The Texas Appraiser Licensing and Certification Board adopts amendments to §§153.1, 153.5, 153.7-153.10, 153.13, 153.15-153.22 and 153.25, concerning Provisions of the Texas Appraiser Licensing and Certification Act. Sections 153.1, 153.8, 153.13 and 153.18 are adopted with changes to the proposed text as published in the December 22, 2000, issue of the Texas Register (25 TexReg 12574). Sections 153.5, 153.7, 153.9, 153.10, 153.15-153.17, 153.19-153.22 and 153.25 are adopted without changes to the proposed text as published in the December 22, 2000, issue of the Texas Register (25 TexReg 12574) and will not be republished.

Section 153.1--the words "this chapter" have been changed to "these rules" because the definitions from §151.1 and §153.1 have been combined. Section 153.1 has been updated to remove irrelevant wording and includes current information. Section 153.1 also includes new definitions for Complaining Witness, Contested Case, Day, License, Licensee, Licensing, Market Analysis, Party, Petitioner, Record, Respondent, Restricted use appraisal report and Summary appraisal report. In addition to the proposed changes, the definition for paragraph (18) "Day" is adopted with changes to include a capital A instead of a lower case a.

Section 153.5 combines old (a)(1) and (a)(2) to make the fees the same for original licensing and renewals, as they are for other categories. Section 153.5 also raises the renewal fee for the State License category from $100 to $125 and raises the application fee and renewal fees for appraiser trainees from $50 to $75 for a one year approval and includes a new fee of $150 for temporary non-resident appraisers. This includes a "free" 150 day extension for temporary non-resident appraisers in "federally related transactions".

Section 153.7 removes the unnecessary hyphens between "state" and "certified".

Section 153.8 contains general "clean up" to remove unnecessary language and to update the rule. Section 153.8(b) and (c) contain a new paragraph (4) which would allow a residential certified appraiser to appraise non-residential properties (for the purpose of gaining experience). Section 153.8(e)(1) contains new language that reinforces the "active, personal and diligent supervision" by sponsors for appraiser trainees (as found in §153.20(a)(12)). In addition to the proposed changes, subsections (b)(4) and (c)(4) have been adopted with changes to reflect the correct title, "state certified general real estate appraiser " rather than a general certified real estate appraiser.

Section 153.9 contains a new subsection (a)(5) which "satisfies all unresolved enforcement matters and requirements with the board". Section 153.9(b)(1)-(9) removes all specific TALCB form numbers. Section 153.9(b) contains a new paragraph (10)--Extension of Non-Resident Temporary Practice Registration form. Section 153.9(e) adds non-resident temporary practice to the list. Section 153.9 contains a new subsection (f) which strengthens the language regarding denial of licensure. Section 153.9 contains a new subsection (h) regarding current operational policy.

Section 153.10(a) adds "approved", "approval" and registered to better reflect "approved appraiser trainee" classification. Section 153.10(b) adds "approval" and "registration".

Section 153.13 has been "cleaned up" to allow he rules to be clear and concise and to conform the language to AQB criteria. Section 153.13(m)(4) allows an "equivalent" USPAP course, as determined by the AQB to be acceptable and conforms to AQB policy. In addition to the proposed changes, subsection (e)(3) has been adopted with changes to add the closing parenthesis to "(relating to distance education)"

Section 153.15 updates the rule throughout to make certain that only "real estate" appraisal counts for experience. Section 153.15(d)(8) conforms to AQB criteria and removes unnecessary stop-gap language. Teaching has not been acceptable for meeting the experience requirements for the TALCB since January 1, 1998. Section 153.15(f)(4) is new and necessary to reduce confusion.

Section 153.16(a) puts the responsibility on the appraiser trainee applicant to really try to find a sponsor.

Section 153.17(a) contains the terms for appraiser trainee. Section 153.17(b) reinforces licensee's responsibility to renew in time. Section 153.17(g) is broken down to paragraphs (1)-(3) for clearer understanding.

Section 153.18(b) changes "authorization" to "approval". Paragraphs (1) and (2) have been reworded to reduce confusion. Paragraph (3) has been deleted to remove unnecessary language. Section 153.18(d)(2)(B) conforms the paragraph with §14(b) of the Act. Section 153.18(d)(2)(F)(ii) adds "or its successor". Section 153.18(d)(2)(H)(iv) allows the national USPAP Update course (when developed), or its equivalent as determined by the AQB, as an alternative. In addition to the proposed changes, subsection (d)(2)(F)(ii) is adopted with changes to include a comma after the word, "successor".

Section 153.19 has updated the section title to "Criminal Histories" rather than "Criminal Backgrounds".

Section 153.20(a)(3) is new and contains "failing to comply with USPAP" as a reason for disciplinary action. Section 153.20(a)(12) has been updated for trainees and non-resident temporary practice. Section 153.20(18) is a new paragraph and reinforces prohibition of misrepresentation of type or number of license. Section 153.20 adds a new subsection (c) and specifies what is current practice.

Section 153.21 adds "and Sponsors" to the section heading since the chapter deals with both appraiser trainees and their sponsors. Section 153.21(a) deletes hyphens between "appraiser" and "trainee". Also §153.21(a) helps tighten up the sponsor/trainee relationship by adding "active personal and diligent". Section 153.21(a)(1) updates the rule because an experience log is required for Appraiser Trainees and Provisional Licensees to renew. Section 153.21(d) changes the word "and" to "or". Section 153.21 contains new subsections (f), (g) and (h) which require sponsor and trainee to be Texas residents, contact the appraiser trainee through the sponsor's address and to make sure that an appraiser trainee does not misrepresent his/her level, and to alert the user of the appraisal service that a trainee and not a certified licensed appraiser prepared the report.

Section 153.22(a) updates the subsection to be clear and concise.

Section 153.25(d)(3) updates the rule to allow fax forms to qualify and also deletes unnecessary language.

No comments were received regarding adoption of the rules.

The amendments are adopted under the Powers and Duties of the Board, Texas Appraiser Licensing and Certification Act, §5, (a) (1), (2), (3), and (7) (Texas Civil Statutes, Article 6573a.2), and §14(c), Certificate and License Renewal.