The Texas Appraiser Licensing and Certification Board (TALCB) proposes new rules 22 TAC §153.24, Complaint Processing and §153.241, Sanctions Guidelines.

The two proposed new rules consist of the subdivision of the former §153.24, Complaint Processing into two separate rules. Section 153.241, Sanctions Guidelines was formerly subsection (o) of §153.24, Complaint Processing that outlined the Boards sanctions guidelines and factors taken into consideration for case disposition. Both rules are amended for renumbering and to reflect corresponding references to sections within the rule. However, the creation of the two rules amount to no substantive changes from the former §153.24.

Kathleen Santos, General Counsel, has determined that for the first five-year period the proposed new rules 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 new rules. 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 new rules. There is no significant economic cost anticipated for persons who are required to comply with the proposed new rules. 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 new rules are in effect the public benefits anticipated as a result of enforcing the proposed new rules 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 new rules are in effect the new 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 new rules are in effect, there is no anticipated impact on the state's economy.

Comments on the proposed new rules 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 general.counsel@talcb.texas.gov. 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 new rules are proposed under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules for certifying or licensing an appraiser or appraiser trainee and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.

The statute affected by these new rules is Chapter 1103, Texas Occupations Code. No other statute, code or article is affected by the proposal.