CHAPTER 1152. PROPERTY TAX CONSULTANTS - 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

Sec. 1152.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission of Licensing and

Regulation.

(2) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 12.014(1);

Acts 2003, 78th Leg., ch. 1276, Sec. 14A.201(a).

(3) "Department" means the Texas Department of Licensing and

Regulation.

(3-a) "Executive director" means the executive director of the

department.

(4) "Person" means an individual, partnership, corporation, or

association.

(5) "Property tax consultant" means a person who performs or

supervises another person in the performance of property tax

consulting services for compensation.

(6) "Property tax consulting services" means:

(A) preparing for another person a rendition statement or

property report under Chapter 22, Tax Code;

(B) representing another person in a protest under Subchapter C,

Chapter 41, Tax Code;

(C) consulting or advising another person concerning:

(i) the preparation of a rendition statement or property report

under Chapter 22, Tax Code; or

(ii) an action the other person may protest under Subchapter C,

Chapter 41, Tax Code;

(D) negotiating or entering into an agreement with an appraisal

district on behalf of another person concerning an action that is

or may be the subject of a protest under Subchapter C, Chapter

41, Tax Code; or

(E) acting as the agent of a property owner designated in

accordance with Section 1.111, Tax Code.

(7) "Registrant" means a person who is registered as a property

tax consultant or a senior property tax consultant under this

chapter.

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

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 12.014(1),

eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec.

14A.201(a), (b), eff. Sept. 1, 2003.

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.

SUBCHAPTER B. DUTIES OF COMMISSION, EXECUTIVE DIRECTOR, AND

DEPARTMENT

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.

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.

Sec. 1152.053. FEE INCREASE. (a) The fee for the registration

of a person under this chapter and the fee for the renewal of a

registration under this chapter is increased by $200.

(b) Of each fee increase collected, $50 shall be deposited in

the foundation school fund and $150 shall be deposited in the

general revenue fund.

Added by Acts 2003, 78th Leg., ch. 200, Sec. 14(d), eff. Sept. 1,

2003.

SUBCHAPTER C. PROPERTY TAX CONSULTANTS ADVISORY COUNCIL

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.

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

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, Sec. 37, eff. September 1, 2009.

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.

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.

Sec. 1152.106. MEETINGS; VOTE REQUIRED FOR ACTION. (a) The

council shall meet at least semiannually at the call of the

presiding officer or at the call of a majority of its members.

(b) 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.

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.

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.

SUBCHAPTER D. REGISTRATION REQUIREMENTS

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.

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, Sec. 1, eff. September 1, 2007.

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.

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.

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.

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

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.

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.

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.

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, Sec. 2, eff. September 1, 2007.

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

1313, Sec. 2, eff. September 1, 2009.

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.

SUBCHAPTER E. RENEWAL 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.

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.

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.

SUBCHAPTER E-1. 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, Sec. 3, eff. January 1, 2010.

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, Sec. 3, eff. January 1, 2010.

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, Sec. 3, eff. January 1, 2010.

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, Sec. 3, eff. January 1, 2010.

SUBCHAPTER F. PENALTIES AND ENFORCEMENT

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.

Sec. 1152.252. CRIMINAL PENALTIES. (a) A person required to be

registered under this chapter commits an offense if the person:

(1) is not registered under this chapter; and

(2) performs or offers to perform property tax consulting

services for compensation.

(b) A person commits an offense if the person:

(1) knows that a person required to be registered under this

chapter is not registered; and

(2) represents that the person required to be registered is a

property tax consultant, agent, counselor, advisor, or

representative.

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

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

2003.