registration or of a
  registration renewal under this chapter.
         (c)  An appeal of the denial of a registration or of the
  renewal of a registration is governed by Chapter 2001, Government
  Code.
         SECTION 8.  Section 1104.151(b), Occupations Code, is
  amended to read as follows:
         (b)  An appraisal management company is not in violation of
  Subsection (a) if:
               (1)  the person whose license or certification was
  denied, revoked, or surrendered in lieu of revocation has
  subsequently [since that denial, revocation, or surrender] had the 
  [a] license or certificate granted or reinstated;
               (2)  the license or certification was denied, revoked,
  or surrendered for a nonsubstantive reason as determined by the
  board; and
               (3)  the person maintains the license or certificate in
  good standing.
         SECTION 9.  Section 1104.153, Occupations Code, is amended
  to read as follows:
         Sec. 1104.153.  APPRAISAL REVIEW.  A person who performs an
  appraisal review for an appraisal management company as required by
  Section 1104.155 must be:
               (1)  licensed as an appraiser [or certified] under
  Chapter 1103, unless exempt by board rule; and
               (2)  qualified to perform the appraisal [with at least
  the same certification for the property type as the appraiser who
  completed the report] being reviewed.
         SECTION 10.  Section 1104.156, Occupations Code, is amended
  to read as follows:
         Sec. 1104.156.  BUSINESS RECORDS. (a)  An appraisal
  management company required to register [registered] under this
  chapter or that has applied for registration under this chapter
  shall retain for at least five years all business records relating
  to each service request that the company receives and the appraiser
  who performs the appraisal for the company.
         (b)  The board may audit the records of an appraisal
  management company required to register [registered] under this
  chapter to ensure compliance with federal law, this chapter, board
  rules, and the Uniform Standards of Professional Appraisal
  Practice.
         (c)  A written record of all substantive communications
  between an appraisal management company required to register
  [registered] under this chapter and an appraiser relating to
  inclusion on an appraisal panel or to an appraisal assignment must
  be maintained as provided under Subsection (a).
         SECTION 11.  Section 1104.161(a), Occupations Code, is
  amended to read as follows:
         (a)  An appraisal management [Other than during the first 30
  days after the date an appraiser is first added to the appraisal
  panel of an appraisal management company, a] company may not remove
  an appraiser from its panel, or otherwise refuse to assign requests
  for appraisal services to an appraiser without:
               (1)  notifying the appraiser in writing of the reasons
  for removal from the company's panel;
               (2)  if the appraiser is being removed from the panel
  for illegal conduct, a violation of the Uniform Standards of
  Professional Appraisal Practice, or a violation of this chapter,
  notifying the appraiser of the nature of the alleged conduct or
  violation; and
               (3)  providing an opportunity for the appraiser to
  respond in writing to the notification.
         SECTION 12.  Section 1104.201, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The board may report to the appraisal subcommittee any
  disciplinary action taken by the board against an appraisal
  management company required to register under this chapter.
         SECTION 13.  Section 1104.202, Occupations Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  Notwithstanding any other law, an administrative
  penalty collected under this section must be deposited in a
  restricted fund maintained and operated by the board to develop
  educational programs for appraisers or to conduct studies that
  enhance consumer protection.
         SECTION 14.  Section 1104.203, Occupations Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  For purposes of Subsection (a), a fee paid by an
  appraisal management company to an appraiser for appraisal services
  is not a financial benefit.
         SECTION 15.  Section 1104.204(b), Occupations Code, is
  amended to read as follows:
         (b)  The board, on its own motion, may file a complaint
  against:
               (1)  an appraisal management company registered under
  this chapter;
               (2)  a controlling person; or
               (3)  a person who engages in an activity for which
  registration is required under this chapter without being
  registered.
         SECTION 16.  Section 1104.205, Occupations Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  An investigation of an alleged violation by a person
  registered under this chapter may not be terminated solely on the
  basis that the person fails to renew the registration.
         SECTION 17.  Section 1104.208(a), Occupations Code, is
  amended to read as follows:
         (a)  Based on the report submitted under Section 1104.207,
  the board may:
               (1)  order further investigation of the complaint;
               (2)  permit the person who is the subject of the
  complaint to participate in a voluntary discussion of the facts and
  circumstances of the alleged violation;
               (3)  determine that there is not probable cause to
  believe that a violation occurred and dismiss the case; or
               (4) [(3)]  determine that there is probable cause to
  believe that a violation occurred and enter into an agreed order
  with the respondent under Section 1104.2081 or proceed as the
  complainant with a contested case hearing under Chapter 2001,
  Government Code.
         SECTION 18.  Subchapter E, Chapter 1104, Occupations Code,
  is amended by adding Sections 1104.2081 and 1104.2082 to read as
  follows:
         Sec. 1104.2081.  AGREED ORDER. (a)  The board may negotiate
  a settlement and enter into an agreed order with an appraisal
  management company or other person who is the subject of a complaint
  under this subchapter.
         (b)  An agreed order must be:
               (1)  approved by the board; and
               (2)  signed by the commissioner and the appraisal
  management company or other person who is the subject of the
  complaint.
         (c)  A board member who participates in negotiating an agreed
  order under this section is disqualified from participating in the
  adjudication of a contested case that results from the negotiation.
         (d)  An appraisal management company or other person who
  consents to negotiate under this section waives the right to notice
  and the opportunity to be heard under Chapter 2001, Government
  Code, during the negotiation.
         (e)  An appraisal management company or other person who
  enters into an agreed order under this section may be disciplined
  for failure to comply with the agreed order.
         Sec. 1104.2082.  CONFIDENTIALITY OF INVESTIGATION MATERIAL.
  (a)  Information or material, including any investigation file, is
  confidential and not subject to disclosure under Chapter 552,
  Government Code, or any other means of legal compulsion for
  release, including disclosure, discovery, or subpoena, if the
  information or material is prepared or compiled by the board in
  connection with a complaint, investigation, or audit of any person
  subject to the jurisdiction of the board.
         (b)  Notwithstanding Subsection (a), information or material
  prepared or compiled by the board in connection with a complaint,
  investigation, or audit may be disclosed:
               (1)  to the respondent;
               (2)  to a person providing a service to the board,
  including an expert or other witness, or an investigator, if the
  information is necessary for preparation for, or a presentation in,
  a disciplinary proceeding against an applicant or license holder,
  or a subsequent trial or appeal taken from a disciplinary
  proceeding;
               (3)  to an entity in another jurisdiction that
  licenses, registers, credentials, or disciplines any person
  subject to the jurisdiction of the board;
               (4)  to a law enforcement agency;
               (5)  to the State Office of Administrative Hearings; or
               (6)  to the board, or a panel of the board, for use
  during any proceeding conducted by the State Office of
  Administrative Hearings or in a subsequent trial or appeal of a
  board action or order.
         (c)  The release of information under Subsection (b) is not a
  voluntary disclosure for purposes of Section 552.007, Government
  Code.
         (d)  The board may require that a confidentiality agreement
  be signed by a person entitled to receive information under
  Subsection (b) before releasing the information.
         (e)  The board may withhold information or material
  described by Subsection (a) without requesting a decision from the
  attorney general under Subchapter G, Chapter 552, Government Code.
         (f)  Notwithstanding Subsection (a), on the dismissal or
  final resolution of a complaint, investigation, or audit,
  information or material prepared or compiled by the board in
  connection with the complaint, investigation, or audit, including a
  completed audit report or a final order of the board, is subject to
  disclosure under Chapter 321 or 552, Government Code.
         SECTION 19.  The heading to Section 1104.210, Occupations
  Code, is amended to read as follows:
         Sec. 1104.210.  PENALTY TO BE PAID [OR HEARING REQUESTED].
         SECTION 20.  Section 1104.212, Occupations Code, is amended
  to read as follows:
         Sec. 1104.212.  NOTICE OF HEARING.  Not later than the 30th
  day before the [hearing] date of a contested case hearing
  [involving an appraisal management company], the board shall
  personally deliver or send by certified mail [to the company]
  notice of the hearing to the parties to the hearing.
         SECTION 21.  Subchapter E, Chapter 1104, Occupations Code,
  is amended by adding Sections 1104.2121, 1104.2122, 1104.2131, and
  1104.2132 to read as follows:
         Sec. 1104.2121.  ATTORNEY GENERAL REPRESENTATION. The
  attorney general may not represent the board in a contested case
  before the State Office of Administrative Hearings.
         Sec. 1104.2122.  IMMUNITY OF WITNESSES. (a)  The board in a
  contested case hearing may grant a witness immunity from
  disciplinary action by the board.
         (b)  The official record of the hearing must include the
  reason for granting immunity.
         Sec. 1104.2131.  RECORD OF PROCEEDINGS. (a)  Contested case
  proceedings shall be recorded by:
               (1)  mechanical or electrical means; or
               (2)  a certified shorthand reporter.
         (b)  At the request of a party, the proceedings or any part of
  the proceedings shall be transcribed. The expense of the
  transcription shall be charged to the requesting party.
         (c)  The recording, stenographic notes, or transcription of
  oral proceedings shall be maintained by the board until at least the
  fifth anniversary of the date of the decision in the contested case.
         Sec. 1104.2132.  FAILURE TO APPEAR; COSTS. (a)  If a
  respondent receives proper notice of a contested case hearing but
  does not appear in person at the hearing, the administrative law
  judge may conduct the hearing or enter an order, as the
  administrative law judge determines appropriate.
         (b)  The respondent is bound by the results of the hearing to
  the same extent as if the respondent had appeared.
         (c)  The administrative law judge may award reasonable costs
  to the board on a request for and proof of costs incurred if the
  respondent fails to appear at the hearing.  In this subsection, the
  term "costs" means all costs associated with the hearing, including
  the costs charged by the State Office of Administrative Hearings
  and any costs related to hearing preparation, discovery,
  depositions, subpoenas, service of process, witness expenses,
  travel expenses, and investigation expenses.
         SECTION 22.  Section 1104.214, Occupations Code, is amended
  to read as follows:
         Sec. 1104.214.  ACTION AFTER HEARING.  On conclusion of a
  contested case hearing under this subchapter, the administrative
  law judge shall:
               (1)  make findings of fact and conclusions of law; and
               (2)  issue to the board a proposal for decision that the
  board [shall] take one or more of the following actions:
                     (A)  dismiss the charges;
                     (B)  revoke the appraisal management company's
  registration;
                     (C)  suspend the registration of the appraisal
  management company for a period of not more than five years;
                     (D)  impose a period of probation, with or without
  conditions;
                     (E)  issue a public or private reprimand or a
  warning;
                     (F)  impose an administrative penalty; or
                     (G)  require the payment of costs expended by the
  board associated with the contested case, including:
                           (i)  attorney's [legal] fees;
                           (ii)  the costs charged by the State Office
  of Administrative Hearings; and
                           (iii)  any administrative costs associated
  with the hearing, including witness expenses, travel expenses, and
  investigation expenses.
         SECTION 23.  Section 1104.215, Occupations Code, is amended
  to read as follows:
         Sec. 1104.215.  DECISION BY BOARD. (a)  Based on the
  findings of fact, [and] conclusions of law, and proposal for
  decision of the administrative law judge [the recommendations of
  the hearings examiner], the board by order may determine that:
               (1)  a violation has occurred and may impose an
  administrative penalty or another sanction; or
               (2)  a violation did not occur.
         (b)  The board shall give notice of the order to the person
  who is the subject of the order.  The notice must include:
               (1)  [separate statements of] the findings of fact and
  conclusions of law separately stated;
               (2)  the amount of any penalty imposed or a description
  of any sanction imposed; [and]
               (3)  a statement of the right of the person to judicial
  review of the order; and
               (4)  any other information required by law.
         SECTION 24.  Section 1104.216, Occupations Code, is amended
  to read as follows:
         Sec. 1104.216.  MOTION [APPLICATION] FOR REHEARING. (a)  A
  [Not later than the 20th day after the date a final decision is
  issued in a contested case, a] party may file a motion for rehearing
  [an application] with the board [for a rehearing].  The motion 
  [application] must state:
               (1)  the specific grounds for rehearing; and
               (2)  the relief sought.
         (b)  A motion for rehearing filed under this section is
  governed by Chapter 2001, Government Code [The application is
  denied if the board does not grant it before the 120th day after the
  date the commissioner is served with the application].
         SECTION 25.  Sections 1104.102(b) and (d), Occupations Code,
  are repealed.
         SECTION 26.  As soon as practicable after the effective date
  of this Act, the Texas Appraiser Licensing and Certification Board
  shall adopt rules and fees necessary to implement Chapter 1104,
  Occupations Code, as amended by this Act.
         SECTION 27.  The changes in law made by this Act relating to
  the eligibility for a registration under Chapter 1104, Occupations
  Code, or to the requirements for an application under that chapter
  apply only to an application submitted to the Texas Appraiser
  Licensing and Certification Board on or after the effective date of
  this Act.  An application submitted before that date is governed by
  the law in effect on the date the application was submitted, and the
  former law is continued in effect for that purpose.
         SECTION 28.  The changes in law made by this Act relating to
  the requirements for renewal of a registration under Chapter 1104,
  Occupations Code, apply only to an application for renewal of a
  registration that expires on or after the effective date of this
  Act.  A registration that expires before that date is governed by
  the law in effect immediately before the effective date of this Act,
  and the former law is continued in effect for that purpose.
         SECTION 29.  The changes in law made by this Act apply only
  to a disciplinary proceeding or a contested case hearing under
  Chapter 1104, Occupations Code, for conduct that occurs on or after
  the effective date of this Act.  Conduct that occurs before the
  effective date of this Act is governed by the law in effect on the
  date the conduct occurred, and the former law is continued in effect
  for that purpose.
         SECTION 30.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1516 passed the Senate on
  April 26, 2017, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 16, 2017, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1516 passed the House, with
  amendment, on May 11, 2017, by the following vote: Yeas 130,
  Nays 13, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor