TITLE 22. EXAMINING BOARDS

PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

CHAPTER 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT

22 TAC §153.5

The Texas Appraiser Licensing and Certification Board (TALCB or Board) proposes amendments to §153.5, Fees. The proposed amendments change the reference in the rule from the fee for an evaluation of an applicant's criminal history to the fee for an evaluation of an applicant's moral character to align the rule with statutory requirements in Chapter 1103, Texas Occupations Code, and current Board practice.

Kristen Worman, 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 for units of local government as a result of enforcing or administering the proposed amendments. There is no anticipated significant impact on small businesses, micro-businesses or local or state employment as a result of implementing the proposed amendments. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

Ms. Worman also has determined that for each year of the first five years the sections as proposed are in effect the public benefits anticipated as a result of enforcing the section as proposed will be clarity for applicants and a requirement that is easier to understand and consistent with state and federal law.

Comments on the proposal may be submitted to Kristen Worman, General Counsel, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188 or emailed to general.counsel@talcb.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code §1103.151 and §1103.152, which authorize TALCB to: adopt rules relating to certificates and licenses and prescribe qualifications for appraisers that are consistent with the qualifications established by the Appraiser Qualifications Board.

The statute affected by these amendments is Texas Occupations Code, Chapter 1103. No other statute, code or article is affected by the proposed amendments.

§153.5.Fees.

(a) The Board shall charge and the Commissioner shall collect the following fees:

(1) a fee of $400 for an application for a certified general appraiser license;

(2) a fee of $350 for an application for a certified residential appraiser license;

(3) a fee of $325 for an application for a licensed residential appraiser license;

(4) a fee of $300 for an application for an appraiser trainee license;

(5) a fee of $360 for a timely renewal of a certified general appraiser license;

(6) a fee of $310 for a timely renewal of a certified residential appraiser license;

(7) a fee of $290 for a timely renewal of a licensed residential appraiser license;

(8) a fee of $250 for a timely renewal of an appraiser trainee license;

(9) a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a license within 90 days of expiration;

(10) a fee equal to two times the timely renewal fee for the late renewal of a license more than 90 days but less than six months after expiration;

(11) a fee of $250 for nonresident license;

(12) the national registry fee in the amount charged by the Appraisal Subcommittee;

(13) an application fee for licensure by reciprocity in the same amount as the fee charged for a similar license issued to a Texas resident;

(14) a fee of $40 for preparing a certificate of licensure history, active licensure, or supervision;

(15) a fee of $20 for an addition or termination of sponsorship of an appraiser trainee;

(16) a fee of $20 for replacing a lost or destroyed license;

(17) a fee for a returned check equal to that charged for a returned check by the Texas Real Estate Commission;

(18) a fee of $200 for an extension of time to complete required continuing education;

(19) a fee of $25 to request a license be placed on inactive status;

(20) a fee of $50 to request a return to active status;

(21) a fee of $50 for evaluation of an applicant's moral character [criminal history];

(22) an examination fee as provided in the Board's current examination administration agreement;

(23) a fee of $20 per certification when providing certified copies of documents;

(24) a fee of $75 to request a voluntary appraiser trainee experience review;

(25) the fee charged by the Federal Bureau of Investigation, the Texas Department of Public Safety or other authorized entity for fingerprinting or other service for a national or state criminal history check in connection with a license application or renewal;

(26) a fee of $20 for filing any application, renewal, change request, or other record on paper when the person may otherwise file electronically by accessing the Board's website and entering the required information online; and

(27) any fee required by the Department of Information Resources for establishing and maintaining online applications.

(b) Fees must be submitted in U.S. funds payable to the order of the Texas Appraiser Licensing and Certification Board. Fees are not refundable once an application has been accepted for filing. Persons who have submitted a check which has been returned, and who have not made good on that check within thirty days, for whatever reason, shall submit all future fees in the form of a cashier's check or money order.

(c) Licensing fees are waived for members of the Board staff who must maintain a license for employment with the Board only and are not also using the license for outside employment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 3, 2017.

TRD-201700003

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: February 19, 2017

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