Adopted Rules Title 16

TITLE 16. ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 66. REGISTRATION OF PROPERTY TAX CONSULTANTS

The Texas Commission of Licensing and Regulation ("Commission") adopts amendments to existing rules at 16 Texas Administrative Code, ("TAC") §§66.10, 66.20, 66.23, 66.25, 66.70, and 66.90; and the repeal of §66.61 regarding the property tax consultants program as published in the April 13, 2007, issue of the Texas Register (32 TexReg 2083), without changes from the rule as proposed and will not be republished.

The adopted rules are mostly non-substantive, clean-up changes, such as updating legal citations and other references, deleting redundant provisions, and rearranging provisions for better organization. In addition to those non-substantive changes, the rule adoption adjusts the continuing education requirements for registered property tax consultants. The adoption also requires that registrants provide the Department's contact information for consumers on all written contracts.

In §66.10 the definition of "cheating" is deleted because the Department now has a comprehensive examination cheating rule in 16 TAC §60.63, which applies to all Department programs including property tax consultants. The definition of "professional designation" is changed to refer to the Institute for Professionals in Taxation, which is the current name for that organization. The definition of "real estate property tax consultant" is updated to make the definition consistent with how the term is used in the rules. The definition now expressly includes real estate brokers, salespersons, and appraisers who are registered under Texas Occupations Code, §1152.155(b). Language is removed that does not apply to all real estate property tax consultants.

The amendments to §66.20 delete provisions that are covered in statute or elsewhere in the Department's rules and the examination passing score provision is moved from §66.61, which is being repealed. The heading of §66.23 and subsection (a) are reworded to be more consistent with the language of Chapter 51, Occupations Code, which is the Department's statutory authority for issuing licenses by endorsement.

In §66.25, the breakdown of continuing education hours in subsection (b) is changed to require an additional one hour of instruction in property tax consultant law and rules and one less hour of instruction in general property tax consultant topics. To be more consistent with the statute, subsection (b) clarifies that the breakdown of hours does not apply to real estate courses that the Department is required to recognize for continuing education credit. For this same reason, the last sentence in subsection (g) is deleted. Language is added to subsection (d) to clarify that a registrant may not receive credit for attending the same course more than once during the one-year period for which the course is approved.

Section 66.61 is repealed. The examination cheating provision is deleted because this matter is addressed in 16 TAC §60.63. Section 66.70(b) is updated with specific Department contact information that a registrant must provide to consumers on all written contracts. The option to post the Department information on a sign at the registrant's place of business is deleted. The Department believes that providing the Department's contact information in all contracts will be more beneficial to consumers because a consumer may not actually visit a registrant's place of business. In §66.90 an unnecessary rule reference is deleted.

The Council recommended these rule changes at their meeting held March 2, 2007. The proposed amendments and repeal were published in the Texas Register on April 13, 2007. The comment period closed on May 14, 2007. No public comments were received.

16 TAC §§66.10, 66.20, 66.23, 66.25, 66.70, 66.90

The amendments 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.

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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 11, 2007.

TRD-200702367

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: July 1, 2007

Proposal publication date: April 13, 2007

For further information, please call: (512) 463-7348

16 TAC §66.61

The repeal is adopted under Texas Occupations Code, Chapter 1152 and Chapter 51 which authorize the Commission to adopt rules as necessary to implement those chapters and any other law establishing a program regulated by the Department.

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