HB1675 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 37 section(s) of the Texas statutes: Section 1101.006, Occupations Code, Section 1101.059, Occupations Code, Section 1101.152, Occupations Code, Section 1101.204, Occupations Code, Section 1101.2051, Occupations Code, Section 1101.206(a), Occupations Code.

• Section 1101.006, Occupations Code

  2019 → 2025

  amended

• Section 1101.059, Occupations Code

  this chapter and other laws regulated by the commission (4) (5) → the law governing commission operations the scope of and limitations on the rulemaking authority of the commission; (4) the types of commission rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the commission regulates, including rules, interpretations, and enforcement actions that: (A) regulate the scope of practice of persons in a profession or business the commission regulates; (B) restrict advertising by persons in a profession or business the commission regulates; (C) affect the price of goods or services provided by persons in a profession or business the commission regulates; and (D) restrict participation in a profession or business the commission regulates; (5) (6) : (A) disclosure of and (B) other laws applicable to members of a state policymaking body in performing their duties; (7) , as provided by the General Appropriations Act, (d) The executive director of the commission shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the commission. On receipt of the training manual, each member of the commission shall sign and submit to the executive director a statement acknowledging receipt of the training manual.

  amended

• Section 1101.152, Occupations Code

  filing a request for a branch office license; (8) (9) (10) (11) (12) filing an application for approval of an instructor of qualifying real estate courses; (13) (14) (15) moral character (16) ; (3) an application for approval of an instructor of continuing education courses; and (4) attendance at a program to train instructors of a continuing education course prescribed under Section 1101.455 → (8) (9) (10) (11) (12) (13) of fitness to engage in a profession the commission regulates (14) and

  amended

• Section 1101.204, Occupations Code

  (i) If the commission determines at any time that an allegation made or formal complaint submitted by a person is inappropriate or without merit, the commission shall dismiss the complaint and no further action may be taken. The commission may delegate to commission staff the duty to dismiss complaints described by this subsection.

  amended

• Section 1101.2051, Occupations Code

  (d-1) The commission 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.

  amended

• Section 1101.206(a), Occupations Code

  issue under the commission's jurisdiction → agenda item at a regular commission meeting

  amended

• Section 1101.301, Occupations Code

  : (1) ; and (2) develop minimum education and experience requirements for an instructor of a course of study described by Subdivision (1) (b-1) For commission approval of an application to offer a course of study under this section, the applicant must ensure that the educational program's instructors meet the minimum education and experience requirements developed by the commission under Subsection (a)(2). (f) The commission may deny approval of an application to renew a program's approval to offer a program or course of study if the applicant is in violation of a commission order. The denial of an approval under this subsection is subject to the same provisions as are applicable under Section 1101.364 to the denial of a license.

  amended

• Section 1101.303, Occupations Code

  (c) The commission may by rule develop minimum education and experience requirements for an instructor of a continuing education course of study. For commission approval of an application to offer the course, the applicant must ensure that the course's instructors meet the minimum education and experience requirements developed by the commission under this subsection. (d) The commission may deny an application to renew an approval under this section if the applicant is in violation of a commission order. The denial of an approval under this subsection is subject to the same provisions as are applicable under Section 1101.364 to the denial of a license.

  amended

• Section 1101.353

  MORAL CHARACTER → OF FITNESS

  amended

• person's moral character complies with the commission's moral character requirements for licensing under this chapter moral character moral character person moral character moral character moral character → person possesses the fitness to engage in the profession for which the license is required fitness to engage in the profession person's fitness of fitness of fitness of fitness

  amended

• Section 1101.354, Occupations Code

  and (C) be a resident of this state; → and

  amended

• Section 1101.459, Occupations Code

  Sec. 1101.459. DENIAL OF LICENSE RENEWAL. (a) The commission may deny the renewal of a license under this chapter if the applicant is in violation of a commission order. (b) The denial of a license renewal is subject to the same provisions as are applicable under Section 1101.364 to the denial of a license.

  added

• Section 1101.505, Occupations Code

  a → ISSUANCE OR RENEWAL (a) an original or renewal of a certificate of registration (b) The commission may deny the renewal of a certificate of registration if the applicant is in violation of a commission order.

  amended

• Section 1101.552

  ; BRANCH OFFICES

  amended

• Section 1101.652(a), Occupations Code

  (7) → fails to consider market conditions for the specific geographic area in which the license holder is providing a service; (7) (8)

  amended

• Section 1102.106, Occupations Code

  MORAL CHARACTER person's moral character complies with the commission's moral character requirements for licensing moral character person → OF FITNESS person possesses the fitness to engage in a profession licensed person's fitness

  amended

• Section 1102.107, Occupations Code

  and (C) a resident of this state; → and

  amended

• Section 1102.206, Occupations Code

  Sec. 1102.206. DENIAL OF LICENSE RENEWAL. (a) The commission may deny the renewal of a license if the applicant is in violation of a commission order. (b) The provisions of Section 1101.459 governing the commission's denial of a license renewal under that chapter apply to the commission's denial of a license renewal under this chapter.

  added

• Section 1103.006, Occupations Code

  2019 → 2025

  amended

• Section 1103.0521, Occupations Code

  Sec. 1103.0521. 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 board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of real estate brokerage or appraisal; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of real estate brokerage or appraisal. (c) A person may not serve as a board member or act as the general counsel to the board if the person 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 board.

  added

• Section 1103.054, Occupations Code

  or → ; or (5) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses

  amended

• Section 1103.0545, Occupations Code

  this chapter and other laws applicable to the board (4) (5) → the law governing board operations the scope of and limitations on the rulemaking authority of the board; (4) the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including rules, interpretations, and enforcement actions that: (A) regulate the scope of practice of persons in a profession or business the board regulates; (B) restrict advertising by persons in a profession or business the board regulates; (C) affect the price of goods or services provided by persons in a profession or business the board regulates; and (D) restrict participation in a profession or business the board regulates; (5) (6) : (A) disclosure of (B) other laws applicable to members of a state policymaking body in performing their duties; and (7) , as provided by the General Appropriations Act, (d) The commissioner shall create a training manual that includes the information required by Subsection (b). The commissioner shall distribute a copy of the training manual annually to each member of the board. On receipt of the training manual, each member of the board shall sign and submit to the board a statement acknowledging receipt of the training manual.

  amended

• Section 1103.057(a), Occupations Code

  (4) → is ineligible for membership under Section 1103.0521 or 1103.054; (4) (5)

  amended

• Section 1103.105, Occupations Code

  Sec. 1103.105. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the staff of the board.

  added

• Section 1103.153, Occupations Code

  , , or instructor → (a) or (b) In addition to the rules adopted under Subsection (a), the board may by rule develop minimum education and experience requirements for an instructor of a course for qualifying or continuing education. For board approval of a course provider application, the applicant must ensure that the instructors meet the minimum education and experience requirements.

  amended

• Section 1103.159

  ON APPRAISAL MANAGEMENT COMPANIES

  amended

• Sec. 1103.160. ADVISORY COMMITTEES. (a) The board may appoint advisory committees to perform the advisory functions assigned to the committees by the board. An advisory committee under this section is subject to Chapter 2110, Government Code. (b) A member of an advisory committee who is not a member of the board may not receive compensation for service on the committee. The member may receive reimbursement for actual and necessary expenses incurred in performing committee functions as provided by Section 2110.004, Government Code. (c) A member of an advisory committee serves at the will of the board. (d) An advisory committee may hold a meeting by telephone conference call or other video or broadcast technology. (e) If the board appoints an advisory committee under this section, the board shall adopt rules regarding: (1) the advisory committee's purpose, role, responsibility, and goals; (2) size and quorum requirements; (3) qualifications for membership, including experience requirements and geographic representation; (4) appointment procedures; (5) membership terms; (6) training requirements for advisory committee members; and (7) the advisory committee's compliance with Chapter 551, Government Code. (f) In addition to the rules adopted under Subsection (e), the board by rule shall adopt a process to regularly evaluate the need for an advisory committee appointed under this section. Sec. 1103.161. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any agenda item at a regular board meeting. Sec. 1103.162. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and (2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction. (b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. (c) The board shall: (1) coordinate the implementation of the policy adopted under Subsection (a); (2) provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and (3) collect data concerning the effectiveness of those procedures. Sec. 1103.163. COMPLAINT INFORMATION. (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition. (b) The board shall make information available describing its procedures for complaint investigation and resolution. (c) The board shall periodically notify the complaint parties of the status of the complaint until final disposition.

  amended

• Section 1103.214, Occupations Code

  Sec. 1103.214. DENIAL OF CERTIFICATE OR LICENSE RENEWAL. (a) The board may deny the renewal of a certificate or license issued under this chapter if the applicant is in violation of a board order. (b) The denial of a certificate or license renewal under this section is subject to the same provisions as are applicable under Section 1103.210 to the denial of a certificate or license.

  added

• Section 1103.353, Occupations Code

  have been a resident of this state for the 60 days preceding the date the application is filed; (4) (5) (6) → (4) (5)

  amended

• Section 1103.460, Occupations Code

  (d-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.

  amended

• Section 1103.552(c), Occupations Code

  shall be deposited in a restricted fund maintained and operated by the board to develop educational programs for appraisers or conduct studies that enhance consumer protection → the board shall remit to the comptroller for deposit in the general revenue fund

  amended

• Section 1103.5526, Occupations Code

  Sec. 1103.5526. REFUND. (a) Subject to Subsection (b), the board may order a person regulated by the board under this chapter or Chapter 1104 to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference or an enforcement order instead of or in addition to imposing an administrative penalty or other sanctions. (b) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference or an enforcement order may not exceed the amount the consumer paid to the person for a service regulated by the board. The board may not require payment of other damages or estimate harm in a refund order.

  added

• Section 1104.102(c), Occupations Code

  : (1) be of good moral character, as determined by the board; and (2)

  amended

• Section 1104.104(b), Occupations Code

  must be of good moral character, as determined by the board; and (4) → and

  amended

• Section 1104.105, Occupations Code

  (a-1) The board may deny an application for registration renewal if the applicant is in violation of a board order.

  amended

• Section 1104.2082, Occupations 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.

  amended

• Section 1105.004(b), Occupations Code

  Not later than August 31 of each fiscal year, the agency shall remit a nonrefundable retainer to the state auditor in an amount not less than $10,000. , in excess of the aggregate nonrefundable retainer amounts paid each fiscal year,

  amended

• (5) and the annual budgets of the commission and the board and a detailed report of all revenue received and all expenses incurred by the agency in the previous 12 months → (5) a report on the number of examination candidates, license, certificate, and registration holders, and enforcement activities and any changes in those figures; (6) , including trend performance data for the preceding five fiscal years , including trend performance data for the preceding five fiscal years covering a period of two fiscal years the agency's operating budget, including revenues and a breakdown of expenditures by program and administrative expense, showing: (A) projected budget data for a period of two fiscal years; and (B) trend performance data for the preceding five fiscal years; and (5) trend performance data for the preceding five fiscal years regarding: (A) the number of full-time equivalent positions at the agency; (B) the number of complaints received from the public and the number of complaints initiated by agency staff; (C) the number of complaints dismissed and the number of complaints resolved by enforcement action; (D) the number of enforcement actions by sanction type; (E) the number of enforcement cases closed through voluntary compliance; (F) the amount of administrative penalties assessed and the rate of collection of assessed administrative penalties; (G) the number of enforcement cases that allege a threat to public health, safety, or welfare or a violation of professional standards of care and the disposition of those cases; (H) the average time to resolve a complaint; (I) the number of license holders or regulated persons broken down by type of license and license status, including inactive status or retired status; (J) the fee charged to issue and renew each type of license, certificate, or registration issued by the agency; (K) the average time to issue a license, certificate, or registration; (L) litigation costs, broken down by administrative hearings, judicial proceedings, and outside counsel costs; and (M) reserve fund balances

  amended

• Section 1105.007, Occupations Code

  : (1) purchase, , gift, or any other manner provided by law , or any interest in property, or convenient ; (2) sell or otherwise dispose of any real, personal, or mixed property, or any interest in property, that the commission or board, as appropriate, determines is not necessary or convenient to the exercise of the commission's or board's respective powers, rights, privileges, or functions; (3) construct, extend, improve, maintain, and reconstruct, or cause to construct, extend, improve, maintain, and reconstruct, and use and operate all facilities necessary or convenient to the exercise of the respective powers, rights, privileges, or functions of the commission or board; and (4) borrow money, as may be authorized from time to time by an affirmative vote of a two-thirds majority of the commission or board, as appropriate, for a period not to exceed five years if necessary or convenient to the exercise of the commission's or board's respective powers, rights, privileges, or functions

  amended

• Section 1105.008(b), Occupations Code

  Not later than August 31 of each fiscal year, the agency shall remit a nonrefundable retainer to the office of the attorney general in an amount of not less than $75,000. The nonrefundable retainer shall be applied to any services provided to the agency. If additional litigation services are required, the , in excess of the aggregate nonrefundable retainer amount paid each fiscal year, → The

  amended