The Texas Appraiser Licensing and Certification Board (TALCB) proposes an amendment to §157.17 regarding Final Decisions and Orders. The proposed amendments would require Board members to recuse themselves from all participation in any matters about which a real or perceived conflict of interest exists.

Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the amendments are in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the amendments. There is no anticipated impact on local or state employment as a result of implementing the amendments. There is no anticipated impact on small businesses or micro-businesses as a result of implementing the proposed amendments. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

Ms. Bijansky has also determined that the anticipated public benefit as a result of these amendments is that Board members serving on a Peer Investigative Committee pursuant to Texas Occupations Code §1103.453 may participate in the investigation of files assigned to the Committee without violating Tex. Govt. Code §2001.061 regarding ex parte communications, thereby enhancing the efficiency of the Board's complaint review processes. The public will also be assured of impartial decision-making by the Board because members will not participate in decision-making regarding issues about which they have a conflict of interest.

Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission/Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.

The amendment is proposed under the Texas Occupations Code §1103.154, which authorizes the Texas Appraiser Licensing and Certification Board to adopt rules relating to professional conduct.

The statute affected by this proposal is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the proposed amendments.