(a)Appraisers are bound by the Competency Rule and all other provisions of the USPAP in effect at the time of the appraisal. (b)[(a)] Certified General Real Estate Appraisers[:] [(1)]may appraise of all types of real property without regard to transaction value or complexity.[ ; and] [(2)are bound by the Competency Rule and all other provisions of the Uniform Standards of Professional Appraisal Practice (USPAP) in effect at the time of the appraisal.] (c)[(b)] 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.[; and] [(5)are bound by the Competency Rule and all other provisions of the USPAP in effect at the time of the appraisal.] (d)[(c)] 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 $250,000; (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.[; and] [(5)are bound by the Competency Rule and all other provisions of the USPAP in effect at the time of the appraisal.] (e)[(d)] Provisional Licensed Real Estate Appraisers[:] [(1)]may appraise the same types of properties as a State Licensed Real Estate Appraiser.[; and] [(2)are bound by the Competency Rule and all other provisions of the USPAP in effect at the time of the appraisal.] (f)[(e)] Appraiser Trainees: (1)may appraise those properties, under the active, personal and diligent supervision of their sponsoring certified appraiser, which the supervising certified appraiser sponsor is permitted to appraise; and (2)may perform appraisal or appraiser services under the active, personal and diligent supervision of an authorized supervisor as detailed in §153.21 of this title (relating to Appraiser Trainees and Sponsors).[; and] [(3)shall be subject to the USPAP in effect at the time of the appraisal.] (g)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 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 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.
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 May 25, 2010
TRD-201002922 Devon V.
Bijansky
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: July 11, 2010
For further information, please call: (512) 465-3938
|
