Rule Review – Adoption Justification
Chapter 66. Registration of Property Tax Consultants

(effective March 1, 2011)

The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 66, Registration of Property Tax Consultants. The Notice of Intent to Review was published in the November 12, 2010, issue of the Texas Register (35 TexReg 10061). A subsequent notice was published in the December 10, 2010, issue of the Texas Register (35 TexReg 11077), which extended the public comment period until January 13, 2011.

Texas Government Code §2001.039 require state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Registration of Property Tax Consultants program under Texas Occupations Code, Chapter 1152, were scheduled for this four-year review.

The Department has reviewed these rules and has determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapter 1152, Registration of Property Tax Consultants. The Department received public comments in response to the Notice of Intent to Review from three (3) interested parties: Institute for Professionals in Taxation (IPT); Harris County Appraisal District; and an individual who is a registered property tax consultant.

One comment advocates changing the one-year renewal period to a two-year period. Another commenter is an education provider that advocates that education is the best means to ensure a high level of professional responsibility. The last commenter advocates changes to the code of ethics under 16 TAC §66.100. These comments will be taken under consideration as part of any possible rule changes in the future.

The Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC Chapter 66, Registration of Property Tax Consultants at its meeting on January 25, 2011, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 66, Registration of Property Tax Consultants.

Issued in Austin, Texas on March 1, 2011.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

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