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 §153.13Educational Requirements
ISSUE 09/30/2005
ACTION Proposed
Preamble Texas Admin Code Rule

(a)General Real Estate Appraiser Certification.

  (1)Applicants for General Real Estate Appraiser Certification whose application is received by the board prior to November 1, 2007 must have successfully completed 180 classroom hours in courses approved by the board which meet the requirements as set out in subsections (e)-(o) [ (d)-(n)] of this section.

  [(2)]Of these 180 classroom hours, at least 90 classroom hours must be in fundamental real estate appraisal courses specifically approved by the board, and at least 15 classroom hours must be in a class devoted to the Uniform Standards of Professional Appraisal Practice completed within two years prior to submission of the application. At least 30 classroom hours of the fundamental real estate appraisal course requirements must be in courses with emphasis on the appraisal of non-residential properties.

   (2)Applicants for General Real Estate Appraiser Certification whose application is received by the board after October 31, 2007 shall meet all educational requirements set forth by the Appraiser Qualifications Board.

(b)Residential Real Estate Appraiser Certification.

  (1)Applicants for Residential Real Estate Appraiser Certification whose application is received by the board prior to November 1, 2007 must have successfully completed 120 classroom hours in courses approved by the board which meet the requirements as set out on subsections (e)-(o) [ (d)-(n)] of this section.

  [(2)]Of these 120 classroom hours, at least 60 classroom hours must be in fundamental real estate appraisal courses specifically approved by the board, and at least 15 classroom hours must be in a class devoted to the Uniform Standards of Professional Appraisal Practice completed within two years prior to submission of the application.

   (2)Applicants for Residential Real Estate Appraiser Certification whose application is received by the board after October 31, 2007 shall meet all educational requirements set forth by the Appraiser Qualifications Board.

(c)Real Estate Appraiser License or Provisional License.

  (1)Applicants for a Real Estate Appraiser License or Provisional License whose application is received by the board prior to November 1, 2007 must have successfully completed 90 classroom hours in courses approved by the board which meet the requirements as set out in subsections (e)-(o) [(d)-(n)] of this section.

  [(2)]Of these 90 classroom hours, at least 40 classroom hours must be in fundamental real estate appraisal courses specifically approved by the board, and at least 15 classroom hours must be in a class devoted to the Uniform Standards of Professional Appraisal Practice completed within two years prior to submission of the application.

   (2)Applicants for Real Estate Appraiser License or Provisional License whose application is received by the board after October 31, 2007 shall meet all educational requirements set forth by the Appraiser Qualifications Board.

(d)Appraiser Trainee. Effective with all applications received by the board after February 28, 2006, an applicant for an authorization as an Appraiser Trainee must meet all educational requirements set forth in the guidelines recommended by the Appraiser Qualifications Board.

(e)[(d)] The board may accept a course of study to satisfy educational requirements for certification or licensing established by the Act or by this section if the board has approved the course and determined it to be a course related to real estate appraisal.

(f)[(e)] The board may approve courses submitted or to be submitted by applicants for appraiser certification upon a determination of the board that:

  (1)the subject matter of the course was appraisal related; provided that core real estate courses set forth in Texas Civil Statutes, Article 6573a, §7(a)(1) and (2) shall be deemed appraisal-related;

  (2)the course was offered by an accredited college or university, a school accredited by a real estate or appraiser certification or licensing agency of this or another state, a professional trade association, or a service-related school such as the United States Armed Forces Institute; or the course was offered or approved by a federal agency or commission or by an agency of this state;

  (3)the applicant obtained credit received in a classroom presentation the hours of instruction for which credit was given and successfully completed a final examination for course credit except as specified in subsection (l) [(k)] of this section (relating to distance education); and

  (4)the course was at least 15 classroom hours in duration, which includes time devoted to examinations which are considered to be part of the course.

(g)[(f)] For the purposes of this section, a professional trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting the common interest of its members.

(h)[(g)] The board may require an applicant to furnish materials such as course outlines, syllabi, course descriptions or official transcripts to verify course content or credit.

(i)[(h)] Course providers may obtain prior approval of a course by filing forms prescribed by the board and submitting the following items listed in paragraphs (1)-(4) [(3)] of this subsection to the board:

  (1)a copy of any textbook, course outline, syllabus, or other written material used in the course;

  (2)a copy of the question and answers to the written final examination, with an answer key or the correct answers indicated; and

  (3)sample course completion certificate or other evidence of successful completion of the course; and

  (4)such prior approval of courses will remain in effect for a period of two years after the date of approval.

(j)[(i)] The board shall accept classroom hour units of instruction as shown on the transcript or other document evidencing course credit if the transcript reflects the actual hours of instruction the student received. Fifteen classroom hours of credit may be awarded for one semester hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for one quarter hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for each continuing education credit from an acceptable provider. The board may not accept courses repeated within three years of the original offering unless the subject matter has changed significantly.

(k)[(j)] Teachers of appraisal courses may receive credit for meeting the educational classroom hours requirement. Teaching of appraisal courses is not acceptable for meeting the experience requirement. Applicants must provide documentation as requested by the board to establish credit for teaching appraisal courses. Education credit for teaching a particular course may be claimed only once in each three year period.

(l)[(k)] Distance education courses may be acceptable to meet the classroom hour requirement, or its equivalent, provided that the course is approved by the board and meets one of the following conditions listed in paragraphs (1)-(3) of this subsection.

  (1) - (3)(No change.)

(m)[(l)] "In-house" education and training is not acceptable for meeting the educational requirements for certification or licensure.

(n)[(m)] To be acceptable for meeting the Uniform Standards of Professional Appraisal Practice (USPAP) educational requirement, a course must:

  (1) - (4)(No change.)

(o)[(n)] Courses specifically approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation, provided that the educational provider has notified the board of the AQB approval.

(p)Neither current members of the Texas Appraiser Licensing and Certification Board nor those board staff engaged in the approval of courses or educational qualifications of applicants, certificate holders or licensees shall be eligible to teach or guest lecture as part of an approved appraiser qualifying or continuing education course.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 16, 2005

TRD-200504105

Wayne Thorburn

Commissioner

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: October 30, 2005

For further information, please call: (512) 465-3950



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