reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter A. General Provisions › Section 1152.002. Exemptions From Registration

Sec. 1152.002.  EXEMPTIONS FROM REGISTRATION.  (a)  A person is not required to be registered under this chapter if the person:
(1)  is acting under a general power of attorney, unless the person represents that the person is a property tax consultant, agent, advisor, or representative;
(2)  is licensed to practice law in this state;
(3)  is an employee of a property owner or of an affiliated or subsidiary company of a property owner and performs property tax consulting services for:
(A)  the property owner;  or
(B)  a partnership, joint venture, or corporation in which the property owner owns an interest;
(4)  is a lessee of a property owner and is designated as the agent of the owner in accordance with Section 1.111, Tax Code;
(5)  is a public employee or officer and assists a property owner in the course of the employee's or officer's duties;
(6)  is a certified public accountant under Chapter 901;
(7)  assists another person in the performance of property tax consulting services or provides testimony on behalf of the other person at a protest hearing under Subchapter C, Chapter 41, Tax Code;  or
(8)  provides property tax consulting services only in connection with farms, ranches, or single-family residences and:
(A)  holds an active real estate broker license or an active real estate salesperson license under Chapter 1101;  or
(B)  is a licensed real estate appraiser or certified real estate appraiser under Chapter 1103.
(b)  A person described by Subsection (a)(7) is not exempt from the registration requirements of this chapter if:
(1)  the person is designated as the agent of the other person under Section 1.111, Tax Code;  or
(2)  more than 50 percent of the person's employment time is devoted to, or more than 50 percent of the person's income is derived from, performing or supervising the performance of property tax consulting services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 705, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter B. Duties of Commission, Executive Director, and Department › Section 1152.051. Standards of Conduct for Registrants

Sec. 1152.051.  STANDARDS OF CONDUCT FOR REGISTRANTS.  The commission by rule shall establish standards of practice, conduct, and ethics for registrants.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.003, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter B. Duties of Commission, Executive Director, and Department › Section 1152.052. Money Received by Department

Sec. 1152.052.  MONEY RECEIVED BY DEPARTMENT.  The department shall receive and account for all money derived under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter C. Property Tax Consultants Advisory Council › Section 1152.101. Definition

Sec. 1152.101.  DEFINITION.  In this subchapter, "council" means the Property Tax Consultants Advisory Council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter C. Property Tax Consultants Advisory Council › Section 1152.102. Council Membership

Sec. 1152.102.  COUNCIL MEMBERSHIP.  (a)  The council is composed of seven members appointed by the presiding officer of the commission, with the commission's approval.
(b)  The presiding officer of the commission may appoint not more than two members who are qualified for an exemption under Section 1152.002(a)(3).
(c)  Except as provided by Subsection (d), each person appointed for membership on the council must:
(1)  be a registered senior property tax consultant;
(2)  be a member of a nonprofit and voluntary trade association:
(A)  whose membership consists primarily of persons who perform property tax consulting services in this state or who engage in property tax management in this state for other persons;
(B)  that has written experience and examination requirements for membership; and
(C)  that subscribes to a code of professional conduct or ethics;
(3)  be a resident of this state for the five years preceding the date of the appointment; and
(4)  have performed or supervised the performance of property tax consulting services as the person's primary occupation continuously for the five years preceding the date of the appointment.
(d)  One member of the council must be a public member.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.004, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 457 (H.B. 2548), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter C. Property Tax Consultants Advisory Council › Section 1152.103. Membership Restrictions

Sec. 1152.103.  MEMBERSHIP RESTRICTIONS.  A person is not eligible for appointment as a member of the council if the person is:
(1)  required to register with the secretary of state under Chapter 305, Government Code;
(2)  required to register with the department under Chapter 1151; or
(3)  exempt from the registration requirements imposed by this chapter, except as provided by Section 1152.102.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 450 (H.B. 2447), Sec. 37, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter C. Property Tax Consultants Advisory Council › Section 1152.104. Terms; Vacancy

Sec. 1152.104.  TERMS;  VACANCY.  (a)  Members of the council serve staggered three-year terms, with the terms of two members expiring on February 1 of each year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint to fill the unexpired part of the term a replacement who meets the qualifications of the vacated office.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.005, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter C. Property Tax Consultants Advisory Council › Section 1152.105. Presiding Officer

Sec. 1152.105.  PRESIDING OFFICER.  The presiding officer of the commission, with the commission's approval, shall appoint a member of the council to serve as presiding officer of the council for two years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.006, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter C. Property Tax Consultants Advisory Council › Section 1152.106. Vote Required for Action

Sec. 1152.106.  VOTE REQUIRED FOR ACTION.   A decision of the council is not effective unless it receives the affirmative vote of at least four members.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.19, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter C. Property Tax Consultants Advisory Council › Section 1152.107. Compensation; Reimbursement

Sec. 1152.107.  COMPENSATION;  REIMBURSEMENT.  A council member is not entitled to receive compensation for serving as a member.  A council member is entitled to reimbursement for reasonable expenses incurred in performing duties as a member, subject to applicable limitations in the General Appropriations Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter C. Property Tax Consultants Advisory Council › Section 1152.108. Council Powers

Sec. 1152.108.  COUNCIL POWERS.  The council shall:
(1)  recommend to the commission standards of practice, conduct, and ethics for registrants to be adopted under this chapter;
(2)  recommend to the commission amounts for the fees it may set under this chapter;
(3)  recommend to the commission contents for the senior property tax consultant registration examination and standards of acceptable performance;
(4)  assist and advise the commission in recognizing continuing education programs and educational courses for registrants;  and
(5)  advise the commission in establishing educational requirements for initial applicants.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.007, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.151. Registration Required

Sec. 1152.151.  REGISTRATION REQUIRED.  (a)  A person may not perform property tax consulting services for compensation unless the person holds a certificate of registration issued under this chapter.
(b)  A person may not represent that a person is a registered property tax consultant, agent, advisor, or representative unless the person is a registrant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.152. Association With Senior Property Tax Consultant Required

Sec. 1152.152.  ASSOCIATION WITH SENIOR PROPERTY TAX CONSULTANT REQUIRED.  (a)  A registered property tax consultant may not perform property tax consulting services for compensation unless the person is employed by or associated with and acting for:
(1)  a registered senior property tax consultant; or
(2)  an attorney who is licensed to practice law in this state and who has successfully completed the senior property tax consultant registration examination required under Section 1152.160.
(b)  Subsection (a) does not apply to a person who is registered under Section 1152.156(a)(2) or 1152.158.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1064 (H.B. 2352), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.153. Voluntary Registration

Sec. 1152.153.  VOLUNTARY REGISTRATION.  (a)  A person who is not required to hold a certificate of registration under this chapter may register if the person satisfies the registration requirements of this chapter.
(b)  A person exempt from the registration requirements of this chapter who elects to register is subject to this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.154. Registration Application; Fees

Sec. 1152.154.  REGISTRATION APPLICATION;  FEES.  (a)  An applicant for registration must file an application with the department on a printed form prescribed by the executive director.
(b)  The application must be accompanied by:
(1)  a nonrefundable application fee;  and
(2)  a registration fee.
(c)  The department shall refund the registration fee if the executive director does not approve the application.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.022, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.206, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.155. General Eligibility for Registration

Sec. 1152.155.  GENERAL ELIGIBILITY FOR REGISTRATION.  (a)  To be eligible for registration, an applicant must:
(1)  be at least 18 years of age;
(2)  hold a high school diploma or its equivalent;
(3)  pay the fees required by the commission;
(4)  have a place of business in this state or designate a resident of this state as the applicant's agent for service of process;  and
(5)  meet any additional qualifications required by this chapter or by the commission under this chapter or Chapter 51.
(b)  Notwithstanding Subsection (a), a person is eligible for registration if the person holds:
(1)  an active real estate broker license or an active real estate salesperson license under Chapter 1101;  or
(2)  an active real estate appraiser license or certificate under Chapter 1103.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.008, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.156. Eligibility to Register as Property Tax Consultant

Sec. 1152.156.  ELIGIBILITY TO REGISTER AS PROPERTY TAX CONSULTANT.  (a)  In addition to satisfying the requirements of Section 1152.155, an applicant for registration as a property tax consultant must:
(1)  complete at least 40 classroom hours of educational courses approved by the executive director, including at least four hours of instruction on laws and legal issues in this state related to property tax consulting services and pass a competency examination under Section 1152.160; or
(2)  if the person is eligible for registration under Section 1152.155(b), submit to the commission evidence that the applicant has completed at least four classroom hours of educational programs or courses on the laws and legal issues in this state related to property tax consulting services.
(b)  The executive director may give appropriate credit to an initial applicant for:
(1)  educational courses on principles of law related to property tax consulting services completed by the applicant not more than two years before the date of application;  and
(2)  educational programs or courses completed by the applicant on:
(A)  property taxation;
(B)  the property tax system;
(C)  property tax administration;
(D)  ethical standards;  or
(E)  general principles of appraisal, accounting, or law as they relate to property tax consulting services.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.023, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.208, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1313 (H.B. 2591), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.157. Eligibility to Register as Senior Property Tax Consultant

Sec. 1152.157.  ELIGIBILITY TO REGISTER AS SENIOR PROPERTY TAX CONSULTANT.  In addition to satisfying the requirements of Section 1152.155, an applicant for registration as a senior property tax consultant must:
(1)  acquire at least 25 credits as provided by Section 1152.159;
(2)  have performed or supervised the performance of property tax consulting services as the applicant's primary occupation for at least four of the seven years preceding the date of application;  and
(3)  pass the examination adopted under Section 1152.160 or hold a professional designation in property taxation granted by a nonprofit and voluntary trade association, institute, or organization:
(A)  whose membership consists primarily of persons who represent property owners in property tax and transactional tax matters;
(B)  that has written experience and examination requirements for granting the designation;  and
(C)  that subscribes to a code of professional conduct or ethics.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.158. Registration of Certain Real Estate Brokers

Sec. 1152.158.  REGISTRATION OF CERTAIN REAL ESTATE BROKERS.  Sections 1152.156 and 1152.157 do not apply to a person who:
(1)  applied for registration before March 1, 1992;
(2)  on the date of application held an active real estate broker license under The Real Estate License Act (Article 6573a, Vernon's Texas Civil Statutes), as that law existed on the application date;  and
(3)  does not perform or supervise the performance of property tax consulting services for compensation in connection with personal property.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.159. Credits for Senior Property Tax Consultant Applicants

Sec. 1152.159.  CREDITS FOR SENIOR PROPERTY TAX CONSULTANT APPLICANTS.  (a)  The executive director shall grant credit to an applicant for registration as a senior property tax consultant as follows:
(1)  two credits for each year the applicant completed at an institution of higher education that meets program and accreditation standards comparable to those for public institutions of higher education as determined by the Texas Higher Education Coordinating Board, not to exceed six credits;
(2)  four credits to an applicant who holds a bachelor's degree or equivalent from an institution of higher education described by Subdivision (1);  and
(3)  one credit for each year in excess of five years that the applicant's primary occupation involved the performance or supervision of property tax consulting services or property appraisal, assessment, or taxation, not to exceed 10 credits.
(b)  The executive director may grant additional credits to an applicant for registration as a senior property tax consultant for:
(1)  successful completion of educational programs or courses on:
(A)  property taxation;
(B)  the property tax system;
(C)  property tax administration;
(D)  ethical standards;  or
(E)  general principles of appraisal, accounting, and law as they relate to property tax consulting services;
(2)  completion of other educational programs or courses;  or
(3)  advanced or postgraduate educational achievement, occupational experience, professional licenses, or professional designations obtained from recognized associations, institutes, or organizations.
(c)  The executive director may assign not less than one credit or more than five credits to a program or course described by Subsection (b)(1).  In determining the amount of credit for the program or course, the executive director shall consider:
(1)  the nature of the program or course;
(2)  the number of actual instructional hours in the program or course;
(3)  whether an examination is required for successful completion of the program or course;  and
(4)  other factors the executive director determines appropriate.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.024, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.208, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.160. Registration Examinations

Sec. 1152.160.  REGISTRATION EXAMINATIONS.  (a)  The executive director shall:
(1)  adopt an examination for registration as a senior property tax consultant;
(2)  adopt an examination for registration as a property tax consultant; and
(3)  establish the standards for passing the examinations.
(b)  The department shall offer the examinations at times and places designated by the executive director.
(c)  To be eligible to take an examination, an applicant must pay to the department an examination fee.
(d)  The examination must  test the applicant's knowledge of:
(1)  property taxation;
(2)  the property tax system;
(3)  property tax administration;
(4)  ethical standards; and
(5)  general principles of appraisal, accounting, and law as they relate to property tax consulting services.
(e)  An attorney who is licensed to practice law in this state may take the senior property tax consultant registration examination under this section without completing any other eligibility requirements for registration as a senior property tax consultant under this chapter.
(f)  The department shall accept, develop, or contract for the examinations required by this section, including the administration of the examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.009, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1064 (H.B. 2352), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1313 (H.B. 2591), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter D. Registration Requirements › Section 1152.162. Issuance of Certificate of Registration

Sec. 1152.162.  ISSUANCE OF CERTIFICATE OF REGISTRATION.  (a)  The executive director shall act on an initial application for registration filed under Section 1152.154 not later than the 31st day after the date the department receives the application.
(b)  The executive director shall issue to an applicant who qualifies for registration the appropriate certificate of registration.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.025, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.208, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter E. Renewal of Certificate of Registration › Section 1152.201. Term of Certificate of Registration

Sec. 1152.201.  TERM OF CERTIFICATE OF REGISTRATION.  Except as otherwise provided by the commission, a certificate of registration expires on the first anniversary of the date of issuance.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.010, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter E. Renewal of Certificate of Registration › Section 1152.202. Procedure for Renewal

Sec. 1152.202.  PROCEDURE FOR RENEWAL.  (a)  The executive director shall issue to an eligible registrant a certificate of renewal of registration on the timely receipt of the required renewal fee.  The certificate expires on the second anniversary of the date of issuance.
(b)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 12.014(4).
(c)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 12.014(4).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.011, 12.014(4), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.210, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter E. Renewal of Certificate of Registration › Section 1152.204. Recognition of Educational Programs and Courses

Sec. 1152.204.  RECOGNITION OF EDUCATIONAL PROGRAMS AND COURSES.  (a)  The commission by rule shall recognize appropriate continuing education programs for registrants.
(b)  The commission shall recognize a continuing education course, including a course on the legal issues and law related to property tax consulting services, that is:
(1)  approved by the Texas Real Estate Commission or the Texas Appraiser Licensing and Certification Board;  and
(2)  completed by a registrant who also holds:
(A)  an active real estate broker license or an active real estate salesperson license under Chapter 1101;  or
(B)  an active real estate appraiser license or certificate under Chapter 1103.
(c)  The commission may recognize an educational program or course:
(1)  related to property tax consulting services;  and
(2)  offered or sponsored by a public provider or a recognized private provider, including:
(A)  the comptroller;
(B)  the State Bar of Texas;
(C)  the Texas Real Estate Commission;
(D)  an institution of higher education that meets program and accreditation standards comparable to those for public institutions of higher education as determined by the Texas Higher Education Coordinating Board;  or
(E)  a nonprofit and voluntary trade association, institute, or organization:
(i)  whose membership consists primarily of persons who represent property owners in property tax or transactional tax matters;
(ii)  that has written experience and examination requirements for membership or for granting professional designation to its members;  and
(iii)  that subscribes to a code of professional conduct or ethics.
(d)  The commission may recognize a private provider of an educational program or course if the provider:
(1)  applies to the department on a printed form prescribed by the executive director;  and
(2)  pays in the amounts set by the commission:
(A)  a nonrefundable application fee;  and
(B)  an educational provider's fee.
(e)  The department shall refund the educational provider's fee if the commission does not recognize the provider's educational program or course.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.012, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter E. -1. Prohibited Acts › Section 1152.231. General Prohibited Acts

Sec. 1152.231.  GENERAL PROHIBITED ACTS.  (a)  A person required to register under this chapter may not serve as a registered senior property tax consultant for more than 10 registered property tax consultants unless each additional tax consultant sponsored or supervised by the registered senior property tax consultant has for the previous six months:
(1)  been employed and engaged as a tax consultant on a full-time basis;
(2)  performed tax consultant related services as an employee of a property owner; or
(3)  performed licensed appraisal services.
(b)  Except for protests filed with the approval of a lessee under Section 41.413, Tax Code, a person required to register under this chapter may not file a protest under Chapter 41, Tax Code, without the approval of the property owner.
(c)  A person required to register under this chapter may not falsify an agent appointment, exemption application, protest, or other legal document that is filed with or presented to an appraisal district, an appraisal review board, or a taxing unit.
(d)  A person required to register under this chapter may not file a motion or protest concerning residential property on behalf of a person whom the registrant does not represent unless the registrant has authorization from:
(1)  that person; or
(2)  another person, other than the agent or the firm that employs the agent, who is authorized by the person to designate agents under Section 1.111, Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1313 (H.B. 2591), Sec. 3, eff. January 1, 2010.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter E. -1. Prohibited Acts › Section 1152.232. Prohibited Acts: Solicitation of Business

Sec. 1152.232.  PROHIBITED ACTS: SOLICITATION OF BUSINESS.  A person required to register under this chapter may not solicit a property tax consulting assignment by assuring a specific outcome.
Added by Acts 2009, 81st Leg., R.S., Ch. 1313 (H.B. 2591), Sec. 3, eff. January 1, 2010.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter E. -1. Prohibited Acts › Section 1152.233. Prohibited Acts: Use of Internet Website

Sec. 1152.233.  PROHIBITED ACTS: USE OF INTERNET WEBSITE.  (a)  A person required to register under this chapter may not maintain an Internet website for any purpose associated with the provision of tax consulting services by the registrant that has a domain name or other Internet address that implies that the website is a government website.
(b)  A person required to register under this chapter may not use or maintain an Internet website for the purpose of soliciting clients if the website does not identify the company prominently on the home page of the website.
Added by Acts 2009, 81st Leg., R.S., Ch. 1313 (H.B. 2591), Sec. 3, eff. January 1, 2010.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter E. -1. Prohibited Acts › Section 1152.234. Prohibited Acts: Certain Legal Actions

Sec. 1152.234.  PROHIBITED ACTS: CERTAIN LEGAL ACTIONS.  A person required to register under this chapter may not engage the services of an attorney for purposes of filing an appeal under Chapter 42, Tax Code, without the prior consent of the client.
Added by Acts 2009, 81st Leg., R.S., Ch. 1313 (H.B. 2591), Sec. 3, eff. January 1, 2010.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle B - Professions Related to Property Taxation › Chapter 1152 - Property Tax Consultants › Subchapter F. Penalties and Enforcement › Section 1152.251. Disciplinary Powers of Commission

Sec. 1152.251.  DISCIPLINARY POWERS OF COMMISSION.  After a hearing, the commission may deny a certificate of registration and may impose an administrative sanction or penalty and seek injunctive relief and a civil penalty against a registrant as provided by Chapter 51 for:
(1)  a violation of this chapter or a rule applicable to the registrant adopted by the commission under this chapter;
(2)  gross incompetency in the performance of property tax consulting services;
(3)  dishonesty or fraud committed while performing property tax consulting services;  or
(4)  a violation of the standards of ethics adopted by the commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.013, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.001. Short Title

Sec. 1201.001.  SHORT TITLE.  This chapter may be cited as the Texas Manufactured Housing Standards Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.002. Legislative Findings and Purposes; Liberal Construction

Sec. 1201.002.  LEGISLATIVE FINDINGS AND PURPOSES;  LIBERAL CONSTRUCTION.  (a)  The legislature finds that:
(1)  there is a growing need to provide state residents with safe, affordable, and well-constructed housing;
(2)  manufactured housing has become a primary housing source for many state residents;
(3)  statutes and rules in effect before September 1, 1969, were inadequate to:
(A)  fully protect the consumer;  and
(B)  prevent certain discrimination in this state regarding manufactured housing;
(4)  the state is responsible for:
(A)  protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing;
(B)  providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers;  and
(C)  providing fair and effective consumer remedies;  and
(5)  the expansion of certain regulatory powers is:
(A)  necessary to address the problems described by Subdivisions (1)-(4);  and
(B)  the most economical and efficient means to address those problems and serve the public interest.
(b)  The purposes of this chapter are to:
(1)  encourage the construction of housing for state residents;  and
(2)  improve the general welfare and safety of purchasers of manufactured housing in this state.
(c)  This chapter shall be liberally construed to promote its policies and accomplish its purposes.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.004. Definitions Binding

Sec. 1201.004.  DEFINITIONS BINDING.  The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision.  A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law.  Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.005. Consumer Waiver Void

Sec. 1201.005.  CONSUMER WAIVER VOID.  A waiver by a consumer of this chapter is contrary to public policy and void.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.006. Applicability of Business & Commerce Code

Sec. 1201.006.  APPLICABILITY OF BUSINESS & COMMERCE CODE.  The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.007. Exception for Real Estate Brokers and Salespersons

Sec. 1201.007.  EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS.  This chapter does not:
(1)  modify or amend Chapter 1101 or 1102;  or
(2)  apply to a person who is licensed as a real estate broker or salesperson under Chapter 1101 and who, as agent of a buyer or seller, negotiates the sale or lease of a manufactured home and the real property to which the home is attached if:
(A)  the same person is the record owner of both the manufactured home and the real property;  and
(B)  the sale or lease occurs in a single real estate transaction.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.008. Regulation by Municipality

Sec. 1201.008.  REGULATION BY MUNICIPALITY.  (a)  A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality.  The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality.  If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality.
(b)  On application, the municipality shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the municipality, including a subdivision, planned unit development, single lot, and rental community or park.  An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received.
(c)  Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction.
(d)  Except as approved by the department, a local governmental unit may not require a permit, a fee, a bond, or insurance for the transportation and installation of manufactured housing by a licensed retailer or installer.  This subsection does not prohibit the collection of actual costs incurred by a local governmental unit that result from the transportation of a manufactured home.
(e)  Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home.
(f)  An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted.  Other than in the case of a fire or natural disaster, a general-rule or home-rule municipality by an ordinance or charter may limit the ability of the owner to replace his home to a single replacement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 2, eff. January 1, 2008.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.009. Electronic Means Authorized

Sec. 1201.009.  ELECTRONIC MEANS AUTHORIZED.  If feasible, any action required under this chapter may be accomplished by electronic means.
Added by Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter A. General Provisions › Section 1201.010. Electronic Public Records Required

Sec. 1201.010.  ELECTRONIC PUBLIC RECORDS REQUIRED.  The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions.
Added by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter B. Department Powers and Duties › Section 1201.051. Administration and Enforcement of Chapter

Sec. 1201.051.  ADMINISTRATION AND ENFORCEMENT OF CHAPTER.  The director shall administer and enforce this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter B. Department Powers and Duties › Section 1201.052. General Rulemaking Authority

Sec. 1201.052.  GENERAL RULEMAKING AUTHORITY.  (a)  The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code.
(b)  To protect the public health, safety, and welfare and to ensure the availability of low cost manufactured housing for all consumers, the director shall adopt rules to:
(1)  protect the interests of consumers who occupy or want to purchase or install manufactured housing;  and
(2)  govern the business conduct of license holders.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter B. Department Powers and Duties › Section 1201.053. Rules Relating to Compliance With National Standards for Manufactured Housing Construction and Safety; State Plan

Sec. 1201.053.  RULES RELATING TO COMPLIANCE WITH NATIONAL STANDARDS FOR MANUFACTURED HOUSING CONSTRUCTION AND SAFETY;  STATE PLAN.  (a)  The board shall adopt rules and otherwise act as necessary to:
(1)  comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. Section 5414; and
(2)  provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) approved by the secretary of housing and urban development.
(b)  The state plan described by Subsection (a)(2) must provide for a third-party inspection agency approved by the United States Department of Housing and Urban Development to act as an in-plant inspection agency.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 3, eff. January 1, 2008.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter B. Department Powers and Duties › Section 1201.054. Procedure for Adopting Rules

Sec. 1201.054.  PROCEDURE FOR ADOPTING RULES.  (a)  Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section.
(b)  If requested, the board shall, after at least 10 days' notice, hold a hearing on any rule that it proposes to adopt, other than a rule that is to be adopted under emergency rulemaking, in which case only the requirements of Chapter 2001, Government Code, shall apply.
(c)   A rule takes effect on the 30th day after the date of publication of notice that the rule has been adopted, except that a rule relating to installation standards may not take effect earlier than the 60th day after the date of publication of notice unless the board has determined that an earlier effective date is required to meet an emergency and the standard was adopted under the emergency rulemaking provisions of Chapter 2001, Government Code.
(d)   To maintain affordability of manufactured homes in this state, the board shall:
(1)  conduct a cost benefit analysis for any rule, process, or policy change that will increase a fee or another incurred cost by more than $50 for license holders or consumers; and
(2)  present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 4, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle C - Regulation of Certain Types of Housing and Buildings › Chapter 1201 - Manufactured Housing › Subchapter B. Department Powers and Duties › Section 1201.056. License Fees

Sec. 1201.056.  LICENSE FEES.  (a) The board shall establish fees for the issuance and renewal of licenses for:
(1)  manufacturers;
(2)  retailers;
(3)  brokers;
(4)  salespersons; and
(5)   installers.
(b)  The board by rule may establish a fee for reprinting a license issued under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.05, eff. September 1, 2013.