The Texas Appraiser Licensing and Certification Board (TALCB) adopts 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. Sections 153.19 - 153.21, 153.23, 153.25, and 153.37 are adopted without changes to the proposed text as published in the September 24, 2010, issue of the Texas Register (35 TexReg 8700). Section 153.27 and §153.33 are adopted with changes to the proposed text as published in the September 24, 2010, issue of the Texas Register (35 TexReg 8700). The changes to the adopted text that were not in the proposed text are as follows: In the first sentence of §153.27(a), the words "a valid reciprocity agreement with the board" were changed to read "reciprocity" to clarify that the Board will recognize a license or certification in another state as a basis for licensure or certification in Texas, in accordance with the federal Frank-Dodd Consumer Protection Act. Additionally, a nonsubstantive rewrite of §153.33 clarifies that certified and licensed appraisers are responsible for the totality of any report they sign. 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 efforts to clarify these provisions of the rules.

The amendments to §153.19, Licensing and Certification for Persons with Criminal Histories, reflect nonsubstantive 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 amendments to §153.20, Guidelines for Revocation, Suspension, or Denial of Licensure or Certification, 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 §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 amendments also include a nonsubstantive reorganization of certain provisions.

The amendments to §153.21, Appraiser Trainees and Sponsors, 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 nonsubstantive changes.

The amendments to §153.23, Inactive Certificate or License, constitute a nonsubstantive rewrite of this section.

The amendments to §153.25, Temporary Non-Resident Registration, 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 also change "prescribed" to "approved" regarding forms to reflect the change from promulgated application forms to forms that are approved by the board.

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

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

The amendments to §153.37, Offenses with Criminal, Civil, and Administrative Penalties, 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.

The reasoned justification for the amendments as adopted is greater clarity, consistency, and efficiency in TALCB's licensing processes.

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.