The Texas Appraiser Licensing and Certification Board (TALCB) proposes an amendment to §153.23, concerning Inactive Status. The amendment is proposed to conform to and reconcile any discrepancies in Texas Occupations Code, §1103.2111 and §1103.213. Section 1103.2111 was amended effective May 27, 2011 to decrease the period of time an appraiser could renew late from one year to six months. Section 1103.213 allows the election of inactive status following expiration for a one-year period and was not amended (through oversight or otherwise) and is now in conflict with §1103.2111. The amendment reasonably implements both provisions and eliminates the discrepancy when renewing late following expiration on an active or inactive basis. It also corrects a previous mistake in the rule.

Kerri T. Galvin, General Counsel, has determined that for the first five-year period the proposed amendment is 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 section. There is no anticipated significant impact on small businesses, micro-businesses or local or state employment as a result of implementing the section. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendment.

Ms. Galvin also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be conformity with statutory provisions and even application of the law.

Comments on the proposal may be submitted to Kerri T. Galvin, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or to general.counsel@talcb.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendment is proposed under Texas Occupations Code, §1103.151, which authorizes TALCB to adopt rules necessary for certifying or licensing an appraiser; and Texas Occupations Code, §1103.213 and §1103.2111.

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