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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 certification, license, authorization or registration issued by the board; and/or (2)Unlawfully obtaining, possessing, transferring or using a person's electronic or handwritten signature. (b)A person holding a certification, license, authorization or registration issued by the board shall implement and maintain reasonable procedures to protect and safeguard themselves from identity theft. (c)A person holding a certification, license, authorization or registration shall notify the board if they are 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 certification, license, authorization or registration 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 certification, license, authorization or registration and issuance of a new one shall submit a written, signed request on a form provided by the board for the invalidation of a current certification, license, approval, authorization or registration 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 a person is not legally permitted to perform constitutes a violation of §153.20(a)(7), (20), and (22) of this title (relating to Guidelines for Revocation, Suspension, Denial of Licensure or Certification; Probationary Licensure). 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.
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 August 22, 2011
TRD-201103380 Devon V. Bijansky
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 2, 2011
For further information, please call: (512) 936-3652
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