The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §153.1, Definitions; §153.8. Scope of Practice; §153.9, Applications; §153.10, Issuance of Certification, License, or Trainee Approval; §153.11, Examinations; §153.13, Education Required for Licensing; §153.15, Experience Required for Licensing; §153.16, License Reinstatement; §153.17, Renewal or Extension of License; §153.18, Appraiser Continuing Education (ACE); §153.20, Guidelines for Revocation, Suspension, Denial of License; Probationary License; §153.21, Appraiser Trainees and Supervisory Appraisers; §153.22, Voluntary Appraiser Trainee Experience Reviews; §153.24, Complaint Processing; §153.26, Identity Theft; and §153.27, License by Reciprocity.

The proposed amendments to §§153.10, 153.15, 153.16, 153.21, and 153.22 implement changes to the education and experience requirements criteria for obtaining an appraiser license adopted by the Appraiser Qualifications Board (AQB), effective May 1, 2018. The proposed amendments to §153.17 implement reporting changes to the National Registry for Appraisers as required by the AQB and the Appraisal Subcommittee under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), to accurately reflect the status of an appraiser's license when the appraiser requests an extension of time to complete required continuing education.

The amendments to §§153.1, 153.8, 153.9, 153.11, 153.13, 153.18, 153.20, 153.24, 153.26, and 153.27 are proposed following a comprehensive rule review for this Chapter to better reflect current TALCB procedures and to simplify and clarify where needed. The proposed amendments to §153.1 add the definition of "continuing education cycle" to align TALCB rules with continuing education requirements adopted by the AQB. The proposed amendments to §153.8 correct a typographical error. The proposed amendments to §153.9 clarify when an application terminates. The proposed amendments to §153.11 remove unnecessary language and clarify the process for exam administration and the requirements for exam admission. The proposed amendments to §153.13 remove unnecessary language and conform the language of this rule with that of other TALCB rules. The proposed amendments to §153.18 conform the language of this rule with the definition of "continuing education cycle" proposed for §153.1 and clarify the requirement to provide students with a paper or electronic copy of the current version of the Uniform Standards of Professional Appraisal Practice for certain continuing education courses. The proposed amendments to §153.20 clarify that an applicant who previously held a license that was revoked or surrendered in lieu of disciplinary action may not apply for reinstatement as permitted in §153.16. The proposed amendments to §153.24 clarify when a license holder is considered to have prior discipline and when a "minor deficiency" may be considered a "serious deficiency" for purposes of resolving a complaint. The proposed amendments to §153.26 remove unnecessary language. The proposed amendments to §153.27 conform the language of this rule with that of other TALCB rules.

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 adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Worman has also determined that for each year of the first five years the amendments as proposed are in effect the public benefits anticipated as a result of enforcing the amendments as proposed will be requirements that encourage more applicants to enter the appraisal profession, are consistent with state and federal law, and are easier to understand, apply and process.

Growth Impact Statement:

For each year of the first five years the proposed amendments are in effect the amendments will not:

• create or eliminate a government program;

• require the creation of new employee positions or the elimination of existing employee positions;

• require an increase or decrease in future legislative appropriations to the agency;

• require an increase or decrease in fees paid to the agency;

• create a new regulation;

• expand, limit or repeal an existing regulation; and

• increase or decrease the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed amendments are in effect, there will be a positive impact on the state's economy as the proposed amendments to §§153.10, 153.15, 153.16, 153.21, and 153.22 to implement changes adopted by the AQB will encourage persons to enter the appraisal profession. In addition, the proposed amendments to §§153.1, 153.8, 153.9, 153.11, 153.13, 153.17, 153.18, 153.20, 153.24, 153.26, and 153.27 will clarify or reduce the regulatory burden for license holders.

Comments on the proposed amendments 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 TALCB to adopt rules relating to certificates and licenses; §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the Appraiser Qualifications Board; and §1103.153, which authorizes TALCB to adopt rules relating to continuing education requirements for license holders.

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