The Texas Appraiser Licensing and Certification Board proposes amendments to §153.37, Offenses with Criminal, Civil, and Administrative Penalties. The proposed amendments would implement provisions of Senate Bill 1013, 78th Legislature, Regular Session, which amended the Texas Appraiser Licensing and Certification Act (Chapter 1103, Occupations Code). The proposed rules provide for criminal penalties, civil penalties, and administrative penalties for a person not certified or licensed who engages in real estate appraisals, appraisal practices, or related activities.

Renil C. Linér, Commissioner, Texas Appraiser Licensing and Certification Board, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Linér also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of these changes to reduce the appraisal activities of unlicensed and unqualified persons by providing criminal, civil, and administrative penalties for unlicensed activities. There will be no effect on small businesses. There are no anticipated economic cost to persons who are required to comply with the section.

Comments on the proposal may be submitted Renil C. Linér, Commissioner, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which provides the board with authority to adopt rules.

Section 1103.201, Certificate or License Required; §1103.451, Complaint; will be affected by the proposal and after September 1, 2003, the implementation date of Senate Bill 1013, §1103.551, Injunction; §1103.552, Administrative Penalty; §1103.5532, Civil Penalty for Filing Frivolous Complaint; §1103.5535, Civil Penalty for Engaging in Activity without Required Certificate or License; §1103.554, Criminal Penalty for Misrepresenting Qualifications, §1103.5545, Criminal Penalty for Engaging Activity without Required Certificate or License, will be affected by the proposal.