The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §153.40, Approval of Continuing Education Providers and Courses.

The TALCB Executive 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, allowing TALCB to deny a renewal application if a continuing education provider is in violation of a TALCB order.

The Executive Committee also recommends proposed amendments to allow continuing education providers to reschedule certain continuing education courses if a course must be cancelled due to circumstances beyond the provider's control, including severe weather or instructor illness. Under the proposed amendments, a provider may reschedule a course without incurring additional fees by providing notice of the new course date to TALCB and offering the course in the same manner originally approved by TALCB.

To remove barriers and provide greater clarity, the Executive Committee recommends proposed amendments to: (1) allow a unit of federal, state, or local government to offer continuing educations courses without becoming an approved education provider; and (2) substitute the term "renewal" for the phrase "subsequent approval."

Kristen Worman, General Counsel, has determined that for the first five-year period the proposed amendments are in effect, there will be lower costs to the state or units of local government as a result of enforcing or administering the proposed amendments because no fees will be incurred by units of state or local government to become an approved education provider. Ms. Worman has determined 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, 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 amendments and rules are in effect the public benefits anticipated as a result of enforcing the proposed amendments will be lower costs to education providers and units of federal, state, and local government, as well as increased transparency and better guidance and information for license holders and the public.

Growth Impact Statement:

For each year of the first five years the proposed amendments 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 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 will be a decrease in fees paid to the agency because units of federal, state and local government will not be required to become an approved education provider to offer continuing education courses for appraisers.

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 Occupations Code §1101.153, which allows TALCB to adopt rules relating to the requirements for approval of a provider or course of continuing education, and SB 624 to implement Texas Occupations Code §1103.214, which took effect on September 1, 2019, and allows TALCB to deny a license or renewal if an applicant is in violation of a Board order.

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.