Justification For Registration Of Property Tax Consultants Administrative Rule Adoption
§§66.22 and 66.70

The Texas Commission of Licensing and Regulation (“Commission”) adopts a proposed new rule at 16 Texas Administrative Code (“TAC”), Chapter 66, §66.22 and amendments to an existing rule at 16 TAC, §66.70 regarding the property tax consultants program.

These rule changes implement House Bill 2352, 80th Legislature, which takes effect September 1, 2007.  Currently, a registered property tax consultant, with some exceptions, must be employed by or associated with a registered senior property tax consultant.  House Bill 2352 allows a registered property tax consultant the additional option of being employed by or associated with and acting for an attorney licensed in this state who has successfully completed the senior property tax consultant examination.  An attorney licensed in this state may take the examination without completing any other eligibility requirements under Chapter 1152, Occupations Code for registration as a senior property tax consultant.  The rule changes to implement this legislation were recommended by the Property Tax Consultants Advisory Council on July 18, 2007.

New §66.22(a) outlines the procedure for a licensed attorney to take the senior property tax consultant examination.  The attorney must file an application on a form provided by the Department and pay the examination fee.  Subsection (b) clarifies the eligibility requirements that the attorney is not required to complete.  Subsection (c) specifies that the passing score is 70%, the same as for a senior property tax consultant.

The amendments to §66.70(e) recognize that the law will now allow property tax consultants the option of being employed by or associated with a Texas-licensed attorney.

The proposed new rule and amendments were published in the Texas Register on August 10, 2007.  The comment period closed on September 10, 2007.  No public comments were received in response to the proposal.

The new rule and amendments are adopted under Texas Occupations Code, Chapter 1152 and Chapter 51 which authorize the Department to adopt rules as necessary to implement those chapters and any other law establishing a program regulated by the Department.  In particular, the new rule and amendments implement the provisions of House Bill 2352, passed by the 80th Legislature.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 1152 and Chapter 51.  No other statutes, articles, or codes are affected by the adoption.

The adoption takes effect October 15, 2007.

Chapter 66.  Registration of Property Tax Consultants

Proposal Filed:  July 30, 2007 ~ Published in the Texas Register August 10, 2007

Adopted effective October 15, 2007.

Underlined text is new language.

[Strike-through text] is deleted language.

§66.22. Examination--Licensed Attorney.

(a) An attorney who is licensed to practice law in this state may take the senior property tax consultant examination, if the attorney:

(1) files an application on a form provided by the department; and

(2) pays the applicable examination fee.

(b) An attorney who takes the examination under this section is not required to complete any other eligibility requirements for registration as a senior property tax consultant, including:

(1) applying for registration as a senior property tax consultant;

(2) paying the fee for a senior property tax consultant registration; or

(3) meeting the education, experience, and other requirements of Texas Occupations Code, §1152.155 and §1152.157.

(c) The standard for passing the senior property tax consultant examination shall be the same as under §66.20.

§66.70. Responsibilities of Registrant--General.

(a) A registrant may not allow an employee or associate to perform property tax consulting services without first obtaining registration.

(b) A registrant shall list the following information on all written contracts: “Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints.”

(c) All registrants shall report any change of address to the department within 30 days after the change.

(d) Individuals who are registered under Texas Occupations Code, §1152.158 may not perform property tax consulting services for compensation in connection with a property that is not real property.

(e) A registered property tax consultant must be either:

(1) employed by or have an association with a registered senior property tax consultant and be under the direct supervision of the senior property tax consultant, and there [. There] must be a legitimate employee/employer relationship or business association established; or [.]

(2) employed by or associated with and acting for an attorney who is licensed to practice law in this state and who has successfully completed the senior property tax consultant registration examination under §66.22.

(f) The requirements of subsection (e) of this section do [This requirement does] not apply to a real estate property tax consultant.

(g) [(f)] A registered property tax consultant shall notify the department in writing of any change in employment or association within 30 days after the change.

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Filed with the Office of the Secretary of State, on June 11, 2007.
William H. Kuntz, Jr., Executive Director
Texas Department of Licensing and Regulation

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