PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 94. PROPERTY TAX PROFESSIONALS
The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC) Chapter 94, §94.25, regarding the property tax professionals program.
The proposed rule amendments are necessary to implement changes recommended by the Tax Professional Advisory Committee (Committee) relating to the regulation of property tax professionals. The proposed rule amendments were originally proposed in the February 1, 2013, issue of the Texas Register (38 TexReg 460); however, the proposed rule amendments are withdrawn in this issue of the Texas Register.
Proposed amendments to §94.25(b)(3) change the required continuing education hours from seven (7) hours in Uniform Standards of Professional Appraisal Practice (USPAP) to three and one half (3.5) hours in USPAP. Subsection (i) is proposed for deletion, which would eliminate the need for registrants to retain copies of their completed courses. The substance of these proposed rule changes was recommended by the Committee at its meeting on December 6, 2012.
William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed rule amendments are in effect there will be no direct cost to state or local government as a result of enforcing or administering the proposed rule.
Mr. Kuntz also has determined that for each year of the first five-year period the proposed rule changes are in effect, the public benefit will be realized efficiency for the program and the industry at large.
There is no anticipated adverse economic effect on small or micro businesses or to persons who are required to comply with the rules as proposed.
Since the agency has determined that the proposed rule amendments will have no adverse economic effect on small or micro businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
Comments on the proposal may be submitted by mail to Shanna Dawson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.
The amendments are proposed under Texas Occupations Code, Chapters 51 and 1151, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 1151. No other statutes, articles, or codes are affected by the proposal.
§94.25.Continuing Education.
(a) (No change.)
(b) A Registered Professional Appraiser (RPA) must complete 30 hours of approved continuing education to be eligible to renew the registration. The continuing education must include:
(1) two hours in professional ethics;
(2) a state laws and rules update course; and
(3) 3.5 [seven] hours in USPAP.
(c) - (h) (No change.)
[(i) A RTC, RPA, or RTA
must retain a copy of the certificate of completion for a course for
two years after the date of completion. In conducting any inspection
or investigation of the registrant, the department may examine the
registrant's records to determine compliance with this subsection.]
(i) [(j)] To be approved by the
Comptroller, a provider's course must be dedicated to instruction in:
(1) appraisal procedures and methods;
(2) tax assessment and collection;
(3) professional ethics;
(4) laws and rules;
(5) USPAP; or
(6) customer service.
(j) [(k)] The provisions in this
section apply to registrations that renew on or after January 1, 2011.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 20, 2013.
TRD-201301998
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 30, 2013
For further information, please call: (512) 475-4879