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(a)For purposes of this section, "identity theft"
shall mean any of the following activities occurring in connection
with the rendition of real estate appraisal services:
(1)Unlawfully obtaining, possessing, transferring
or using a license issued by the Board; and/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 themselves from identity theft.
(c)A license holder shall notify the Board if he or
she is the victim of identity theft within 90 days of discovering
such theft. Notice shall be effectuated 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 person the Board determines is a victim of identity
theft. Any person seeking the invalidation of a current license issuance
of a new one shall 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 person is a victim
of identity theft. Without limiting the type of evidence a person
may submit to the Board, a court order issued in accordance with Texas
Business and Commerce Code Chapter 521, Subchapter C, declaring that
the person is a victim of identity theft shall constitute credible
evidence. Any such court order must relate to identity theft as defined
in this section.
(e)Engaging in identity theft in order to perform
appraisals constitutes a violation of §153.20(a)(7), (19), and
(21) of this title. In addition to any action taken by the Board,
persons engaging in identity theft may also be referred to the appropriate
law enforcement agency for criminal prosecution.
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
TRD-202203143 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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