CHAPTER 1151. PROPERTY TAX PROFESSIONALS - Texas Statutes

OCCUPATIONS CODE

TITLE 7. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND

HOUSING

SUBTITLE B. PROFESSIONS RELATED TO PROPERTY TAXATION

CHAPTER 1151. PROPERTY TAX PROFESSIONALS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1151.001. SHORT TITLE. This chapter may be cited as the

Property Taxation Professional Certification Act.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Sec. 1151.002. DEFINITIONS. In this chapter:

(1) "Appraisal" means a function described by Chapter 23 or 25,

Tax Code, that:

(A) is performed by an employee of a political subdivision or by

a person acting on behalf of a political subdivision; and

(B) involves an opinion of value of a property interest.

(2) "Assessment" means a function described by Chapter 26, Tax

Code, performed by an employee of a political subdivision or by a

person acting on behalf of a political subdivision to determine

an amount of ad valorem tax for the political subdivision.

(3) "Assessor-collector" means the chief administrator of the

tax office of a taxing unit who is responsible for:

(A) assessment under Chapter 26, Tax Code; and

(B) collection under Chapter 31, Tax Code.

(4) Repealed by Acts 2009, 81st Leg., R.S., Ch. 450, Sec. 41(1),

eff. September 1, 2009.

(5) "Code of ethics" means a formal statement of ethical

standards of conduct adopted by the commission.

(6) "Collection" means a function described by Chapter 31, Tax

Code, or Section 33.02, 33.03, or 33.04, Tax Code.

(7) "Collector" means the chief administrator of the tax office

of a taxing unit who:

(A) is responsible for collection under Chapter 31, Tax Code;

and

(B) is not responsible for assessment.

(7-a) "Commission" means the Texas Commission of Licensing and

Regulation.

(7-b) "Committee" means the Texas Tax Professional Advisory

Committee.

(7-c) "Department" means the Texas Department of Licensing and

Regulation.

(8) "Governing body" means the governing body of a taxing unit

as defined by Section 1.04, Tax Code.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 41(1), eff. September 1, 2009.

Sec. 1151.004. PROHIBITION AGAINST REQUIRING UNPROFESSIONAL

CONDUCT. (a) An appraisal district board of directors or a

governing body may not, as a necessity for employment, require an

appraiser, assessor, or collector to:

(1) act in an unprofessional manner; or

(2) violate this chapter.

(b) The department shall thoroughly investigate a complaint of a

violation of this section.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 2, eff. September 1, 2009.

SUBCHAPTER B. TEXAS TAX PROFESSIONAL ADVISORY COMMITTEE

Sec. 1151.051. MEMBERSHIP. (a) The Texas Tax Professional

Advisory Committee consists of seven members appointed by the

presiding officer of the commission with the approval of the

commission as follows:

(1) two members who are certified under this chapter as

registered professional appraisers;

(2) two members who are certified under this chapter as

registered Texas collectors or registered Texas assessors; and

(3) three members who represent the public.

(b) A vacancy on the committee is filled in the same manner as

the original appointment for the unexpired portion of the term.

(c) The presiding officer of the commission shall designate one

member of the committee as the presiding officer.

(d) Each appointment to the committee shall be made without

regard to the race, color, disability, sex, religion, age, or

national origin of the appointee.

(e) Section 2110.008, Government Code, does not apply to the

committee.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 2, eff.

Sept. 1, 2003.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 43.01, eff.

Sept. 1, 2003.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 4, eff. September 1, 2009.

Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may not be

a public member of the committee if the person or the person's

spouse:

(1) is registered, certified, or licensed by a regulatory agency

in the field of property tax appraisal, assessment, or

collection;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

money from the department;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving money from the department;

(4) uses or receives a substantial amount of tangible goods,

services, or money from the department other than compensation or

reimbursement authorized by law for committee membership,

attendance, or expenses; or

(5) at any time has served on an appraisal review board.

Added by Acts 2003, 78th Leg., ch. 815, Sec. 3, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 5, eff. September 1, 2009.

Sec. 1151.0512. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the committee if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of property tax appraisal,

assessment, or collection; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of property

tax appraisal, assessment, or collection.

(c) A person may not be a member of the committee if the person

or the person's spouse is required to register as a lobbyist

under Chapter 305, Government Code, because of the person's

activities for compensation on behalf of a profession related to

the operation of the committee or the department.

Added by Acts 2003, 78th Leg., ch. 815, Sec. 3, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 6, eff. September 1, 2009.

Sec. 1151.052. TERMS. Committee members serve six-year terms,

with the terms of one or two members expiring on March 1 of each

odd-numbered year.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 4, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1170, Sec. 43.02, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 7, eff. September 1, 2009.

Sec. 1151.055. COMPENSATION; REIMBURSEMENT. (a) A committee

member may not receive compensation for the member's services.

(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 450, Sec. 41(5),

eff. September 1, 2009.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 8, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 41(5), eff. September 1, 2009.

SUBCHAPTER C. DUTIES OF COMMISSION, EXECUTIVE DIRECTOR,

DEPARTMENT, AND ADVISORY COMMITTEE

Sec. 1151.101. FEES. The commission, with the advice of the

committee, shall establish fees under this chapter in amounts

reasonable and necessary to cover the costs of administering the

programs and activities under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 10, eff. September 1, 2009.

Sec. 1151.1015. ASSISTANCE FROM COMPTROLLER. The comptroller

shall enter into a memorandum of understanding with the

department under which the comptroller shall provide:

(1) information on the educational needs of and opportunities

for tax professionals;

(2) review and approval of all required educational courses,

examinations, and continuing education programs for registrants;

(3) a copy of any report issued by the comptroller under Section

5.102, Tax Code, and if requested by the department a copy of any

work papers or other documents collected or created in connection

with a report issued under that section; and

(4) information and assistance regarding administrative

proceedings conducted under the commission's rules or this

chapter.

Added by Acts 2003, 78th Leg., ch. 815, Sec. 8, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 11, eff. September 1, 2009.

Sec. 1151.102. GENERAL RULEMAKING AUTHORITY. The commission may

adopt and enforce rules necessary for the performance of the

department's duties.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 12, eff. September 1, 2009.

Sec. 1151.103. ESTABLISHMENT OF PROFESSIONAL STANDARDS. The

commission shall establish standards of professional practice,

conduct, education, and ethics for appraisers, assessors, and

collectors consistent with the purposes and intent of this

chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 13, eff. September 1, 2009.

Sec. 1151.104. ENFORCEMENT OF CHAPTER. The department may

ensure strict compliance with and enforce this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 14, eff. September 1, 2009.

Sec. 1151.106. CLASSIFICATION SYSTEM FOR REGISTRANTS. (a) The

commission by rule shall:

(1) adopt a classification system for registrants; and

(2) establish minimum requirements for each classification.

(b) The requirements must be based on experience in property

taxation administration, education and training, professional

performance and achievements, and compliance with the code of

ethics.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 15, eff. September 1, 2009.

Sec. 1151.107. ROSTER OF REGISTRANTS. (a) The department shall

maintain a roster of registrants that includes each registrant's

name, place of employment, and classification.

(b) A copy of the roster shall be made available to a registrant

and to the public on request.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 16, eff. September 1, 2009.

Sec. 1151.108. COMMITTEE DUTIES. The committee shall:

(1) recommend to the commission rules and standards regarding

technical issues relating to tax professionals;

(2) provide advice to the commission regarding continuing

education courses and curricula for registrants;

(3) provide advice to the commission regarding the contents of

any examination required by the commission under this chapter;

and

(4) educate, and respond to questions from, the commission and

the department regarding issues affecting tax professionals.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 17, eff. September 1, 2009.

SUBCHAPTER D. REGISTRATION AND CERTIFICATION

Sec. 1151.151. REGISTRATION REQUIRED; EXEMPTION. (a) The

following persons must register with the department:

(1) the chief appraiser of an appraisal district, an appraisal

supervisor or assistant, a property tax appraiser, an appraisal

engineer, and any other person authorized to render judgment on,

recommend, or certify an appraised value to the appraisal review

board of an appraisal district;

(2) a person who engages in appraisal of property for ad valorem

tax purposes for an appraisal district or a taxing unit;

(3) an assessor-collector, a collector, or another person

designated by a governing body as the chief administrator of the

taxing unit's assessment functions, collection functions, or

both; and

(4) a person who performs assessment or collection functions for

a taxing unit and is required to register by the chief

administrator of the unit's tax office.

(b) A county assessor-collector is not required to register with

the department if the county, by contract entered into under

Section 6.24(b), Tax Code, has its taxes assessed and collected

by another taxing unit or an appraisal district.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 12, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 18, eff. September 1, 2009.

Sec. 1151.152. ELIGIBILITY FOR REGISTRATION. To be eligible for

registration, an applicant must:

(1) be at least 18 years of age;

(2) reside in this state;

(3) be of good moral character;

(4) be a graduate of an accredited high school or establish high

school graduation equivalency; and

(5) be actively engaged in appraisal, assessment, or collection.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Sec. 1151.153. REGISTRATION APPLICATION. (a) An application

for registration must be made on the printed form provided by the

department. In prescribing the contents of an application form,

the commission shall ensure that the form requires information

sufficient to properly classify the applicant.

(b) Each application form the department provides must be

accompanied by the code of ethics.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 19, eff. September 1, 2009.

Sec. 1151.154. SUBMISSION OF APPLICATION. An initial

application for registration must be accompanied by:

(1) a nonrefundable processing fee; and

(2) a nonrefundable registration fee.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 19(3), eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 20, eff. September 1, 2009.

Sec. 1151.155. ACTION ON APPLICATION. (a) The department shall

act on an application for registration not later than the 30th

day after the date the application is received.

(b) The department shall:

(1) classify and register each applicant the department

approves; and

(2) notify the registrant of the requirements for:

(A) maintenance of the registrant's current registration; and

(B) professional certification by the department.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 450, Sec.

41(14), eff. September 1, 2009.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 21, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 41(14), eff. September 1, 2009.

Sec. 1151.156. DISCRIMINATION PROHIBITED. The department may

not refuse to register an applicant because of the race, color,

disability, sex, religion, age, or national origin of the

applicant.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 22, eff. September 1, 2009.

Sec. 1151.157. ISSUANCE AND POSSESSION OF IDENTIFICATION CARD

REQUIRED. (a) The department shall issue an identification card

to each person registered under this chapter. While on official

duty, the registrant shall have the identification card in the

registrant's possession.

(b) An identification card issued under Subsection (a) must:

(1) be serially numbered;

(2) describe any registration classification into which the

person is placed; and

(3) state the expiration date of the person's registration.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 23, eff. September 1, 2009.

Sec. 1151.158. ANNUAL FEE; EXPIRATION AND RENEWAL OF

REGISTRATION. (a) Except as otherwise provided by the

commission, a registration under this chapter is valid for one

year and must be renewed annually. A registrant must pay an

annual fee. The commission by rule may adopt a system under

which registrations expire on various dates during the year.

(b) The department shall notify a registrant under this chapter

of the impending expiration of the registrant's registration as

provided by Section 51.401(f).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 24, eff. September 1, 2009.

Sec. 1151.1581. CONTINUING EDUCATION. (a) The commission shall

recognize, prepare, or administer continuing education programs

for registrants under this chapter.

(b) The comptroller must review and approve all continuing

education programs for registrants.

(c) A registrant must participate in the programs to the extent

required by the department to keep the person's certificate of

registration.

(d) The commission may set fees for continuing education courses

and providers of continuing education courses in amounts

reasonable and necessary to cover the department's costs in

administering the department's duties under this section.

(e) The comptroller may set fees for continuing education

courses and providers of continuing education courses in amounts

reasonable and necessary to cover the comptroller's costs in

administering the comptroller's duties under this section.

Added by Acts 2003, 78th Leg., ch. 815, Sec. 13, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 25, eff. September 1, 2009.

Sec. 1151.160. CERTIFICATION LEVELS AND REQUIREMENTS. (a) The

commission by rule shall adopt minimum requirements for the

certification of registrants. The requirements for certification

of an employee of a taxing unit's tax office must emphasize the

areas of responsibility of the registrant in performing the

registrant's duties for the taxing unit.

(b) "Registered professional appraiser" is the highest level of

certification established by the commission for a person engaged

in appraisal. "Registered Texas assessor" is the highest level of

certification established by the commission for a person engaged

in assessment. "Registered Texas collector" is the highest level

of certification established by the commission for a person

engaged in collection.

(c) The rules establishing minimum requirements must require

that:

(1) a person registered as an appraiser become certified as a

registered professional appraiser not later than the fifth

anniversary of the date of the person's original registration;

(2) a person registered as an assessor or assessor-collector

become certified as a registered Texas assessor not later than

the fifth anniversary of the date of the person's original

registration; and

(3) a person registered as a collector become certified as a

registered Texas collector not later than the third anniversary

of the date of the person's original registration.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 26, eff. September 1, 2009.

Sec. 1151.161. EXAMINATION FOR CERTIFICATION; APPLICATION; FEE.

(a) The commission by rule shall require a registrant to pass

one or more examinations to be certified. The commission by rule

shall ensure that any examination required for certification is

administered in compliance with the Americans with Disabilities

Act of 1990 (42 U.S.C. Section 12101 et seq.).

(b) An applicant for examination under this section must apply

to take the examination in the manner prescribed by the

department.

(c) The department may accept, develop, or contract for the

examinations required by this section, including the

administration of the examinations. The comptroller must approve

the content of an examination accepted, developed, or contracted

for by the department. The department may require a third-party

vendor to collect a fee associated with the examination directly

from examinees.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 14, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 27, eff. September 1, 2009.

Sec. 1151.162. RULES RELATING TO RECERTIFICATION AND

SPECIALIZATION. The commission may adopt rules:

(1) regarding recertification to ensure that each person

certified under this chapter who is engaged in appraisal,

assessment, or collection is registered and professionally

competent; and

(2) establishing specialized classifications, designations, and

requirements as necessary to accomplish the purposes of this

chapter, including maintaining high standards of professional

practice in all phases of property taxation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 28, eff. September 1, 2009.

Sec. 1151.163. REGISTRATION BY ENDORSEMENT. The department may

waive any prerequisite to obtaining a certificate of registration

for an applicant after reviewing the applicant's credentials and

determining that the applicant holds a license or certificate of

registration issued by another jurisdiction that has requirements

substantially equivalent to those of this state.

Added by Acts 2003, 78th Leg., ch. 815, Sec. 16, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 29, eff. September 1, 2009.

Sec. 1151.164. CHIEF APPRAISER TRAINING PROGRAM. (a) The

department shall implement a training program for newly appointed

chief appraisers and shall prescribe the curriculum for the

training program as provided by this section.

(b) The training program must provide the appointee with

information regarding:

(1) this chapter;

(2) the programs operated by the department;

(3) the role and functions of the department;

(4) the rules of the commission, with an emphasis on the rules

that relate to ethical behavior;

(5) the role and functions of the chief appraiser, the appraisal

district board of directors, and the appraisal review board;

(6) the importance of maintaining the independence of an

appraisal office from political pressure;

(7) the importance of prompt and courteous treatment of the

public;

(8) the finance and budgeting requirements for an appraisal

district, including appropriate controls to ensure that

expenditures are proper; and

(9) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code;

(D) other laws relating to public officials, including

conflict-of-interest laws; and

(E) the standards of ethics imposed by the Uniform Standards of

Professional Appraisal Practice.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 450, Sec.

41(17), eff. September 1, 2009.

Added by Acts 2005, 79th Leg., Ch.

1111, Sec. 1, eff. June 18, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 30, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 41(17), eff. September 1, 2009.

SUBCHAPTER E. ENFORCEMENT

Sec. 1151.202. DENIAL OF REGISTRATION; DISCIPLINARY ACTION. (a)

The department may deny an application for registration of or

take other disciplinary action as described by Chapter 51 against

a person who violates this chapter or a commission rule.

(b) The commission by rule shall adopt written guidelines to

ensure that denials of registration under this section and other

disciplinary actions under Chapter 51 are administered

consistently.

(c) Before imposing an administrative penalty under Subchapter

F, Chapter 51, against a registrant, the department must consider

evidence that the registrant:

(1) attempted in good faith to implement or execute a law,

policy, rule, order, budgetary restriction, or other regulation

provided by the laws of this state, the comptroller, or the

governing body or the chief administrator of the appraisal

district or taxing jurisdiction that employs the registrant;

(2) acted on the advice of counsel or the comptroller; or

(3) had discretion over the matter on which the complaint is

based, if the complaint is based solely on grounds that the

registrant decided incorrectly or failed to exercise discretion

in favor of the complainant.

(d) The department may notify the local governmental entity that

employs a registrant of a complaint against the registrant by

sending a copy of the complaint letter to the local governmental

entity.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 815, Sec. 17, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 31, eff. September 1, 2009.

Sec. 1151.204. DISMISSAL OF COMPLAINT RELATING TO APPRAISED

VALUE. After investigation, the department may dismiss a

complaint without conducting a hearing if:

(1) the complaint challenges only the appraised value of a

property or another matter for which Title I, Tax Code, specifies

a remedy and does not credibly allege a violation of this chapter

or the standards established by the commission for registrants

under this chapter; and

(2) the disagreement has not been resolved in the complainant's

favor by an appraisal review board or court.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 32, eff. September 1, 2009.

Sec. 1151.205. SUBPOENA AUTHORITY. (a) The department 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 or a commission rule for inspection and copying.

(b) If a person does not comply with the subpoena, the

department, 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 department may be

held.

(c) The court shall order compliance with the subpoena if the

court determines that good cause exists for the issuance of the

subpoena.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 33, eff. September 1, 2009.

SUBCHAPTER F. CRIMINAL PENALTIES

Sec. 1151.251. FAILURE TO REGISTER. (a) A person commits an

offense if the person does not register with the department as

required by Section 1151.151.

(b) An offense under this section is a Class C misdemeanor.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 34, eff. September 1, 2009.

Sec. 1151.252. PROHIBITED ACTIONS WHILE REGISTRATION OR

CERTIFICATION IS REVOKED OR SUSPENDED. (a) A person commits an

offense if the person performs an appraisal, assessment, or

collection function while the person's registration or

certification with the department is not active.

(b) An offense under this section is a Class B misdemeanor.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 35, eff. September 1, 2009.

Sec. 1151.253. COMPLAINT OF VIOLATION. A person may file a

complaint with the department concerning a violation of this

chapter or a rule adopted by the commission under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

450, Sec. 36, eff. September 1, 2009.