The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §153.23, regarding Inactive Certificate or License. The proposed amendments serve two purposes: (1) to require inactive appraisers who wish to return to active status to complete all education that would have been required had the license been on active status, rather than only the education that was not completed during the last two-year period, as required by the federal Appraiser Qualification Board (AQB); and (2) to correct a non-substantive typographical error in subsection (b) that was introduced when the section was adopted in 2003.

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 will be an adverse impact on a very small number of appraisers (many of whom are organized as small businesses or micro-businesses), as appraisers who wish to return to active status after more than two years on inactive status will have to take more than the 28 hours of continuing education courses that would have been required under the current rule. The cost to take an additional 28 hours of coursework is estimated to be approximately $300 - $400. The alternative to this rule would be to leave the rule as it currently is or to require a smaller number of additional hours; however, doing so would cause the TALCB to be out of compliance with AQB requirements and could jeopardize the state's ability to license and certify appraisers. Accordingly, the cost to a very small number of appraisers, small businesses, and micro-businesses as a result of implementing the amendments is outweighed by the benefit to all appraisers and to the public of continued availability of appraisal services.

Ms. Bijansky has also determined that the anticipated public benefit as a result of these amendments is that the rule will conform with federal requirements as necessary to maintain TALCB's certification and ability to continue licensing and certifying appraisers.

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 amendments are proposed under the Texas Occupations Code §1103.151, which authorizes the Texas Appraiser Licensing and Certification Board to adopt rules relating to certificates and licenses.

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