The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC Chapter 153, §§153.19 - 153.21, 153.23, 153.25, 153.27, 153.33, and 153.37, concerning Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act. The proposed amendments result from the Board's rule review process and reflect both substantive and non-substantive changes.

The proposed amendments to §153.19, Licensing and Certification for Persons with Criminal Histories, reflect non-substantive changes to provisions regarding licensure of persons with criminal histories, including those who request the Board to make a determination regarding their background before an application for licensure or certification is filed.

The proposed amendments to §153.20, Guidelines for Revocation, Suspension, or Denial of Licensure or Certification, would add a requirement that licensees notify the board within 30 days of disciplinary action against other occupational licenses they hold, delete provisions relating to mental illness, incorporate provisions of 22 TAC §153.22 relating to responding to requests for information from the board, restore certain provisions relating to conditions of probation under subsection (c), and add one additional condition of probation. The proposed amendments also include a non-substantive reorganization of certain provisions.

The proposed amendments to §153.21, Appraiser Trainees and Sponsors, would clarify the responsibilities of a trainee's sponsor or authorized supervisor, omit provisions relating to requirements for licensure that are duplicative of the Appraiser Licensing and Certification Act, delete language related to changes that became effective in 2006 and 2008, change "prescribed" to "approved" regarding forms to reflect the change from promulgated application forms to forms that are approved by the board, clarify the requirement for sponsors and authorized supervisors to diligently sponsor trainees, and make other non-substantive changes.

The proposed amendments to §153.23, Inactive Certificate or License, constitute a non-substantive rewrite of this section.

The proposed amendments to §153.25, Temporary Non-Resident Registration, would modify the terminology to refer to "temporary out-of-state registration" instead of "temporary non-resident registration" in accordance with the statutory language relating to temporary registration. The amendments would also change "prescribed" to "approved" regarding forms to reflect the change from promulgated application forms to forms that are approved by the board.

The proposed amendments to §153.27, Certification and Licensure by Reciprocity, would reorganize the section for readability and delete provisions that are duplicative of Texas Occupations Code §1103.209, Reciprocal Certificate or License.

The proposed amendments to §153.33, Signature or Endorsement of Appraisal, would reorganize the section for readability and delete provisions that are duplicative of Texas Occupations Code §1103.402, Signature or Endorsement on Appraisal.

The proposed amendments to §153.37, Offenses with Criminal, Civil, and Administrative Penalties, would delete provisions that are duplicative of Texas Occupations Code, Chapter 1103, including Subchapter L, Penalties and Other Enforcement Provisions, as well as a provision that is addressed in the Penal Code.

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 clarity, consistency, and efficiency in TALCB's licensing processes.

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.