The Texas Appraiser Licensing and Certification Board (board) proposes an amendment to §153.20(f), concerning covert investigations. The proposed amendment to §153.20(f) adds language to provide an exception to the prohibition against conducting covert investigations so that the rule will conform with recent amendments made to the Texas Government Code and Penal Code under H.B. 716 that help address mortgage fraud.

Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, has determined that, for the first five-year period §153.20(f) is in effect, there will be no fiscal implications for the state as a result of enforcing or administering §153.20(f) as amended. There are no fiscal implications anticipated for local government, and there is no anticipated impact on local or state employment as a result of implementing the amended section as proposed.

Mr. Beaulieu also has determined that, for each year of the first five years the proposed amendment is in effect, the anticipated public benefit as a result of this proposal is that the rule will conform to recent statutory changes made by the legislature with an eye towards investigating and prosecuting mortgage fraud. There will be no effect on small businesses, and there is no anticipated cost to persons who are required to comply with the amended section as proposed.

Comments on the proposed amendment may be submitted to Troy Beaulieu, attorney for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.

The amendment is 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.