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Texas Register Preamble


The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to §153.1, Definitions, with nonsubstantive changes to the text of the rule as published in the March 14, 2014, issue of the Texas Register (39 TexReg 1814). The amendments correct grammatical errors, clarify or remove outdated and redundant definitions, and better reflect the current qualification criteria of the Appraiser Qualifications Board (AQB).

The nonsubstantive changes were made based on comments received and analyzed by the TALCB Executive Committee, which includes the Chair, the Vice Chair and the Secretary of TALCB.

TALCB received one comment on the proposed amendments noting that certain definitions were no longer used by the AQB and were not referenced elsewhere in the TALCB's rules. The commenter proposed deleting unused definitions. The TALCB Executive Committee agreed with the commenter and, after a thorough review of TALCB rules, additional revisions were made to remove unused definitions and conform the remaining definitions to the current AQB criteria.

The differences between the rule as proposed and the rule as adopted are:

The following definitions were removed: "appraisal process," "authorized supervisor," "evaluation," "provisional license," "restricted use appraisal report," "review," "rule," "self-contained appraisal report," and "summary appraisal report." The following definitions were revised: "complainant," "nonresidential," and "sponsor or sponsoring appraiser." The definitions of "appraisal practice" and "appraisal report" were added, as well.

The revisions to the rule as adopted do not change the nature or scope so much that it could be deemed a different rule. The rule as adopted does not affect individuals other than those contemplated by the rule as proposed. The rule as adopted does not impose more onerous requirements than the proposed version and does not materially alter the issues raised in the proposed rule.

The amendments are adopted under Texas Occupations Code, §1103.151, which authorizes the TALCB to adopt rules relating to certificates and licenses, and §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the Appraiser Qualifications Board.

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



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