The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §§153.13, 153.15, and 153.17. Amendments to these sections were originally proposed in the June 11, 2010, issue of the Texas Register (35 TexReg 4835) and were withdrawn in the September 17, 2010, issue of the Texas Register (35 TexReg 8493). The proposed amendments result from the Board's rule review process and reflect both substantive and non-substantive changes.

Proposed amendments to §153.13, Educational Requirements, eliminate provisions regarding changes that became effective on November 1, 2007, as all applicants are now subject to the new requirements, and clarify the Appraisal Qualifications Board (AQB) requirements regarding distance education courses. The proposed amendments also provide for current certified appraisers in good standing in other states to satisfy their education requirements for the same level of certification in Texas by virtue of the out-of-state certification. The amendments also introduce non-substantive changes to the section.

Proposed amendments to §153.15, Experience Required for Certification or Licensing, implement the federal requirement that the board audit the experience of 100% of applicants for certification. The proposed amendments also provide for current certified appraisers in good standing in other states to satisfy their experience requirements for the same level of certification in Texas by virtue of the out-of-state certification. The proposed amendments further clarify the experience audit process.

Proposed amendments to §153.17, Renewal or Extension of Certification and License or Renewal of Trainee Approval, consolidate the general renewal requirements into a new subsection (a) and clarify that a renewal is timely if it is complete and mailed or filed online by the expiration date. Further, the proposed amendments modify the process for reporting continuing education to the board, discontinuing the self-reporting system validated through random audits and instead requiring the licensee to complete an appraiser continuing education report form and submit certificates of course completion. The proposed amendments also clarify the process for reapplying for a license after expiration and make other non-substantive changes to improve readability.

Devon V. Bijansky, General Counsel, has determined that for the first five-year period the proposed 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 individuals, small businesses or micro-businesses as a result of implementing the amendments.

Ms. Bijansky has also determined that the anticipated public benefit as a result of these amendments is greater efficiency, clarity, and consistency in TALCB's licensing processes, as well as an enhanced ability to track licensees' continuing education.

Comments on the proposed amendments may be submitted to Devon V. Bijansky, General Counsel, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under the Texas Occupations Code, §1103.151, 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.