The Texas Appraiser Licensing and Certification Board (TALCB) adopts on an emergency basis amendments to 22 TAC §153.1, Definitions; §153.5, Fees; §153.16, Provisional License; §153.17, Renewal or Extension of Certification and License or Renewal of Trainee Approval; and §153.27, Certification and Licensure by Reciprocity.

The amendments are adopted on an emergency basis to resolve conflicts between the agency's rules and new provisions of the Appraiser Licensing and Certification Act (Chapter 1103, Texas Occupations Code), as amended by House Bill 2375, which became immediately effective when it was signed into law on May 27, 2011. An urgent public necessity requires emergency action to resolve conflicts between existing rules and new statutory provisions, as follows: (1) Section 153.1 is being amended because subsection (a)(44), the definition of "Provisional License," includes references to §1103.208 of the Texas Occupations Code, the repeal of which abolished the provisional license category (although current provisional licensees may continue to hold such licenses until expiration), and §153.16, which is being amended herein in accordance with the repeal of Texas Occupations Code §1103.208. (2) Section 153.5 is being amended because subsection (a)(10) currently provides for renewal fees of double the usual renewal fee to renew a certification or license more than 90 days but less than one year after expiration, while new Texas Occupations Code §1103.2111 only requires payment of double the usual fee to renew more than 90 days but less than six months after expiration. (3) Section 153.16 is being amended to repeal provisions regarding application for a provisional license (as discussed above). (4) Section 153.17 is being amended to delete references to renewal of a provisional license. (5) Section 153.27 is being amended to delete a reference to certification or licensure only for appraisers from states that have entered into reciprocal agreements with Texas, as Chapter 1103 now requires, based on a requirement of the Dodd-Frank Wall Street Reform and Consumer Protection Act, that the TALCB honor reciprocity with appraisers from all states that are in good standing with the Appraiser Subcommittee.

The amendments are adopted on an emergency basis under Texas Occupations Code, §1103.151, which authorizes the TALCB to adopt rules relating to certificates and licenses, §1103.152, which authorizes the TALCB to adopt rules relating to appraiser certificate and license categories, and §1103.156, which authorizes the TALCB to adopt reasonable fees to administer the chapter.

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