|(a) For purposes of this subchapter, "identity theft"
means any of the following activities occurring in connection with
the rendition of appraisal management services:
(1) Unlawfully obtaining, possessing, transferring
or using a license or license number issued by the Board; or
(2) Unlawfully obtaining, possessing, transferring
or using a person's electronic or handwritten signature.
(b) A license holder shall implement and maintain reasonable
procedures to protect and safeguard the license holder against identity
(c) A license holder must notify the Board if the license
holder is the victim of identity theft within 90 days of discovering
such theft. Effective notice may be provided by filing a signed, written
complaint on a form prescribed by the Board.
(d) The Board may invalidate a current license and
issue a new one to a license holder the Board determines is a victim
of identity theft. Any license holder seeking the invalidation of
a current license and issuance of a new one must submit a written,
signed request on a form provided by the Board for the invalidation
of a current license and issuance of a new one. The basis for the
request must be identity theft, and the requestor must submit credible
evidence that the license holder is a victim of identity theft. Without
limiting the type of evidence a license holder may submit to the Board
to support a claim of identity theft, a court order issued in accordance
with Texas Business and Commerce Code Chapter 521, Subchapter C, declaring
the license holder is a victim of identity theft constitutes credible
evidence. Any such court order must relate to identity theft as defined
in this section.
(e) Engaging in identity theft to perform unauthorized
appraisal management services is a violation of this subchapter, which
may result in disciplinary action under §159.201. In addition
to any disciplinary action taken by the Board, persons engaging in
identity theft may also be referred to the appropriate law enforcement
agency for criminal prosecution.