The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §153.5, Fees. The proposed amendments would create a fee of $30 for prospective applicants for a license or certification who request an evaluation of their criminal history pursuant to House Bill 963 (81st Legislature), which created a process by which applicants for occupational licenses may seek a determination regarding their criminal history prior to filing an application for licensure. The proposed amendments would also increase licensing fees by $50/year, as follows: the fee to apply for or renew a (two-year) general certification will increase from $260 to $360, the fee to apply for or renew a (two-year) residential certification will increase from $210 to $310, the fee to apply for or renew a (two-year) license (including provisional licenses) will increase from $185 to $285, and the fee to apply for or renew a (one-year) appraiser trainee approval will increase from $105 to $155.

Karen Alexander, Staff Services Director, has determined that for the first five-year period the amendments to §153.5 are in effect there will be fiscal implications for the state, but not to units of local government as a result of enforcing or administering the amendments as proposed. The amendments would increase the certified general appraiser, certified residential appraiser, state licensed appraiser, provisional license, and trainee applications by $100 and renewals of same by $100 per two-year license.

Approximately 2,500 licensees and 360 applicants may be required to pay the increased fees in Fiscal Year (FY) 2010 and each year in the five-year period for total estimated revenue of 231,459 for FY 2010, and $277,750 per year for the remaining four years (FY 2011-2014).

Ms. Alexander has determined that there is no anticipated impact on local or state employment as a result of implementing the amendments. However, there is an anticipated impact on small businesses and micro-businesses. The Commission has approximately 5,000 licensed appraisers in Texas. It is estimated that nearly all of these entities are small businesses and many of them are micro-businesses. The projected economic impact of this rule amendment on these small businesses will be slightly negative due to the increased renewal and application fee. Under §2006.002, Texas Government Code, an agency is required to consider alternative regulatory methods only if the alternative methods would be consistent with the health, safety and environmental and economic welfare of the state. The TALCB has developed this proposed rule in accordance with a legislative mandate under contingent revenue riders for TALCB appropriations under Senate Bill 1, 81st Legislature, Regular Session (2009). Consequently, any variance from the legislative mandate would not be consistent with the health, safety, and environmental and economic welfare of the state, and no alternative regulatory methods have been considered.

Ms. Alexander also has determine that for each year of the first five years the amendments are effect the public benefit anticipated as a result of enforcing the amendments is that the agency will raise sufficient revenue to fund the items requested by the agency in its Legislative Appropriations request and granted under Senate Bill 1, 81st Legislature, Regular Session, 2009.

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

The amendments are proposed under the Texas Occupations Code, §1103.156, Fees.

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