The Texas Appraiser Licensing and Certification Board adopts amendments to §153.1 Definitions, §153.5 Fees, §153.9 Applications, §153.11 Examinations, §153.13 Educational Requirements, §153. 20 Guidelines for Revocation, Suspension or Denial of Licensure or Certification, §153.25 Temporary Non-Resident Registration, and §153.27 Certification and Licensure by Reciprocity without changes to the proposed text as published in the September 30, 2005, issue of the Texas Register (30 TexReg 6170) and will not be republished.

The adopted amendment to Section 153.1 defines the terms sponsor and authorized supervisor. Section 153.5 adopted amendments set the same application fee for certified or licensed applicants regardless of method of application and increases the licensure history fee to $25. Section 153.9 adopted amendments eliminate obsolete language regarding application processing. Also, effective March 1, 2006, applications for certification, licensure and appraiser trainee will expire one year from the date the original application is submitted. Section 153.11 adopted amendment removes outdated text regarding services now provided by the contracted testing service. Section 153.13 adopted amendments incorporate the new educational requirements for certification and licensure that are consistent with the Appraiser Qualifications Board (AQB) Criteria. Also, for appraiser trainee applications received after February 28, 2006, the minimum educational requirements for appraiser trainees are set to be consistent with the recommendations of the AQB Criteria. Clarification is provided 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. Section 153.20 adopted amendment defines the statute of limitation in which the Board may investigate a complaint submitted to the Board. Section 153.25 adopted amendment increases the term of the temporary practice registration to six months, in compliance with the Appraisal Subcommittee's requirement. Section 153.27 adopted amendment sets the application fee for a non-resident applicant applying for certification or licensure to be equal to the fee paid by a Texas resident to become certified or licensed.

The Texas Appraiser Licensing and Certification Board adopts amendments to §153.18 Appraiser Continuing Education, with changes to the proposed text as published in the September 30, 2005, issue of the Texas Register (30 TexReg 6170) and will be republished.

Section 153.18 adopts amendments reflecting the new continuing education requirements for appraiser trainee applications received after February 28, 2006, that are consistent with the recommended guidelines of AQB Criteria.

The Board tabled adoption of proposed amendments to §153.15 Experience Required for Certification or Licensing and §153.21 Appraiser Trainees and Sponsors as published in the September 30, 2005, issue of the Texas Register (30 TexReg 6137) until the February 10, 2006, Board meeting.

Three written comments were received. The Foundation Appraiser Coalition of Texas (FACT) wrote in support of proposed rules with the exception for §153.15, §153.18 and §153.21.

The Board accepted FACT's recommended rewording to the posted amendment §153.18 which will be republished. FACT's comment regarding §153.15 indicated that the provision limits experience to "1,000 hours of credit each year" and implies that a minimum of two years would be required to obtain the 2,000 hours of experience necessary for a state real estate appraiser license. The Board tabled action on §153.15 and §153.21 until the February 10, 2006, Board meeting. One comment was received from the Appraisal Foundation regarding §153.18 clarifying the Appraiser Qualifications Board effective date for appraiser trainee's continuing education.

The amendments are adopted 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.