The Texas Appraiser Licensing and Certification Board (TALCB) proposes new 22 TAC §157.50, Negotiated Rulemaking.

The TALCB Executive Committee recommends this proposed new section to implement statutory changes to Chapter 1103, Occupations Code, enacted by the 86th Legislature in SB 624 as part of TALCB's Sunset Review process, requiring TALCB to develop a policy to encourage the use of negotiated rulemaking. The proposed new section sets forth TALCB's policy for negotiated rulemaking.

Kristen Worman, General Counsel, has determined that for the first five-year period the proposed new section is in effect, there will be no fiscal implications for the state or units of local government as a result of enforcing or administering the proposed new section. There is no adverse economic impact anticipated for local or state employment, rural communities, small businesses, or micro businesses as a result of implementing the proposed new section. There is no significant economic cost anticipated for persons who are required to comply with the proposed new section. 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 proposed new section and rules are in effect the public benefits anticipated as a result of enforcing the proposed new section will be clarity and greater transparency for members of the public and license holders, as well as requirements that are consistent with the statute and easier to understand, apply, and process.

Growth Impact Statement:

For each year of the first five years the proposed new section and rules are in effect the new section and rules 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 the number of individuals subject to the rule's applicability.

For each year of the first five years the proposed new section is in effect, there is no anticipated impact on the state's economy as the proposed new section would simply provide additional guidance to license holders and the public about how TALCB prioritizes complaint investigations and the investigative process.

Comments on the proposed new section 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 new section is proposed under SB 624 to implement Texas Occupations Code §1103.162, which takes effect on September 1, 2019, and requires TALCB to develop and implement a policy to encourage the use of negotiated rulemaking.

The statutes affected by this proposed new section are Chapters 1103 and 1104, Texas Occupations Code. No other statute, code, or article is affected by the proposed new section.