The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §153.3, The Board; §153.5, Fees; §153.8, Scope of Practice, §153.9, Applications; §153.10, Issuance of Certification, License, or Trainee Approval; §153.11, Examinations; §153.13, Educational Requirements; §153.15, Experience Required for Certification or Licensing; §153.17, Renewal or Extension of Certification and License or Renewal of Trainee Approval; §153.18, Appraiser Continuing Education (ACE); §153.19, Licensing and Certification for Persons with Criminal Histories; §153.20, Guidelines for Revocation, Suspension, Denial of Licensure or Certification; Probationary Licensure; §153.21, Appraiser Trainees and Sponsors; §153.23, Inactive Status; §153.24, Complaint Processing; §153.25, Temporary Out-of-State Appraiser Registration; §153.33, Signature or Endorsement of Appraisal; and §153.37, Criminal Matters Referred to Law Enforcement.

The proposed amendments are made following a comprehensive rule review for this chapter to better reflect current TALCB procedures, to conform TALCB rules with criteria established by the Appraiser Qualifications Board (AQB), and to simplify and clarify where needed.

The proposed amendments capitalize the term "Board" and replace the term "licensee" with "license holder" throughout the chapter. The proposed amendments also remove redundant or unused provisions and restructure certain rules to improve readability. Other specific amendments are as follows:

The proposed amendments to §153.3 clarify that the TALCB meetings are conducted in accordance with Robert's Rules of Order unless state law or TALCB rules require otherwise.

The proposed amendments to §153.8 remove an outdated subsection relating to provisional licenses, which are no longer issued by the TALCB.

The proposed amendments to §153.9 clarify the date on which an applicant may reapply after TALCB initially denies a license application. This amendment conforms §153.9 with the changes previously made to §157.7 relating to Denial of a License.

The proposed amendments to §153.11 clarify that an examination fee must be paid each time an examination is taken.

The proposed amendments to §153.17 clarify the deadlines and requirements for renewing a license or requesting an extension to renew a license.

The proposed amendments to §153.18 clarify the requirements for Appraiser Continuing Education.

The proposed amendments to §153.19 clarify the licensing requirements for persons with criminal history and remove redundant provisions to better align the rule with the requirements in Texas Occupations Code §53.022.

The proposed amendments to §153.21 clarify the obligations of a sponsoring appraiser.

The proposed amendments to §153.23 clarify when a license holder may request to be placed on inactive status and the requirements that must be satisfied for a license to return to active status.

The proposed amendments to §153.24 capitalize the terms "Complainant" and "Respondent" and restructure the text of the rule to clarify when a formal complaint is opened.

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

Ms. Worman also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be a requirement that is easier to understand, apply and process.

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

The amendments are proposed under Texas Occupations Code, §1103.151, which authorizes the Texas Appraiser Licensing and Certification Board 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 AQB.

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