The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §153.24, Complaint Processing.

The TALCB Enforcement Committee recommends the proposed amendments 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 protect a complainant's identity to the extent possible by excluding the complainant's identifying information when sending a complaint notice to a respondent; requiring TALCB to send periodic written notice of the status of a complaint to the complainant and each respondent until final resolution of the complaint; and authorizing TALCB to order refunds to consumers of appraisal services in certain limited circumstances. The proposed amendments also correct a typographical error and insert a missing space in subsection (m)(3) of this section, as amended.

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 units of local government as a result of enforcing or administering the proposed amendments. 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 amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, neither an Economic Impact statement nor a Regulatory Flexibility Analysis are required.

Ms. Worman has also determined that for each year of the first five years the proposed amendments and rules are in effect the public benefits anticipated as a result of enforcing the proposed amendments will be increased transparency and better guidance and information for license holders and the public about TALCB's investigative processes.

Growth Impact Statement:

For each year of the first five years the proposed amendments and rules are in effect the amendments 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 amendments are in effect, there is no anticipated impact on the state's economy.

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 SB 624 to implement Texas Occupations Code §§1103.163, .460(d-1), and .5526, which take effect on September 1, 2019, and require TALCB to send periodic written notice to complainants and respondents; protect the complainant's identity to the extent possible by excluding a complainant's identifying information in the notice of complaint sent to a respondent; and allow TALCB to order refunds to consumers of appraisal services in limited circumstances.

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