The Texas Appraiser Licensing and Certification Board proposes amendments to §§153.1, 153.5, 153.9, 153.11, 153.13, 153.15, 153.18, 153.20, 153.21, 153.25, and 153.27.

Section 153.1 amends the definition of a sponsor and adds a new definition for an authorized supervisor. Section 153.5 standardizes the application fee for certified or licensed applicants applying through reciprocity and changes the fee charged for a licensure history from $10 to $25. Section 153.9 eliminates language for a process not used requiring the Commissioner to review the application and make a recommendation on final action to the Board. Also, effective March 1, 2006, the term of an application for certification or licensure is limited to one year from the date the original application was submitted. Section 153.11 removes outdated text regarding the administration of examinations since the examination is provided by a contracted testing service. Section 153.13 incorporate the new educational requirements for certification and licensure so that they are consistent with the Appraiser Qualifications Board (AQB) Criteria. Establishes the minimum educational requirements that are consistent with the recommendations of the AQB Criteria for appraiser trainee applications received after February 28, 2006. Removes an outdated reference regarding an accreditation required for the acceptance of distance education courses. Clarifies when a current Board member or staff is able or eligible to teach or guest lecture in an TALCB approved qualifying or continuing education course that reflects a Texas Ethics Commission opinion. Section 153.15 changes the time frame to be no less than 12 months in which a state licensed appraiser can complete the 2,000 hours of appraisal experience for licensing as set forth in the AQB Criteria. Section 153.18 establishes new continuing education requirements for appraiser trainee applications received after February 28, 2006, as set forth by the recommended guidelines of AQB Criteria. Section 153.20 defines the statute of limitations regarding the time limit to be applied when litigation takes place. Section 153.21 defines the requirements that an applicant for appraiser trainee must satisfy, who is eligible to sponsor an appraiser trainee, and the relationship and responsibility of the sponsor or authorized supervisor with the appraiser trainee. Section 153.25 increases the term on a temporary practice registration from 60 days to six months in compliance with the Appraisal Subcommittee requirement. Section 153.27 sets the application fees for a non-resident applicant applying for certification or licensure to be equal to the fees paid by a Texas resident to become certified or licensed.

Wayne Thorburn, Commissioner, Texas Appraiser Licensing and Certification Board, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Thorburn also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of these amendments will improve the application process for applicants applying for a temporary non-resident registration or applying through reciprocity. Establishing criteria that is consistent with the Appraiser Qualifications Board for certification and licensure to ensure compliance with Federal mandates. There will be no effect on small businesses. The only cost to individuals required to comply with the proposed amendments is the fee increase for a license histories reflected in Section 153.5 Fees (a)(7).

Comments on the proposed amendments may be submitted to Wayne Thorburn, Commissioner, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under Sec.1103.151 Rules Relating to Certification and Licenses.

No other code, article, or statute is affected by this proposal.