Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 159RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT
RULE §159.155Periodic Review of Appraisals
ISSUE 03/12/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A license holder must review the work of appraisers performing appraisal services on 1-4 family unit properties collateralizing mortgage obligations by performing a review in accordance with Standards 3 and 4 of USPAP of:

  (1)one of the first five appraisals performed for the license holder by each appraiser, prior to making a sixth assignment; and

  (2)a total of two percent, randomly selected, of the appraisals performed for the AMC for each twelve-month period following the date of the AMC's registration.

(b)Appraisal reviews performed pursuant to subsection (a)(1) of this section will be counted toward the calculation of two percent for the purposes of subsection (a)(2) of this section.

(c)An appraisal review pursuant to subsection (a)(1) of this section is not required if the first five appraisals by an appraiser were completed before the AMC was required by the AMC Act to be registered with the Board.

(d)An appraiser is qualified to perform an appraisal review within the meaning of §1104.153 of the AMC Act if the appraiser conducting the review:

  (1)is licensed or certified to act as an appraiser in Texas or another jurisdiction;

  (2)holds the appropriate credential to have performed the appraisal being reviewed; and

  (3)does not develop an opinion of value.

(e)To satisfy the requirements of the AMC Act and this rule, a license holder performing an appraisal review must perform a scope of work that is sufficient to ensure that methods, assumptions, data sources, and conclusions of the appraisal subject to review comply with USPAP. [develop a credible opinion about the completeness, accuracy, adequacy, relevance and reasonableness of the work under review and adhere to the following minimum scope of work:]

   [(1)research and consult the appropriate data sources for the work being reviewed to, at a minimum, validate the significant characteristics of the comparables and the essential elements of the transactions including:]

    [(A)the multiple listing service(s) or other recognized methods, techniques and data sources for the geographic area in which the work under review was performed, if the work under review included a sales comparison approach; and]

    [(B)the sales or listing history of the property which is the subject of the work under review, if that property was sold within the three years prior to the effective date of the work under review or listed for sale as of the effective date of the work under review;]

   [(2)provide a certification that complies with Standard 4 of USPAP.]

(f)If the reviewer elects to develop an opinion of value or review opinion, the review must comply with the additional provisions of Standards 3 and 4 of USPAP governing the development of an opinion of value or review opinion.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2021

TRD-202100825

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: April 11, 2021

For further information, please call: (512) 936-3652



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