reglab/housing_qa huggingface dataset:
TX Occ Code § 1103.001 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter A. General Provisions|Section 1103.001. Short Title

Sec. 1103.001.  SHORT TITLE.  This chapter may be cited as the Texas Appraiser Licensing and Certification Act.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.002 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter A. General Provisions|Section 1103.002. Purpose

Sec. 1103.002.  PURPOSE.  The purpose of this chapter is to:(1)  conform state law relating to the regulation of real estate appraisers to the requirements adopted under Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and(2)  enforce standards for the appraisal of real property.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 1, eff. May 27, 2011.|
TX Occ Code § 1103.004 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter A. General Provisions|Section 1103.004. Applicability of Chapter

Sec. 1103.004.  APPLICABILITY OF CHAPTER.  This chapter does not apply to:(1)  a person who is authorized by law to perform an evaluation of real property for or to provide an evaluation of real property to another person;(2)  a real estate broker licensed under Chapter 1101 or a sales agent acting under the authority of a sponsoring broker who provides to another person a written analysis, opinion, or conclusion relating to the estimated price of real property if the analysis, opinion, or conclusion:(A)  is not referred to as an appraisal;(B)  is given in the ordinary course of the broker's business; and(C)  is related to the actual or potential acquisition, disposition, encumbrance, or management of an interest in real property;(3)  an appraiser certified by a jurisdiction other than this state who performs an appraisal review of an appraisal performed on real property in this state, if the appraiser does not offer an opinion of value as part of the appraisal review;(4)  an employee of a federally regulated financial institution or any other person engaged by the institution who performs an evaluation of real property for use by the institution in a transaction for which the institution is not required to use the services of a licensed or certified appraiser under federal regulations adopted under Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. Section 1833e) or under applicable state law;(5)  an employee of a non-bank financial institution or any other person engaged by the institution who provides an analysis, assessment, opinion, conclusion, notation, or compilation of data concerning the value of an interest in real property for use by the institution; or(6)  the procurement or use of an automated valuation model.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 22, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 3, eff. May 27, 2011.Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 2, eff. January 1, 2016.Acts 2021, 87th Leg., R.S., Ch. 700 (H.B. 2533), Sec. 2, eff. June 15, 2021.|
TX Occ Code § 1103.006 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter A. General Provisions|Section 1103.006. Application of Sunset Act

Sec. 1103.006.  APPLICATION OF SUNSET ACT.  The Texas Appraiser Licensing and Certification Board is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter and Chapter 1104 expire September 1, 2031.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 3, eff. January 1, 2016.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 19, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 5.02, eff. June 16, 2021.|
TX Occ Code § 1103.051 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.051. Texas Appraiser Licensing and Certification Board

Sec. 1103.051.  TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD.  The Texas Appraiser Licensing and Certification Board is an independent subdivision of the Texas Real Estate Commission.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.052 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.052. Board Membership

Sec. 1103.052.  BOARD MEMBERSHIP.  (a)  The board consists of nine members as follows:(1)  the executive secretary of the Veterans' Land Board or the executive secretary's designee;  and(2)  eight members appointed by the governor with the advice and consent of the senate as follows:(A)  four members who are certified or licensed appraisers actively engaged in the practice of appraising real property;  and(B)  four public members who qualify for appointment based on their recognized business ability.(b)  The executive secretary of the Veterans' Land Board or the executive secretary's designee is a voting member of the board.(c)  In making appointments to the board, the governor shall ensure that:(1)  a single appraisal organization is not overrepresented on the board;(2)  the board is independent of a trade association, profession, or industry;  and(3)  the board represents:(A)  the diverse geographic areas of the state;  and(B)  a cross-section of disciplines in the field of real estate appraisal. (d)  Appointments to the board shall be made without regard to:(1)  the race, color, religion, sex, disability, familial status, or national origin of the appointee;  or(2)  the appointee's membership in an appraisal organization.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.0521 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.0521. Membership and Employee Restrictions

Sec. 1103.0521.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of real estate brokerage or appraisal; or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of real estate brokerage or appraisal.(c)  A person may not serve as a board member or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.|Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 20, eff. September 1, 2019.|
TX Occ Code § 1103.053 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.053. Qualifications of Appointed Members

Sec. 1103.053.  QUALIFICATIONS OF APPOINTED MEMBERS.  (a)  An appointed member of the board must be a qualified voter of this state.(b)  A person appointed to the board qualifies by taking the constitutional oath of office not later than the 15th day after the date of appointment.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.054 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.054. Eligibility of Public Members

Sec. 1103.054.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:(1)  is a certified or licensed appraiser;(2)  is certified or licensed by an occupational regulatory agency in the field of real estate brokerage or appraisal;(3)  owns or controls, directly or indirectly, a business entity or other organization whose primary purpose is to engage in real estate sales, brokerage, or appraisal;(4)  is employed by or participates in the management of a business entity or other organization whose primary purpose is to engage in real estate sales, brokerage, or appraisal; or(5)  uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 21, eff. September 1, 2019.|
TX Occ Code § 1103.0545 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.0545. Training

Sec. 1103.0545.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.(b)  The training program must provide the person with information regarding:(1)  the law governing board operations;(2)  the programs, functions, rules, and budget of the board;(3)  the scope of and limitations on the rulemaking authority of the board;(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:(A)  regulates the scope of practice of persons in a profession or business the board regulates; (B)  restricts advertising by persons in a profession or business the board regulates;(C)  affects the price of goods or services provided by persons in a profession or business the board regulates; or(D)  restricts participation in a profession or business the board regulates;(5)  the results of the most recent formal audit of the board;(6)  the requirements of:(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and(B)  other laws applicable to members of a state policymaking body in performing their duties; and(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.(d)  The commissioner shall create a training manual that includes the information required by Subsection (b).  The commissioner shall distribute a copy of the training manual annually to each member of the board.  Each member of the board shall sign and submit to the commissioner a statement acknowledging that the member received and has reviewed the training manual.|Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 4, eff. January 1, 2016.Amended by: Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 22, eff. September 1, 2019.|
TX Occ Code § 1103.055 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.055. Terms; Vacancies

Sec. 1103.055.  TERMS; VACANCIES.  (a)  Appointed members of the board serve staggered six-year terms, with the terms of one or two appraiser members and one or two public members expiring on January 31 of each odd-numbered year.(b)  If a vacancy occurs during a member's term, the governor shall appoint a person to fill the unexpired term.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 5, eff. January 1, 2016.|
TX Occ Code § 1103.056 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.056. Officers; Executive Committee

Sec. 1103.056.  OFFICERS; EXECUTIVE COMMITTEE.  (a)  The governor shall designate a board member who is an appraiser to serve as presiding officer of the board.(b)  At a regular meeting in February of each year, the board shall elect from its members an assistant presiding officer and a secretary.(c)  The presiding officer, assistant presiding officer, and secretary constitute the executive committee.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 6, eff. January 1, 2016.|
TX Occ Code § 1103.057 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.057. Grounds for Removal

Sec. 1103.057.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that an appointed member:(1)  does not have at the time of appointment the qualifications required by this subchapter for appointment to the board;(2)  does not maintain during service on the board the qualifications required by this subchapter for appointment to the board;(3)  is ineligible for membership under Section 1103.0521 or 1103.054;(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the board.(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of an appointed board member exists.(c)  If the commissioner has knowledge that a potential ground for removal of an appointed board member exists, the commissioner shall notify the presiding officer of the board of the potential ground.  The presiding officer shall immediately notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the commissioner shall notify the next highest ranking officer of the board, who shall immediately notify the governor and the attorney general that a potential ground for removal exists.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 7, eff. January 1, 2016.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 23, eff. September 1, 2019.|
TX Occ Code § 1103.058 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.058. Per Diem; Reimbursement

Sec. 1103.058.  PER DIEM; REIMBURSEMENT.  (a)  An appointed board member is entitled to receive:(1)  $75 for each day the member engages in official duties as a board member; and(2)  reimbursement for actual and necessary expenses incurred in performing official duties as a board member.(b)  For purposes of this section, the board by rule may determine what constitutes a day or actual and necessary expenses.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 8, eff. January 1, 2016.|
TX Occ Code § 1103.059 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.059. Quasi-Judicial Immunity

Sec. 1103.059.  QUASI-JUDICIAL IMMUNITY.  A member of the board is entitled to quasi-judicial immunity from suit for an action that:(1)  is taken as a member of the board;  and(2)  is in compliance with the law.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1103.060 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter B. Texas Appraiser Licensing and Certification Board|Section 1103.060. Educational Presentations

Sec. 1103.060.  EDUCATIONAL PRESENTATIONS.  (a)  A member of the board or a board employee may make a presentation to a group of certificate or license holders for which the certificate or license holders may receive continuing education credit for the renewal of a certificate or license under Section 1103.211.  The board member or employee may not receive compensation for the presentation.(b)  Notwithstanding Subsection (a), the board member or employee may receive reimbursement for reasonable travel expenses.|Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 9, eff. January 1, 2016.|
TX Occ Code § 1103.101 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter C. Commissioner and Other Board Personnel|Section 1103.101. Commissioner

Sec. 1103.101.  COMMISSIONER.  (a)  The administrator of the Texas Real Estate Commission shall serve as commissioner.(b)  The board may delegate to the commissioner the responsibility for administering this chapter and Chapter 1104, including the approval of consent orders and agreements.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 44, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 4, eff. May 27, 2011.Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 10, eff. January 1, 2016.|
TX Occ Code § 1103.102 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter C. Commissioner and Other Board Personnel|Section 1103.102. Other Board Personnel

Sec. 1103.102.  OTHER BOARD PERSONNEL.  In addition to the commissioner, the board may employ other officers and employees as necessary to administer this chapter and Chapter 1104.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 11, eff. January 1, 2016.|
TX Occ Code § 1103.103 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter C. Commissioner and Other Board Personnel|Section 1103.103. Salaries

Sec. 1103.103.  SALARIES.   The commissioner shall determine the salaries of the officers and employees of the board.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 45, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 1333 (S.B. 1000), Sec. 4, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 12, eff. January 1, 2016.|
TX Occ Code § 1103.104 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter C. Commissioner and Other Board Personnel|Section 1103.104. Duties of Commissioner

Sec. 1103.104.  DUTIES OF COMMISSIONER.  The commissioner shall:(1)  disseminate information;(2)  administer rules adopted by the board under this chapter or Chapter 1104;(3)  review each application for a certificate or license and make a recommendation for final action to the board;(4)  review and make recommendations to the board regarding the adoption of rules relating to:(A)  the examination required by Subchapter F;(B)  education and experience requirements for issuance of certificates and licenses;(C)  continuing education for a certified or licensed appraiser;(D)  standards of professional practice and ethics for a certified or licensed appraiser;(E)  standards for a real estate appraisal performed by a certified or licensed appraiser; and(F)  the fees established by the board under Section 1103.156 or Section 1104.052;(5)  collect fees established by the board;(6)  manage the staff and employees of the board; and(7)  perform any other duty prescribed by the board under this chapter or Chapter 1104.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 46, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 13, eff. January 1, 2016.|
TX Occ Code § 1103.105 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1103 - Real Estate Appraisers|Subchapter C. Commissioner and Other Board Personnel|Section 1103.105. Division of Responsibilities

Sec. 1103.105.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the staff of the board.|Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 24, eff. September 1, 2019.|