reglab/housing_qa huggingface dataset:
TX Occ Code § 1103.522 (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 K. Contested Case Hearings|Section 1103.522. Waiting Period

Sec. 1103.522.  WAITING PERIOD.  A person whose certificate or license has been revoked, a person who has surrendered a certificate or license issued by the board, or a person whose application for a certificate or license has been denied after a hearing under Section 1103.508 may not apply to the board for a certificate or license until the second anniversary of the date of revocation, surrender, or denial.|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. 21, eff. May 27, 2011.Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 55, eff. January 1, 2016.|
TX Occ Code § 1103.523 (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 K. Contested Case Hearings|Section 1103.523. Cost Recovery

Sec. 1103.523.  COST RECOVERY.  The administrative law judge may award reasonable costs to the board on a request for and proof of the costs if the respondent fails to appear for the hearing under Section 1103.510, including any costs:(1)  charged by the State Office of Administrative Hearings; and(2)  related to the preparation for the hearing, including costs of discovery, depositions, subpoenas, service of process, witness expenses, travel expenses, and investigation expenses.|Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 56, eff. January 1, 2016.|
TX Occ Code § 1103.551 (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 L. Penalties and Other Enforcement Provisions|Section 1103.551. Injunction

Sec. 1103.551.  INJUNCTION.  (a)  The board may institute an action in its own name against any person, including a person who is not certified or licensed under this chapter, to enjoin a violation of this chapter or a rule adopted by the board under this chapter.(b)  An action under this section must be brought in a district court in Travis County.  The attorney general shall act as legal advisor to the board and provide necessary legal assistance.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 4, eff. Sept. 1, 2003.|
TX Occ Code § 1103.5511 (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 L. Penalties and Other Enforcement Provisions|Section 1103.5511. Temporary Suspension

Sec. 1103.5511.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the board shall appoint a disciplinary panel consisting of three board members to determine whether a person's license or certification to practice under this chapter should be temporarily suspended.(b)  If the disciplinary panel determines from the information presented to the panel that a person licensed or certified to practice under this chapter would, by the person's continued practice, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the license or certification of that person.(c)  A license or certification may be suspended under this section without notice or hearing on the complaint if:(1)  institution of proceedings for a contested case hearing is initiated simultaneously with the temporary suspension; and(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.(d)  A temporary suspension under this section automatically expires after 45 days if the board has not scheduled a hearing to take place within that time or if, at the board's request, the hearing is continued beyond the 45th day.(e)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.|Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 22, eff. May 27, 2011.|
TX Occ Code § 1103.552 (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 L. Penalties and Other Enforcement Provisions|Section 1103.552. Administrative Penalty

Sec. 1103.552.  ADMINISTRATIVE PENALTY.  (a)  The board may impose an administrative penalty for a violation of this chapter or a rule adopted or order issued by the board under this chapter in an amount not to exceed:(1)  $1,500 for each violation; or(2)  $5,000 for multiple violations in a single case.(b)  The person on whom the penalty is imposed shall pay the penalty not later than the 20th day after the date the order imposing the penalty becomes final.(c)  Notwithstanding any other law, the board shall remit an administrative penalty collected under this section to the comptroller for deposit in the general revenue fund.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 5, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 23, eff. May 27, 2011.Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 57, eff. January 1, 2016.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 31, eff. September 1, 2019.|
TX Occ Code § 1103.5525 (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 L. Penalties and Other Enforcement Provisions|Section 1103.5525. Cease and Desist Order

Sec. 1103.5525.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person is violating this chapter, Chapter 1104, or a rule adopted under this chapter or Chapter 1104, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under this chapter or Chapter 1104.|Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 58, eff. January 1, 2016.|
TX Occ Code § 1103.5526 (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 L. Penalties and Other Enforcement Provisions|Section 1103.5526. Refund

Sec. 1103.5526.  REFUND.  (a)  Subject to Subsection (b), the board may order a person regulated by the board under this chapter or Chapter 1104 to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference or an enforcement order instead of or in addition to imposing an administrative penalty or other sanctions.(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference or an enforcement order may not exceed the amount the consumer paid to the person for a service regulated by the board.  The board may not require payment of other damages or estimate harm in a refund order.|Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 32, eff. September 1, 2019.|
TX Occ Code § 1103.553 (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 L. Penalties and Other Enforcement Provisions|Section 1103.553. Civil Penalty for Filing Frivolous Complaint

Sec. 1103.553.  CIVIL PENALTY FOR FILING FRIVOLOUS COMPLAINT.  (a)  A certified or licensed appraiser who files against another certified or licensed appraiser a complaint that the board determines to be frivolous is liable for a civil penalty.(b)  The amount of a civil penalty imposed under this section may not be less than $1,000 or more than $10,000.(c)  At the request of the board, the attorney general or a district or county attorney may bring an action in district court to recover a civil penalty under this section.(d)  A civil penalty recovered in an action brought under this section shall be deposited in the state treasury.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 6, eff. Sept. 1, 2003.|
TX Occ Code § 1103.5535 (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 L. Penalties and Other Enforcement Provisions|Section 1103.5535. Civil Penalty for Engaging in Activity Without Required Certificate or License

Sec. 1103.5535.  CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED CERTIFICATE OR LICENSE.  (a)  A person who receives consideration for engaging in an activity for which a certificate or license is required under this chapter and who does not hold a certificate or license is liable for a civil penalty.(b)  The amount of a civil penalty imposed under this section may not be less than the amount of money equal to the value of the consideration received or more than three times the amount of money equal to the value of the consideration received.(c)  At the request of the board, the attorney general or a district or county attorney may bring an action in district court to recover a civil penalty under this section.(d)  A civil penalty recovered in an action under this section shall be deposited in the state treasury.|Added by Acts 2003, 78th Leg., ch. 106, Sec. 7, eff. Sept. 1, 2003.|
TX Occ Code § 1103.554 (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 L. Penalties and Other Enforcement Provisions|Section 1103.554. Criminal Penalty for Misrepresenting Qualifications

Sec. 1103.554.  CRIMINAL PENALTY FOR MISREPRESENTING QUALIFICATIONS.  (a)  A person commits an offense if the person knowingly:(1)  provides false information in connection with an affidavit filed under Section 1103.205;  or(2)  violates Section 1103.401.(b)  An offense under this section is a Class B misdemeanor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 8, eff. Sept. 1, 2003.|
TX Occ Code § 1103.5545 (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 L. Penalties and Other Enforcement Provisions|Section 1103.5545. Criminal Penalty for Engaging in Activity Without Required Certificate or License

Sec. 1103.5545.  CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED CERTIFICATE OR LICENSE.  (a)  A person commits an offense if the person engages in an activity for which a certificate or license is required under this chapter without holding a certificate or license.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 2003, 78th Leg., ch. 106, Sec. 9, eff. Sept. 1, 2003.|
TX Occ Code § 1104.001 (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 1104 - Appraisal Management Companies|Subchapter A. General Provisions|Section 1104.001. Short Title

Sec. 1104.001.  SHORT TITLE.  This chapter may be cited as the Texas Appraisal Management Company Registration and Regulation Act.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.002 (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 1104 - Appraisal Management Companies|Subchapter A. General Provisions|Section 1104.002. Purpose

Sec. 1104.002.  PURPOSE.  The purpose of this chapter is to establish and enforce standards related to appraisal management services for appraisal reports on residential properties located in this state with fewer than five units.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.004 (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 1104 - Appraisal Management Companies|Subchapter A. General Provisions|Section 1104.004. Exemptions

Sec. 1104.004.  EXEMPTIONS.  (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;(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.(b)  An appraisal management company may not require an employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by another appraiser who contracts with the appraisal management company in order to avoid the requirements of this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 2, eff. September 1, 2017.|
TX Occ Code § 1104.051 (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 1104 - Appraisal Management Companies|Subchapter B. Board Powers and Duties|Section 1104.051. Rules

Sec. 1104.051.  RULES.  The board may adopt rules necessary to administer the provisions of this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.052 (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 1104 - Appraisal Management Companies|Subchapter B. Board Powers and Duties|Section 1104.052. Fees

Sec. 1104.052.  FEES.  (a)  Subject to Subsection (b), the board by rule shall establish application, renewal, and other fees in amounts so that the sum of the fees paid by all appraisal management companies seeking registration under this chapter is sufficient for the administration of this chapter.(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. (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 shall be sent to the appraisal subcommittee regularly as required by federal law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 3, eff. September 1, 2017.|
TX Occ Code § 1104.101 (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 1104 - Appraisal Management Companies|Subchapter C. Registration Requirements|Section 1104.101. Registration Required

Sec. 1104.101.  REGISTRATION REQUIRED.  Unless a person is registered under this chapter, a person may not:(1)  act or attempt to act as an appraisal management company;(2)  provide or attempt to provide appraisal management services; or(3)  advertise or represent or attempt to advertise or represent the person as an appraisal management company.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1104.102 (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 1104 - Appraisal Management Companies|Subchapter C. Registration Requirements|Section 1104.102. Eligibility for Registration; Ownership

Sec. 1104.102.  ELIGIBILITY FOR REGISTRATION; OWNERSHIP.  (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 an appraisal management company registered or applying for registration under this chapter unless:(1)  the person has subsequently had the 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.(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 25, eff. September 1, 2017.(c)  A person owning more than 10 percent of an appraisal management company in this state must submit to a background investigation, as determined by the board.(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 25, eff. September 1, 2017.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 4, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 25, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 33, eff. September 1, 2019.|
TX Occ Code § 1104.103 (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 1104 - Appraisal Management Companies|Subchapter C. Registration Requirements|Section 1104.103. Application for Registration or Renewal

Sec. 1104.103.  APPLICATION FOR REGISTRATION OR RENEWAL.  (a)  An applicant for registration or registration renewal under this chapter must submit:(1)  an application on a form approved by the board; and(2)  the application or renewal fee established under Section 1104.052(a).(b)  The application must contain:(1)  the name, business address, and telephone contact information of the applicant seeking registration;(2)  if the applicant is not a corporation domiciled in this state, the name and contact information for the applicant's agent for service of process in this state;(3)  the name, address, and contact information for any person that owns more than 10 percent of the applicant;(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 to respond to and communicate with appraisers on the applicant's appraisal panel regarding appraisal assignments;(7)  a certification that the applicant 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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 5, eff. September 1, 2017.|
TX Occ Code § 1104.104 (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 1104 - Appraisal Management Companies|Subchapter C. Registration Requirements|Section 1104.104. Designation of Primary Contact

Sec. 1104.104.  DESIGNATION OF PRIMARY CONTACT.  (a)  An appraisal management company applying for registration under this chapter shall designate one controlling person as the primary contact for all communication between the board and the company.(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 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; and(3)   shall submit to a background investigation, as determined by the board.|Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 6, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 34, eff. September 1, 2019.|