The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.40, Approval of Continuing Education Providers and Courses, with changes to the proposed text as published in the December 6, 2019, issue of the Texas Register (44 TexReg 7481). The rule will be republished.

Section 153.40 sets forth the criteria for approving continuing education providers and courses. The amendments 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 amendments also define who is an "exempt provider"; substitute the term "renewal" for "subsequent approval"; define the term "severe weather"; and 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 amendments, a provider may reschedule certain continuing education courses 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.

The TALCB adopts the amendments with the following changes to the proposed text: In the renumbered subsection (a)(1) the words "or instructor" are removed, since the rule does not address approval of instructors; and in new subsection (b)(3) the word "an" is substituted for the word "a" to correct a grammatical error.

These changes as adopted do not change the nature or scope so much that the rule as adopted could be deemed a different rule. The rule as adopted does not affect individuals other than those contemplated by the rule as proposed. The rule as adopted does not impose more onerous requirements than the proposed rule.

No comments were received regarding adoption of the amendments.

The amendments are adopted 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.