The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §§153.13, 153.15, and 153.17, concerning Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act. Section 153.13 and §153.15 are adopted without changes to the proposed text as published in the September 24, 2010, issue of the Texas Register (35 TexReg 8695). Section 153.17 is adopted with changes to the proposed text as published in the September 24, 2010, issue of the Texas Register (35 TexReg 8695). The changes to the adopted text that were not in the proposed text are as follows: In §153.17(b)(2), the deadline to provide continuing education certificates in connection with a renewal is extended to 20 days from the date of renewal, and in §153.17(b)(2)(A) the 20-day deadline to provide any requested supplemental documentation, proposed to be deleted from the rule, was restored. The revision to the rules as adopted do not change the nature or scope so much that they could be deemed different rules. The rules as adopted do not affect individuals other than those contemplated by the rules as proposed. The rules as adopted do not impose more onerous requirements than the proposed version and do not materially alter the issues raised in the proposed rules. Changes in the adopted rules result from system limitations in the Board's new licensing database with regard to tracking continuing education.

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 amendments further 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.

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 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 amendments further clarify the experience audit process.

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 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 amendments also clarify the process for reapplying for a license after expiration and make other non-substantive changes to improve readability.

The reasoned justification for the amendments as adopted is greater efficiency, clarity, and consistency in TALCB's licensing processes, as well as an enhanced ability to track licensees' continuing education.

No comments were received regarding the amendments as proposed.

The amendments are adopted under the Texas Occupations Code, §1103.151, Rules Relating to Certificates and Licenses.

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