Texas Register Preamble
The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to 22 TAC §159.1, Definitions; §159.3, Appraisal Management Company Advisory Committee; §159.52, Fees; §159.102, Eligibility for Registration; Ownership; §159.103, Applications; §159.105, Denial of Registration or Renewal of Registration; §159.109, Inactive Status; §159.201, Guidelines for Revocation, Suspension, or Denial of License; and §159.204, Complaint Processing. The proposed amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect TALCB procedures and division names, and to simplify and clarify where needed.
More specifically, the proposed amendments to §159.3 extend the date for the AMC advisory committee to continue to exist to coincide with the next deadline to complete the quadrennial rule review.
The proposed amendments to §159.52 clarify the applicability of the online convenience fee required by the Department of Information Resources.
The proposed amendments to §159.102 and §159.105 more accurately reflect TALCB's process to verify ownership eligibility for AMC in accordance with the Appraisal Subcommittee Policy.
The proposed amendments to §159.109 remove references to an outdated fee.
The proposed amendments to §159.201 clarify the guidelines apply to disciplinary actions and are not limited to revocation, suspension or denial, correct a reference to the Texas Appraisal Management Company Registration and Regulation Act; specify who can sign an agreed order in lieu of the chair of the Board, should the chair not be available or need to recuse him or herself; and provide for the Commissioner to designate who may sign an agreed resolution on his or her behalf.
Kathleen Santos, 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, no Economic Impact statement or Regulatory Flexibility Analysis is required.
Ms. Santos 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 requirements that are consistent with statutes and easier to understand, apply, and process.
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 Kathleen Santos, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed to email@example.com. Comments may also be submitted electronically at https://www.talcb.texas.gov/agency-information/rules-and-laws/comment-on-proposed-rules. The deadline for comments is 30 days after publication in the Texas Register.
The amendments are proposed under Texas Occupations Code §1104.151, which authorizes TALCB to adopt rules necessary to administer the provisions of Chapter 1104, Texas Occupations Code.
The statute affected by these amendments is Chapter 1104, Texas Occupations Code. No other statute, code or article is affected by the proposed amendments.
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