The Texas Appraiser Licensing and Certification Board (TALCB or Board) proposes amendments to §153.25, Temporary Out-of-State Appraiser License. The proposed amendments clarify the requirements an applicant must satisfy when applying for a temporary out-of-state license.

The Legislature delegated authority to the Board to adopt rules requiring fingerprint-based criminal history checks. The Board appointed the Working Group in November 2015 to consider whether to implement fingerprint-based criminal history checks for appraisers to comply with criteria adopted by the Appraiser Qualifications Board (AQB).

The Working Group recognizes that applicants who apply for a temporary out-of-state license are appraisers who are already licensed in another jurisdiction with a regulatory program that is approved by the Appraisal Subcommittee (ASC). Because those regulatory programs are also subject to the same criminal history check criteria adopted by the Appraiser Qualifications Board (AQB), those jurisdictions also require applicants to undergo criminal history checks. The Working Group also recognizes that federal law prohibits the Board from imposing burdensome requirements for temporary practice and requires the Board to issue a temporary out-of-state license within five business days of receipt of a completed application. Accordingly, because applicants for a temporary out-of-state license are subject to criminal history checks in their original licensing jurisdiction and because subjecting applicants for a temporary out-of-state license would impose an unreasonable and burdensome delay in the Board's ability to process such applications, the Working Group does not recommend implementing fingerprint-based criminal history checks for these applicants.

The proposed amendments make clear that applicants for a temporary out-of-state registration must submit the Board-approved application form, pay the appropriate fee, and provide all supporting documentation or information requested by the Board; however, these applicants are not subject to the fingerprint requirements in §153.12.

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 proposed amendments. There is no anticipated significant impact on small businesses, micro-businesses or local or state employment as a result of implementing the proposed amendments. 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 section as proposed is in effect the public benefits anticipated as a result of enforcing the section as proposed will be clarity for applicants who apply for a temporary out-of-state license and a requirement that is consistent with state and federal law.

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, 1103.152, and 1103.2031, which authorize TALCB to: adopt rules relating to certificates and licenses; prescribe qualifications for appraisers that are consistent with the qualifications established by the AQB; and require applicants and current license holders to submit fingerprints for the purpose of obtaining criminal history record information.

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