reglab/statecodes huggingface dataset:
2023 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 D. Practice by Appraisal Management Company › Section 1104.151. Employment of Certain Persons Prohibited

Sec. 1104.151.  EMPLOYMENT OF CERTAIN PERSONS PROHIBITED.  (a)  An appraisal management company registered under this chapter may not knowingly:
(1)  employ a person in a position in which the person has the responsibility to order appraisals or to review completed appraisals if the person has had a license or certificate to act as an appraiser denied, revoked, or surrendered in lieu of revocation in any state;
(2)  enter into any independent contractor arrangement for the provision of appraisals or appraisal management services with any person who has had a license or certificate to act as an appraiser denied, revoked, or surrendered in lieu of revocation in any state; or
(3)  enter into any contract, agreement, or other business relationship for the provision of appraisals or appraisal management services with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement, or other business relationship with any person who has ever had a license or certificate to act as an appraiser denied, revoked, or surrendered in lieu of revocation in any state.
(b)  An appraisal management company is not in violation of Subsection (a) if:
(1)  the person whose license or certification was denied, revoked, or surrendered in lieu of revocation has subsequently had the license or certificate granted or reinstated;
(2)  the license or certification was denied, revoked, or surrendered for a nonsubstantive reason as determined by the board; and
(3)  the person maintains the license or certificate in good standing.
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. 8, eff. September 1, 2017.
2023 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 D. Practice by Appraisal Management Company › Section 1104.152. Verification of Licensure or Certification

Sec. 1104.152.  VERIFICATION OF LICENSURE OR CERTIFICATION.  An appraisal management company registered under this chapter must verify that an individual to whom the company is making an assignment for the completion of an appraisal:
(1)  is licensed or certified under Chapter 1103; and
(2)  has not had a license or certificate as an appraiser denied, revoked, or surrendered in lieu of revocation since the last time the company made an assignment for an appraisal to the appraiser.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 D. Practice by Appraisal Management Company › Section 1104.153. Appraisal Review

Sec. 1104.153.  APPRAISAL REVIEW.  A person who performs an appraisal review for an appraisal management company as required by Section 1104.155 must be:
(1)  licensed as an appraiser under Chapter 1103, unless exempt by board rule; and
(2)  qualified to perform the appraisal being reviewed.
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. 9, eff. September 1, 2017.
2023 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 D. Practice by Appraisal Management Company › Section 1104.154. Competency of Appraisers

Sec. 1104.154.  COMPETENCY OF APPRAISERS.  Before making an assignment to an appraiser, an appraisal management company must verify that the appraiser receiving the assignment satisfies each provision of the competency rule of the Uniform Standards of Professional Appraisal Practice for the appraisal being assigned.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 D. Practice by Appraisal Management Company › Section 1104.155. Professional Standards

Sec. 1104.155.  PROFESSIONAL STANDARDS.  An appraisal management company registered under this chapter shall on a periodic basis perform an appraisal review of the work of appraisers performing appraisal services for the company to ensure that the services comply with:
(1)  the edition of the Uniform Standards of Professional Appraisal Practice in effect at the time of the appraisal; or
(2)  other standards prescribed by board rule.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 D. Practice by Appraisal Management Company › Section 1104.156. Business Records

Sec. 1104.156.  BUSINESS RECORDS.  (a)  An appraisal management company required to register under this chapter or that has applied for registration under this chapter shall retain for at least five years all business records relating to each service request that the company receives and the appraiser who performs the appraisal for the company.
(b)  The board may audit the records of an appraisal management company required to register under this chapter to ensure compliance with federal law, this chapter, board rules, and the Uniform Standards of Professional Appraisal Practice.
(c)  A written record of all substantive communications between an appraisal management company required to register under this chapter and an appraiser relating to inclusion on an appraisal panel or to an appraisal assignment must be maintained as provided under Subsection (a).
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. 10, eff. September 1, 2017.
2023 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 D. Practice by Appraisal Management Company › Section 1104.157. Compensation of Appraisers

Sec. 1104.157.  COMPENSATION OF APPRAISERS.  (a)  An appraisal management company shall:
(1)  except in cases of breach of contract or substandard performance of services, pay an appraiser for the completion of an appraisal or valuation assignment not later than the 60th day after the date the appraiser provides the completed appraisal or valuation assignment to the company or its assignee; and
(2)  compensate appraisers at a rate that is reasonable and customary for appraisals being performed in the market area of the property being appraised consistent with the presumptions under federal law.
(b)  An appraiser who is aggrieved under this section may file a complaint with the board against the appraisal management company if the matter remains unresolved after the appraiser completes the company's dispute resolution process under Section 1104.162.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 D. Practice by Appraisal Management Company › Section 1104.158. Statement of Fees

Sec. 1104.158.  STATEMENT OF FEES.  (a)  In reporting to a client, an appraisal management company shall separately state the fees:
(1)  paid to an appraiser for the completion of an appraisal; and
(2)  charged by the company for appraisal management services.
(b)  An appraisal management company may not:
(1)  prohibit an appraiser from recording in the body of the report that is submitted by the appraiser to the company the fee that the appraiser was paid by the company for completing the appraisal; or
(2)  include any fees for appraisal management services performed by the company in the amount the company reports as charges for the actual completion of an appraisal by an appraiser.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 D. Practice by Appraisal Management Company › Section 1104.159. Disclosure of Registration Number

Sec. 1104.159.  DISCLOSURE OF REGISTRATION NUMBER.  An appraisal management company registered under this chapter shall disclose the company's registration number on all documents used to procure appraisals in this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 D. Practice by Appraisal Management Company › Section 1104.160. Mandatory Reporting

Sec. 1104.160.  MANDATORY REPORTING.  An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the Uniform Standards of Professional Appraisal Practice in a manner that materially affects a value conclusion, violating applicable laws, or otherwise engaging in unethical or unprofessional conduct shall refer the matter to the board in the manner provided by Section 1104.204.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 D. Practice by Appraisal Management Company › Section 1104.161. Removal of Appraiser From Appraisal Panel

Sec. 1104.161.  REMOVAL OF APPRAISER FROM APPRAISAL PANEL.  (a)  An appraisal management company may not remove an appraiser from its panel, or otherwise refuse to assign requests for appraisal services to an appraiser without:
(1)  notifying the appraiser in writing of the reasons for removal from the company's panel;
(2)  if the appraiser is being removed from the panel for illegal conduct, a violation of the Uniform Standards of Professional Appraisal Practice, or a violation of this chapter, notifying the appraiser of the nature of the alleged conduct or violation; and
(3)  providing an opportunity for the appraiser to respond in writing to the notification.
(b)  An appraiser who is removed from the appraisal panel of an appraisal management company for alleged illegal conduct, a violation of the Uniform Standards of Professional Appraisal Practice, or a violation of this chapter, may file a complaint with the board for a review of the decision of the company if the matter remains unresolved after the appraiser completes the company's dispute resolution process under Section 1104.162.
(c)  In a review under Subsection (b), the board may not make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the grounds for the removal.
(d)  The board shall hear and resolve a complaint filed under Subsection (b) not later than the 180th day after the date the complaint is filed with the board.
(e)  If after opportunity for hearing and review, the board determines that an appraiser did not commit the alleged violation, the board shall order that the appraiser be returned to the appraisal panel of the appraisal management company.  The appraisal management company may not refuse to make assignments for appraisal services or otherwise penalize the appraiser after returning the appraiser to the company's appraisal panel.
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. 11, eff. September 1, 2017.
2023 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 D. Practice by Appraisal Management Company › Section 1104.162. Dispute Resolution

Sec. 1104.162.  DISPUTE RESOLUTION.  An appraisal management company shall make a dispute resolution process available to review a written request by an appraiser who:
(1)  is dismissed from the company's appraisal panel for a reason stated in Section 1104.161(a)(2);
(2)  is not paid as required by Section 1104.157; or
(3)  alleges a violation by the company of one or more prohibitions in Section 1104.203.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.201. Disciplinary Powers of Board

Sec. 1104.201.  DISCIPLINARY POWERS OF BOARD.  (a)  The board may reprimand an appraisal management company or conditionally or unconditionally suspend or revoke any registration issued under this chapter if the board determines that the appraisal management company has:
(1)  violated or attempted to violate this chapter or any rule adopted by the board under this chapter; or
(2)  procured or attempted to procure a license or registration by fraud, misrepresentation, or deceit.
(b)  The board may probate the suspension or revocation of a registration under reasonable terms determined by the board.
(c)  The board may report to the appraisal subcommittee any disciplinary action taken by the board against an appraisal management company required to register under this chapter.
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. 12, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.202. Administrative Penalty

Sec. 1104.202.  ADMINISTRATIVE PENALTY.  (a)  In addition to any other disciplinary action under this chapter, the board may impose an administrative penalty against a person who violates this chapter or a rule adopted under this chapter.
(b)  The amount of the administrative penalty may not exceed $10,000 for each violation.  Each day of a continuing violation is a separate violation.
(c)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts made to correct the violation;  and
(5)  any other matter that justice may require.
(d)  Notwithstanding any other law, an administrative penalty collected under this section must be deposited in a restricted fund maintained and operated by the board to develop educational programs for appraisers or to conduct studies that enhance consumer protection.
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. 13, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.204. Complaint

Sec. 1104.204.  COMPLAINT.  (a)  Any person, including a member of the board, may file with the board a written complaint on a form prescribed by the board.
(b)  The board, on its own motion, may file a complaint against:
(1)  an appraisal management company registered under this chapter;
(2)  a controlling person; or
(3)  a person who engages in an activity for which registration is required under this chapter without being registered.
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. 15, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.205. Review and Investigation

Sec. 1104.205.  REVIEW AND INVESTIGATION.  (a)  On receipt of a complaint or on its own motion, the board shall review and investigate an alleged act or omission that the board believes is a ground for disciplinary action.
(b)  An investigator designated by the presiding officer of the board or commissioner shall investigate each allegation in a complaint to determine whether probable cause exists for a hearing on the complaint.
(c)  If the board determines that a complaint does not present facts that are grounds for disciplinary action, the  board or the commissioner shall dismiss the complaint and may not take further action.
(d)  An investigation of an alleged violation by a person registered under this chapter may not be terminated solely on the basis that the person fails to renew the registration.
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. 16, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.2051. Investigative Committee

Sec. 1104.2051.  INVESTIGATIVE COMMITTEE.  (a)  The presiding officer of the board, with the advice and consent of the executive committee of the board, may appoint an investigative committee.
(b)  An investigative committee consists of at least two members.  The presiding officer of the investigative committee must be a board member.
(c)  An investigative committee shall:
(1)  review and determine the facts of a complaint; and
(2)  submit in a timely manner a written report regarding the complaint to the board.
Added by Acts 2023, 88th Leg., R.S., Ch. 55 (S.B. 1222), Sec. 4, eff. September 1, 2023.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.206. General Subpoena Authority

Sec. 1104.206.  GENERAL SUBPOENA AUTHORITY.  (a)  The board may request and, if necessary, compel by subpoena:
(1)  the attendance of witnesses for examination under oath;  and
(2)  the production of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter for inspection and copying.
(b)  The board may also issue a subpoena for purposes of an investigation of a complaint to determine whether the board should institute a contested case proceeding.
(c)  If a person does not comply with a subpoena, the board, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held.
(d)  The court shall order compliance with the subpoena if the court finds that good cause exists for the issuance of the subpoena.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.207. Report of Investigation Required

Sec. 1104.207.  REPORT OF INVESTIGATION REQUIRED.  (a)  At the conclusion of the investigation of a complaint, the investigator shall submit to the board a written report to enable the board to determine what further action is necessary.
(b)  The report must contain:
(1)  statements of fact;
(2)  the recommendations of the investigator; and
(3)  the position or defense of the investigated appraisal management company.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.208. Action Based on Report

Sec. 1104.208.  ACTION BASED ON REPORT.  (a)  Based on the report submitted under Section 1104.207, the board may:
(1)  order further investigation of the complaint;
(2)  permit the person who is the subject of the complaint to participate in a voluntary discussion of the facts and circumstances of the alleged violation;
(3)  determine that there is not probable cause to believe that a violation occurred and dismiss the case; or
(4)  determine that there is probable cause to believe that a violation occurred and enter into an agreed order with the respondent under Section 1104.2081 or proceed as the complainant with a contested case hearing under Chapter 2001, Government Code.
(b)  The board by rule may delegate any of its authority under Subsection (a) to the commissioner.
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. 17, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.2081. Agreed Order

Sec. 1104.2081.  AGREED ORDER.  (a)  The board may negotiate a settlement and enter into an agreed order with an appraisal management company or other person who is the subject of a complaint under this subchapter.
(b)  An agreed order must be:
(1)  approved by the board; and
(2)  signed by the commissioner and the appraisal management company or other person who is the subject of the complaint.
(c)  A board member who participates in negotiating an agreed order under this section is disqualified from participating in the adjudication of a contested case that results from the negotiation.
(d)  An appraisal management company or other person who consents to negotiate under this section waives the right to notice and the opportunity to be heard under Chapter 2001, Government Code, during the negotiation.
(e)  An appraisal management company or other person who enters into an agreed order under this section may be disciplined for failure to comply with the agreed order.
Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 18, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.2082. Confidentiality of Investigation Material

Sec. 1104.2082.  CONFIDENTIALITY OF INVESTIGATION MATERIAL.  (a)  Information or material, including any investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of legal compulsion for release, including disclosure, discovery, or subpoena, if the information or material is prepared or compiled by the board in connection with a complaint, investigation, or audit of any person subject to the jurisdiction of the board.
(b)  Notwithstanding Subsection (a), information or material prepared or compiled by the board in connection with a complaint, investigation, or audit may be disclosed:
(1)  to the respondent;
(2)  to a person providing a service to the board, including an expert or other witness, or an investigator, if the information is necessary for preparation for, or a presentation in, a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal taken from a disciplinary proceeding;
(3)  to an entity in another jurisdiction that licenses, registers, credentials, or disciplines any person subject to the jurisdiction of the board;
(4)  to a law enforcement agency;
(5)  to the State Office of Administrative Hearings; or
(6)  to the board, or a panel of the board, for use during any proceeding conducted by the State Office of Administrative Hearings or in a subsequent trial or appeal of a board action or order.
(c)  The release of information under Subsection (b) is not a voluntary disclosure for purposes of Section 552.007, Government Code.
(d)  The board may require that a confidentiality agreement be signed by a person entitled to receive information under Subsection (b) before releasing the information.
(e)  The board may withhold information or material described by Subsection (a) without requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code.
(e-1)  The board shall protect the identity of a complainant to the extent possible by excluding the complainant's identifying information from a complaint notice sent to a respondent.
(f)  Notwithstanding Subsection (a), on the dismissal or final resolution of a complaint, investigation, or audit, information or material prepared or compiled by the board in connection with the complaint, investigation, or audit, including a completed audit report or a final order of the board, is subject to disclosure under Chapter 321 or 552, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 18, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 36, eff. September 1, 2019.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.209. Notice of Violation and Penalty

Sec. 1104.209.  NOTICE OF VIOLATION AND PENALTY.  (a)  If, after investigating a possible violation and the facts surrounding that possible violation, the board determines that a violation occurred, the board shall give written notice of the violation to the person alleged to have committed the violation.
(b)  The notice must:
(1)  include a summary of the alleged violation;
(2)  state the recommended sanction, including the amount of the proposed administrative penalty; and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
(c)  Not later than the 20th day after the date the person receives the notice, the person may:
(1)  accept the board's determination, including the proposed administrative penalty;  or
(2)  make a written request for a hearing on that determination.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.210. Penalty to Be Paid

Sec. 1104.210.  PENALTY TO BE PAID.  If the person accepts the board's determination or fails to respond to the notice in a timely manner, the board by order shall approve the determination and impose the proposed penalty.
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. 19, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.211. Temporary Suspension

Sec. 1104.211.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the board shall appoint a three-member disciplinary panel consisting of board members to determine whether a person's registration under this chapter should be temporarily suspended.
(b)  If the disciplinary panel determines from the information presented to the panel that a person registered under this chapter would, by the person's continuation in practice, constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend the person's registration.
(c)  A registration 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. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.212. Notice of Hearing

Sec. 1104.212.  NOTICE OF HEARING.  Not later than the 30th day before the date of a contested case hearing, the board shall personally deliver or send by certified mail notice of the hearing to the parties to the hearing.
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. 20, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.2121. Attorney General Representation

Sec. 1104.2121.  ATTORNEY GENERAL REPRESENTATION.  The attorney general may not represent the board in a contested case before the State Office of Administrative Hearings.
Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.2122. Immunity of Witnesses

Sec. 1104.2122.  IMMUNITY OF WITNESSES.  (a)  The board in a contested case hearing may grant a witness immunity from disciplinary action by the board.
(b)  The official record of the hearing must include the reason for granting immunity.
Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.213. Applicability of Administrative Procedure Law

Sec. 1104.213.  APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW.  Except as otherwise provided by this chapter, a proceeding under this subchapter is subject to Chapter 2001, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.2131. Record of Proceedings

Sec. 1104.2131.  RECORD OF PROCEEDINGS.  (a)  Contested case proceedings shall be recorded by:
(1)  mechanical or electrical means; or
(2)  a certified shorthand reporter.
(b)  At the request of a party, the proceedings or any part of the proceedings shall be transcribed.  The expense of the transcription shall be charged to the requesting party.
(c)  The recording, stenographic notes, or transcription of oral proceedings shall be maintained by the board until at least the fifth anniversary of the date of the decision in the contested case.
Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.2132. Failure to Appear; Costs

Sec. 1104.2132.  FAILURE TO APPEAR; COSTS.  (a)  If a respondent receives proper notice of a contested case hearing but does not appear in person at the hearing, the administrative law judge may conduct the hearing or enter an order, as the administrative law judge determines appropriate.
(b)  The respondent is bound by the results of the hearing to the same extent as if the respondent had appeared.
(c)  The administrative law judge may award reasonable costs to the board on a request for and proof of costs incurred if the respondent fails to appear at the hearing.  In this subsection, the term "costs" means all costs associated with the hearing, including the costs charged by the State Office of Administrative Hearings and any costs related to hearing preparation, discovery, depositions, subpoenas, service of process, witness expenses, travel expenses, and investigation expenses.
Added by Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 21, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.214. Action After Hearing

Sec. 1104.214.  ACTION AFTER HEARING.  On conclusion of a contested case hearing under this subchapter, the administrative law judge shall:
(1)  make findings of fact and conclusions of law; and
(2)  issue to the board a proposal for decision that the board take one or more of the following actions:
(A)  dismiss the charges;
(B)  revoke the appraisal management company's registration;
(C)  suspend the registration of the appraisal management company for a period of not more than five years;
(D)  impose a period of probation, with or without conditions;
(E)  issue a public or private reprimand or a warning;
(F)  impose an administrative penalty; or
(G)  require the payment of costs expended by the board associated with the contested case, including:
(i)  attorney's fees;
(ii)  the costs charged by the State Office of Administrative Hearings; and
(iii)  any administrative costs associated with the hearing, including witness expenses, travel expenses, and investigation expenses.
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. 22, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.215. Decision by Board

Sec. 1104.215.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision of the administrative law judge, the board by order may determine that:
(1)  a violation has occurred and may impose an administrative penalty or another sanction; or
(2)  a violation did not occur.
(b)  The board shall give notice of the order to the person who is the subject of the order.  The notice must include:
(1)  the findings of fact and conclusions of law separately stated;
(2)  the amount of any penalty imposed or a description of any sanction imposed;
(3)  a statement of the right of the person to judicial review of the order; and
(4)  any other information required by 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. 23, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.216. Motion for Rehearing

Sec. 1104.216.  MOTION FOR REHEARING.  (a)  A party may file a motion for rehearing with the board.  The motion must state:
(1)  the specific grounds for rehearing; and
(2)  the relief sought.
(b)  A motion for rehearing filed under this section is governed by Chapter 2001, Government Code.
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. 24, eff. September 1, 2017.
2023 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 E. Disciplinary Actions and Procedures and Administrative Penalties › Section 1104.217. Decision on Rehearing

Sec. 1104.217.  DECISION ON REHEARING.  (a)  The decision made at the conclusion of the original contested case hearing may not be reversed or modified for a procedural, evidentiary, or other error that did not cause substantial injustice to the parties.
(b)  The decision made on a rehearing may incorporate by reference any part of the decision made at the conclusion of the original hearing.
(c)  On rehearing, the administrative law judge shall consider facts not presented in the original hearing if:
(1)  the facts arose after the original hearing was concluded;
(2)  the party offering the evidence could not reasonably have provided the evidence at the original hearing; or
(3)  the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the original hearing.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 F. Other Enforcement Provisions › Section 1104.251. Injunction

Sec. 1104.251.  INJUNCTION.  (a)  The board may institute an action in its own name against any person, including a person who is not registered 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 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 F. Other Enforcement Provisions › Section 1104.252. Civil Penalty for Engaging in Activity Without Required Registration

Sec. 1104.252.  CIVIL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED REGISTRATION.  (a)  A person who receives consideration for engaging in an activity for which registration is required under this chapter and who is not registered 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 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 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 F. Other Enforcement Provisions › Section 1104.253. Criminal Penalty for Engaging in Activity Without Required Registration

Sec. 1104.253.  CRIMINAL PENALTY FOR ENGAGING IN ACTIVITY WITHOUT REQUIRED REGISTRATION.  (a)  A person commits an offense if the person engages in an activity for which registration is required under this chapter without being registered.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1105 - Self-Directed and Semi-Independent Status of Texas Real Estate Commission › Section 1105.001. Definitions

Sec. 1105.001.  DEFINITIONS.  In this section:
(1)  "Agency" means the commission and the board.
(2)  "Board" means the Texas Appraiser Licensing and Certification Board.
(3)  "Commission" means the Texas Real Estate Commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1333 (S.B. 1000), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1105 - Self-Directed and Semi-Independent Status of Texas Real Estate Commission › Section 1105.002. Self-Directed and Semi-Independent Status

Sec. 1105.002.  SELF-DIRECTED AND SEMI-INDEPENDENT STATUS.  (a)  Notwithstanding any other provision of law, the agency is self-directed and semi-independent as specified by this chapter.  Any Act of the 82nd Legislature that relates to the agency and that is inconsistent with the agency being self-directed and semi-independent may be implemented by the administrator of the agency only on authorization by the agency.
(b)  This chapter does not affect the board's status as an independent subdivision of the commission as provided by Section 1103.051.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1333 (S.B. 1000), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1105 - Self-Directed and Semi-Independent Status of Texas Real Estate Commission › Section 1105.003. Budget, Revenues, and Expenses

Sec. 1105.003.  BUDGET, REVENUES, AND EXPENSES.  (a)  Notwithstanding any other provision of law, including the General Appropriations Act, the commission and the board shall each adopt a separate budget annually using generally accepted accounting principles.
(b)  The commission shall be responsible for all direct and indirect costs of the commission's existence and operation.  The board shall be responsible for all direct and indirect costs of the board's existence and operation.  The agency may not directly or indirectly cause the general revenue fund to incur any cost.
(c)  Notwithstanding any other provision of law, the commission and the board may each set the amounts of the respective fees, penalties, charges, and revenues required or permitted by statute or rule as necessary for the purpose of carrying out the separate functions of the commission and the board and funding the respective budgets of the commission and the board adopted and approved under Subsection (a).
(d)  All fees and funds collected by the commission or the board and any funds appropriated to the commission or the board shall be deposited in interest-bearing deposit accounts in the Texas Treasury Safekeeping Trust Company.  The comptroller shall contract with the commission and the board for the maintenance of the deposit accounts under terms comparable to a contract between a commercial banking institution and the institution's customers.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 448 , Sec. 31(l)(16), eff. September 1, 2015.
(f)  Not later than August 31 of each fiscal year, the agency shall remit $750,000 to the general revenue fund.
(g)  The fiscal year for the agency begins on September 1 and ends on August 31.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1333 (S.B. 1000), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(l)(16), eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 32, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1105 - Self-Directed and Semi-Independent Status of Texas Real Estate Commission › Section 1105.004. Audits

Sec. 1105.004.  AUDITS.  (a)  This chapter does not affect the duty of the state auditor to audit the agency.  The state auditor shall enter into a contract and schedule with the agency to conduct audits.
(b)  The agency shall reimburse the state auditor for all costs incurred in performing the audits and shall provide to the governor a copy of any audit performed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1333 (S.B. 1000), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 37, eff. September 1, 2019.