The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §159.3, Appraisal Management Company Advisory Committee; §159.105, Denial of Registration or Renewal of Registration; §159.108, Renewal; and §159.155, Periodic Review of Appraisals. The amendments to §§159.3, 159.105, 159.108, and 159.155 are proposed following a comprehensive rule review for this Chapter to better reflect current TALCB procedures and to simplify and clarify where needed and to align the rules with changes to the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board (ASB).

The proposed amendments to §159.3 align the rule with Texas Occupations Code §1103.159; clarify that a quorum of the AMC Advisory Committee is three members; and renew the AMC Advisory Committee through September 1, 2022, to coincide with the agency's next quadrennial rule review. The proposed amendments to §159.105 and §159.108 align these rules with other TALCB rules and processes for license or registration renewals. The proposed amendments to §159.155 reduce the percentage of required periodic reviews from five to two percent of reviews performed by an AMC in a twelve-month period; conform the rule to changes to USPAP adopted by the ASB; and align the required scope of work to perform a periodic review to the requirements for performing an appraisal review in USPAP.

Kristen Worman, General Counsel, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the proposed amendments. There is no adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Worman has also determined that for each year of the first five years the amendments as proposed are in effect the public benefits anticipated as a result of enforcing the section as proposed will be requirements that are consistent with the statutes and the requirements under federal law and standards that are easier for license holders and the public to understand, apply and process.

Growth Impact Statement:

For each year of the first five years the proposed amendments are in effect the amendments will not:

--create or eliminate a government program;

--require the creation of new employee positions or the elimination of existing employee positions;

--require an increase or decrease in future legislative appropriations to the agency;

--require an increase or decrease in fees paid to the agency;

--create a new regulation;

--expand, limit or repeal an existing regulation; and

--increase or decrease the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed amendments are in effect, there is no anticipated impact on the state's economy as these amendments simplify the rules; conform the rules to existing requirements under state and federal law; and provide additional clarity for license holders and the public.

Comments on the proposed amendments may be submitted to Kristen Worman, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed to: general.counsel@talcb.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code §§1103.154, which authorizes TALCB to adopt rules as necessary to implement minimum written standards adopted by the ASB and USPAP; 1103.159, which authorizes TALCB to establish an advisory committee related to the regulation of AMCs; and 1104.051, which authorizes TALCB to adopt rules necessary to administer the provisions of Chapter 1104, Texas Occupations Code.

The statutes affected by these amendments are Chapters 1103 and 1104, Texas Occupations Code. No other statute, code, or article is affected by the proposed amendments.