The Texas Appraiser Licensing and Certification Board proposes amendments to §§153.1, 153.3, 153.7 - 153.9, 153.11, 153.15, 153.16, 153.19 - 153.22, 153.24, 153.27 and 153.37.

Section 153.1 amends the definition of an appraiser trainee to reflect the new language recently approved in §153.21 regarding authorized supervisors.

Sections 153 3, 153.7, 153.16, and 153.24, replace outdated statutory references with the correct statutory references.

Section 153.8 clarify the scope of work of an appraiser trainee to reflect the new language recently approved in §153.21 regarding authorized supervisors.

Section 153.9 clarify the language in the certification section of the application and update the application format style. An additional proposed amendment to §153.9 require the original signatures of the applicant and sponsor, and clarify that affidavits cannot be executed more than 30 days before receipt of an application.

Section 153.11 would limit the number of times an applicant is permitted to take an examination to four times during a twelve month period.

Section 153.15 clarify the rule regarding experience so it is consistent with the Appraiser Qualifications Board criteria and clarify that a log and affidavit are required with an application as mandated by the Appraisal Subcommittee. An additional proposed amendment to §153.15 adds language to the rule that provide a procedure for how appraisal experience audits shall be conducted by staff.

Section 153.19 clarify the grounds for which an applicant who has been convicted of an criminal offense may have an application denied or a license or certification revoked. The amendments also clarify the factors that should be considered when evaluating applicants or licensees with criminal records.

Section 153.20 clarify the type of conduct that could result in disciplinary action or denial of an application.

Section 153.21 clarify that the sponsoring certified appraiser, appraiser trainee and any authorized supervisor must reside in Texas and adds language for the adoption of the Notice of Designation of Authorized Supervisor form to facilitate the provisions of §153.21.

Section 153.22 clarify that applicants must comply with the board rules and statutory provisions related to their pending application.

Section 153.27 adds language to require a reciprocity applicant to reside in the state from which the applicant is basing their reciprocity application.

Section 153.37 adds language clarifying the process for referring criminal matters to the appropriate law enforcement agency.

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 anticipated public benefit as a result of these amendments is that they clarify and strengthen the application process, make them consistent with the Appraiser Qualifications Board Criteria for certified or licensed appraisers; provide protection to the consumer of real estate appraisal services, and replace antiquated language with up to date and clear language. There will be no effect on small businesses. There is no anticipated cost to persons who are required to comply with the section as proposed.

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 §1103.151, Rules Relating to Certification and Licenses and §1103.154, Rules Relating to Professional Conduct.

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