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Texas Register Preamble


The Texas Appraiser Licensing and Certification Board (TALCB) adopts 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, without changes to the proposed text as published in the May 30, 2014, issue of the Texas Register (39 TexReg 4083).

The amendments are made following a comprehensive rule review of Chapter 153 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 amendments capitalize the term "Board" and replace the term "licensee" with "license holder" throughout the chapter. The amendments also remove redundant or unused provisions and restructure certain rules to improve readability. Other specific amendments are as follows:

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The amendments to §153.8 remove an outdated subsection relating to provisional license, which are no longer issued by the TALCB.

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

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

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

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

The 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 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.

The reasoned justification for the amendments is to align the rules with current TALCB practices and procedures, to simplify and clarify where needed, and to improve consistency and readability

No comments were received on the amendments as proposed.

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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