Texas Register

TITLE 22 EXAMINING BOARDS
PART 8TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
RULE §153.8Scope of Practice
ISSUE 05/20/2022
ACTION Proposed
Preamble Texas Admin Code Rule

(a)License holders are bound by the USPAP edition in effect at the time of the appraisal.

(b)Certified General Real Estate Appraisers may appraise all types of real property without regard to transaction value or complexity.

(c)Certified Residential Real Estate Appraisers:

  (1)may appraise one-to-four residential units without regard to transaction value or complexity;

  (2)may appraise vacant or unimproved land for which the highest and best use is for one-to-four family purposes;

  (3)may not appraise subdivisions; and

  (4)may associate with a state certified general real estate appraiser, who shall sign the appraisal report, to appraise non-residential properties.

(d)State Licensed Real Estate Appraisers:

  (1)may appraise non-complex one-to-four residential units having a transaction value less than $1 million and complex one-to-four residential units having a transaction value less than $400,000;

  (2)may appraise vacant or unimproved land for which the highest and best use is for one-to-four [one to four] unit residential purposes;

  (3)may not appraise subdivisions; and

  (4)may associate with a state certified general real estate appraiser, who shall sign the appraisal report, to appraise non-residential properties.

(e)Appraiser Trainees may appraise those properties, under the active, personal and diligent supervision of their sponsoring appraiser, which the sponsoring appraiser is permitted to appraise.

(f)If an appraiser or appraiser trainee is a person with a disability (as defined in the Americans with Disabilities Act or regulations promulgated thereunder), an unlicensed assistant may perform certain services normally requiring a license for or on behalf of the appraiser or appraiser trainee, provided that:

  (1)the services performed by the assistant do not include appraisal analysis;

  (2)the assistant only provides such services as would constitute a reasonable accommodation;

  (3)the assistant is under the direct control of the appraiser or appraiser trainee;

  (4)the appraiser or appraiser trainee is as close in physical proximity as is practical to the activity;

  (5)the assistant is not represented as being or having the authority to act as an appraiser or appraiser trainee; and

  (6)if the assistant provides significant assistance, the appraisal report includes the name of the assistant.

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 May 6, 2022

TRD-202201807

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: June 19, 2022

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



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