HBA-ATS H.B. 1521 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1521
By: Siebert
Business & Industry
3/2/1999
Introduced



BACKGROUND AND PURPOSE 

Numerous penalty provisions regulating the behavior of real property
professionals, such as land surveyors, appraisers, realtors, and timeshare
operators, have been enacted in different legislative sessions.  For
example, the penalty provisions regulating realtors, enacted in 1963,
remain unchanged.  Additionally, laws providing penalties for the unlawful
filing of a plat or replat of a subdivision have remained unchanged for
decades, while the penalty provisions for land surveyors, appraisers, and
timeshare operators were enacted more recently.  These differences in the
time of enactment have resulted in a lack of uniformity and consistency
among the penalty provisions, and older penalty provisions have not taken
inflation into account. 

H.B. 1521 increases the minimum and maximum administrative and civil fines
imposed upon land surveyors, appraisers, timeshare operators, and realtors.
In addition, this bill increases the penalty for a violation of The Real
Estate License Act from a misdemeanor punishable by a fine of not more than
$500, or by imprisonment in a county jail for not more than one year, to a
Class A misdemeanor, to make it consistent with other professions'
licensing statutes. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 23A(b), Article 5282c, V.T.C.S. (Professional
Land Surveying Practices Act), to increase from $1,000 to $1,500 the
maximum amount of the administrative penalty assessed by the Texas Board of
Professional Land Surveying (board) for each violation of a provision of
this Act or a rule or order adopted by the board under this Act. 

SECTION 2.  Amends Section 23B, Article 5282c, V.T.C.S. (Professional Land
Surveying Practices Act), as follows: 

(a) Creates this subsection from existing text.  Makes a conforming change.

(b) Makes a nonsubstantive change.

SECTION 3.  Amends Article 6573a.1, V.T.C.S., as follows:

(a) Creates this subsection from existing text.  Provides that a person
commits an offense if the person wilfully violates or fails to comply with
any of the provisions of The Real Estate License Act of Texas or any order
of the Texas Real Estate Commission authorized by The Real Estate License
Act.  Makes nonsubstantive changes. 

(b) Creates this subsection from existing text.  Provides that an offense
under this article is a Class A misdemeanor, rather than that a person who
commits an offense is guilty of a misdemeanor punishable by a fine of not
more than $500, by imprisonment in a county jail for not more than one
year, or by both such fine and imprisonment. 

 SECTION 4.  Amends Section 12(j), Article 6573a.2, V.T.C.S. (Texas
Appraiser Licensing and Certification Act), to increase from $500 to $1,000
the minimum amount of the civil penalty for which a certified or licensed
appraiser who files a frivolous complaint against another certified or
licensed appraiser is liable. 

SECTION 5.  Amends Section 12A(j), Article 6573a.2, V.T.C.S. (Texas
Appraiser Licensing and Certification Act), to increase from $1,000 to
$1,500 the maximum administrative penalty imposed by the Texas Appraiser
Licensing and Certification Board (board) for each violation of the rules
of professional conduct adopted by the board. 

SECTION 6.  Amends Section 12.002(e), Property Code, to increase from $500
to $1,000 the maximum fine for filing a plat or replat of a subdivision
unless it is lawfully approved and unless the plat or replat has attached
to it the required documents, if applicable, or for using a subdivision's
description in a conveyance instrument that is delivered to a purchaser
unless the plat or replat of the subdivision is approved and is filed and
unless the plat or replat has attached to it the required documents, if
applicable.   

SECTION 7.  Amends Section 221.073(c), Property Code, to make a
nonsubstantive change. 

SECTION 8.  Amends Sections 221.075(b) and (c), Property Code, to increase
from $1,000 to $1,500 the maximum civil penalty imposed on a timeshare
operator for each day after the first 10 days that an annual timeshare fee
and expense statement is late, and to increase from $25,000 to $30,000 the
maximum amount of the civil penalty for which a managing entity is
responsible. 

SECTION 9.  Makes application of this Act prospective.

SECTION 10.  Emergency clause.
              Effective date: upon passage.