Texas Register

RULE §153.9Applications
ISSUE 09/02/2022
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)A person desiring to be licensed as an appraiser or appraiser trainee shall file an application using forms prescribed by the Board or the Board's online application system, if available. The Board may decline to accept for filing an application that is materially incomplete or that is not accompanied by the appropriate fee. Except as provided by the Act, the Board may not grant a license to an applicant who has not:

  (1)paid the required fees;

  (2)submitted a complete and legible set of fingerprints as required in §153.12 of this title (relating to Criminal History Checks);

  (3)satisfied any experience and education requirements established by the Act, Board rules, and the AQB;

  (4)successfully completed any qualifying examination prescribed by the Board;

  (5)provided all supporting documentation or information requested by the Board in connection with the application;

  (6)satisfied all unresolved enforcement matters and requirements with the Board; and

  (7)met any additional or superseding requirements established by the Appraisal Qualifications Board.

(b)Termination of application. An application is subject to no further evaluation or processing if within one year from the date an application is filed, an applicant fails to satisfy:

  (1)a current education, experience or exam requirement; or

  (2)the fingerprint and criminal history check requirements in §153.12 of this title.

(c)A license is valid for the term for which it is issued by the Board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of §153.17 of this title (relating to License Renewal).

(d)The Board may deny a license to an applicant who fails to satisfy the Board as to the applicant's honesty, trustworthiness, and integrity.

(e)The Board may deny a license to an applicant who submits incomplete, false, or misleading information on the application or supporting documentation.

(f)When an application is denied by the Board, no subsequent application will be accepted within two years after the date of the Board's notice of denial as required in §157.7 of this title (Denial of a License, Renewal or Reinstatement; Adverse Action Against a License Holder).

(g)The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

  (1)"Military service member" means a person who is on current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.

  (2)"Military spouse" means a person who is married to a military service member.

  (3)"Veteran" means a person who has served as a military service member and who was discharged or released from active duty.

(h)This subsection applies to an applicant who is a military service member, veteran, or military spouse.

  (1)The Board will process an application under this subsection on an expedited basis.

  (2)If an applicant under this subsection holds a current license issued by another state or jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license issued in this state, the Board will:

    (A)Waive the license application and examination fees; and

    (B)Issue the license as soon as practicable after receipt of the application.

  (3)The Board may reinstate a license previously held by an applicant, if the applicant satisfies the requirements in §153.16 of this chapter (relating to License Reinstatement).

  (4)The Board may allow an applicant to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular license issued by the Board. For purposes of this subsection, the standard method of demonstrating competency is the specific examination, education, and/or experience required to obtain a particular license.

  (5)In lieu of the standard method(s) of demonstrating competency for a particular license and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Board:


    (B)continuing education;

    (C)examinations (written and/or practical);

    (D)letters of good standing;

    (E)letters of recommendation;

    (F)work experience; or

    (G)other methods required by the commissioner.

(i)This subsection applies to an applicant who is a military service member or veteran.

  (1)The Board will waive the license application and examination fees for an applicant under this subsection whose military service, training or education substantially meets all of the requirements for a license.

  (2)The Board will credit any verifiable military service, training or education obtained by an applicant that is relevant to a license toward the requirements of a license.

  (3)This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction.

  (4)The applicant must pass the qualifying examination, if any, for the type of license sought.

  (5)The Board will evaluate applications filed under this subsection consistent with the criteria adopted by the AQB and any exceptions to those criteria as authorized by the AQB.

(j)This subsection applies to an applicant who is a military spouse. The Board will waive the license application fee and issue a license by reciprocity to an applicant who wants to practice in Texas in accordance with 55.0041, Occupations Code, if:

  (1)the applicant submits:

    (A)an application to practice in Texas on a form approved by the Board;

    (B)proof of the applicant's Texas residency; and

    (C)a copy of the applicant's military identification card; and

  (2)the Board verifies that the military spouse is currently licensed and in good standing with the other state or jurisdiction.

(k)Except as otherwise provided in this section, a person applying for license under subsection (h), (i) or (j) of this section must also:

  (1)submit the Board's approved application form for the type of license sought;

  (2)pay the required fee for that application; and

  (3)submit the supplemental form approved by the Board applicable to subsection (h), (i) or (j) of this section.

(l)The commissioner may waive any prerequisite to obtaining a license for an applicant as allowed by the AQB.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 19, 2022


Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: September 8, 2022

Proposal publication date: May 20, 2022

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

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