TITLE 22. EXAMINING BOARDS

PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

CHAPTER 157. RULES RELATING TO PRACTICE AND PROCEDURE

SUBCHAPTER A. GENERAL PROVISIONS

22 TAC §157.7

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §157.7, Denial of a License; Adverse Action Against a License Holder, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4441). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses, §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the Appraiser Qualifications Board, and §1104.051, which authorizes TALCB to adopt rules necessary to administer Chapter 1104, Texas Occupations Code.

The statutes affected by these amendments are Chapters 1103 and 1104, Texas Occupations Code. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704730

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


SUBCHAPTER B. CONTESTED CASE HEARINGS

22 TAC §157.9

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §157.9, Notice of Hearing, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4442). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses and §1104.051, which authorizes TALCB to adopt rules necessary to administer Chapter 1104, Texas Occupations Code.

The statutes affected by these amendments are Chapters 1103 and 1104, Texas Occupations Code. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704731

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §157.12

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §157.12, Failure to Attend Hearing; Default, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4443). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses and §1104.051, which authorizes TALCB to adopt rules to necessary to administer Chapter 1104, Texas Occupations Code.

The statutes affected by these amendments are Chapters 1103 and 1104, Texas Occupations Code. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704732

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


SUBCHAPTER C. POST HEARING

22 TAC §157.15

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §157.15, Decision, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4443). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses and §1104.051, which authorizes TALCB to adopt rules necessary to administer Chapter 1104, Texas Occupations Code.

The statutes affected by these amendments are Chapters 1103 and 1104, Texas Occupations Code. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704733

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §157.17

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §157.17, Final Decisions and Orders, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4444). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses and §1104.051, which authorizes TALCB to adopt rules necessary to administer Chapter 1104, Texas Occupations Code.

The statutes affected by these amendments are Chapters 1103 and 1104, Texas Occupations Code. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704734

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


CHAPTER 159. RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT

22 TAC §159.1

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.1, Definitions, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4445). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704736

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.4

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.4, Appraisal Management Company Advisory Committee, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4445). The amendments correct the caption of this section to eliminate confusion with another section in this chapter that has the same caption.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704737

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.52

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.52, Fees, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4446). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704738

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.102

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.102, Eligibility for Registration; Ownership, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4447). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704739

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.104

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.104, Primary Contact; Appraiser Contact; Contact Information, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4447). The amendments align this section with statutory changes adopted by the 85th Legislature.

One comment was received on the amendments as published from a trade association. This commenter expressed concern that 10 days was too short of a time period to notify TALCB about changes to the Primary Contact or Appraiser Contact because it would not allow sufficient time for an Appraisal Management Company (AMC) to vet replacement candidates for persons assuming the responsibilities of these positions for the AMC. TALCB disagrees with the commenter and notes that the purpose of this section is to provide TALCB with a point of contact to answer questions that may arise. TALCB further notes an AMC has the option of notifying TALCB of interim personnel changes in these positions within 10 days and, after taking additional time to vet replacement candidates, notifying TALCB of a permanent replacement for either position upon selection and confirmation by the AMC.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704740

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.105

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.105, Denial of Registration, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4448). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704741

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.154

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.154, Competency of Appraisers, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4449). The amendments align this section with statutory changes adopted by the 85th Legislature.

One comment was received on the amendments as published from a trade association who supports the proposed changes.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules necessary to administer Chapter 1104, Texas Occupations Code.

The statute affected by these adoptions is Chapter 1104, Texas Occupations Code. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704742

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.155

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.155, Periodic Review of Appraisals, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4450). The amendments align this section with statutory changes adopted by the 85th Legislature.

Three comments were received on the amendments as published, one from a trade association who supported the proposed changes. Two commenters pointed out that the changes would allow appraisers to conduct appraisal reviews for an Appraisal Management Company (AMC) if the appraiser is not licensed in Texas. While this is correct, TALCB notes that the Uniform Standards of Professional Appraisal Practice (USPAP), which must be followed when conducting these appraisal reviews require all appraisers to be geographically competent to conduct the appraisal reviews at issue, and the requirement to be geographically competent may result in an AMC's use of appraisers who are licensed in Texas to conduct these appraisal reviews. TALCB further notes that the amendments are consistent with the statutory changes adopted by the 85th Legislature.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704743

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.156

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.156, Business Records, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4451). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704744

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.201

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §159.201, Guidelines for Revocation, Suspension, or Denial of a License, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4451). The amendments align this section with statutory changes adopted by the 85th Legislature.

No comments were received on the amendments as published.

The reasoned justification for the amendments is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

The amendments are adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules to necessary to administer 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 amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704745

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652


22 TAC §159.205

The Texas Appraiser Licensing and Certification Board (TALCB) adopts new 22 TAC §159.205, Identity Theft, without changes to the proposed text as published in the September 1, 2017, issue of the Texas Register (42 TexReg 4452). This new section implements statutory changes adopted by the 85th Legislature.

One comment was received on the new section as published from a trade association, but the commenter withdrew its comment after a conversation with TALCB Staff resolved the commenter's concern about the proposed changes.

The reasoned justification for this new section is to provide clarity for license holders and to align the rule with statutory changes adopted by the 85th Legislature.

This new section is adopted under Texas Occupations Code §1104.051, which authorizes TALCB to adopt rules necessary to administer Chapter 1104, Texas Occupations Code.

The statute affected by this new section is Chapter 1104, Texas Occupations Code. No other statute, code or article is affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704746

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 10, 2017

Proposal publication date: September 1, 2017

For further information, please call: (512) 936-3652