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

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.1, Definitions; and §153.15, Experience Required for Licensing.

The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5562) and will not be republished.

The amendments are made following TALCB's quadrennial rule review for this Chapter. The amendments add a definition for "Practicum Courses," and adds Practicum Courses approved by either the Appraiser Qualifications Board or TALCB as a type of experience that may be accepted to satisfy the experience requirements under Chapter 1103.

One comment was received in support of the approval and acceptance of Practicum Programs to satisfy the experience requirement. No change to the language was made as a result of this comment.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules related certifying or licensing an appraiser or appraiser trainee and qualifying education and experience required for certifying or licensing an appraiser or appraiser trainee that are consistent with applicable federal law and guidelines recognized by the Appraiser Qualifications Board (AQB); §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the AQB; and §1103.153, which authorizes TALCB to adopt rules relating to the requirements for approval of a provider or course for qualifying or continuing education.

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 17, 2025.

TRD-202504182

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 7, 2025

Proposal publication date: August 29, 2025

For further information, please call: (512) 936-3088

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.6, Military Service Member, Veteran, or Military Spouse Applications.

The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5565) and will not be republished.

The amendments to §153.6 are made as a result of statutory changes enacted by the 89th Legislature in HB 5629 and SB 1818, both of which become effective September 1, 2025. Both bills modify several provisions in Chapter 55 of the Texas Occupations Code relating to occupational licensing of military service members, military veterans, and military spouses. SB 1818 requires that a state agency promptly issue either a provisional license or a license. HB 5629 modifies the language to require a state agency to issue a license to an applicant that is a military service member, veteran, or spouse and who holds a current license issued by another state that is similar in scope of practice to the license being sought and is in good standing (a defined term) with that state's licensing authority. HB 5629 also modifies the procedure for out-of-state license recognition under §55.0041, Occupations Code. Finally, HB 5629 changes the time period within which a state agency must issue the license, from 30 days to 10 business days from the filing of the application. The amendments to §153.6 are made to reflect these changes in accordance with the reciprocity process in Chapter 1103 Occupations Code.

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules related to certificates and licenses that are consistent with applicable federal law and guidelines adopted by the AQB; §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the Appraiser Qualifications Board; and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct. The amendments are also adopted under Texas Occupations Code, §§55.004 and 55.0041, including as amended by HB 5629, which require the issuance of licenses under certain parameters to military service members, military veterans, or military spouses.

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 17, 2025.

TRD-202504184

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 7, 2025

Proposal publication date: August 29, 2025

For further information, please call: (512) 936-3088

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.19, Licensing for Persons with Criminal History and Fitness Determination.

The amendments are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5567) and will not be republished.

The amendments are made as a result of statutory changes enacted by the 89th Legislature in SB 1080, which became effective on May 27, 2025. SB 1080 modified several provisions of Chapter 53 of the Texas Occupations Code relating to the revocation of an occupational license from certain license holders and the issuance of an occupational license to certain applicants with criminal convictions. Additionally, the change is made as a result of the agency's license management system project. Because of this project, users will be able to provide information to the agency through an online process, rather than by submitting a paper form. As a result, the rule language is clarified to reflect this change.

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules related certifying or licensing an appraiser or appraiser trainee and qualifying education and experience required for certifying or licensing an appraiser or appraiser trainee that are consistent with applicable federal law and guidelines recognized by the Appraiser Qualifications Board (AQB); §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the AQB; and §1103.154, which authorizes TALCB to adopt rules relating to professional conduct.

The statute affected by these amendments is Chapter 1103, Texas Occupations Code. No other statute, code or article is affected by the proposed 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 17, 2025.

TRD-202504181

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 7, 2025

Proposal publication date: August 29, 2025

For further information, please call: (512) 936-3088

The Texas Appraiser Licensing and Certification Board (TALCB) adopts new rules 22 TAC §153.42 and §153.43.

The new rules are adopted without changes to the proposed text as published in the August 29, 2025, issue of the Texas Register (50 TexReg 5569) and will not be republished.

New rule §153.42 outlines the requirements and approval process for Practicum Course Providers and Practicum Courses; and new rule §153.43 outlines compliance procedures and prohibited activity of Practicum Providers.

One comment was received in support of the approval and acceptance of Practicum Programs to satisfy the experience requirement. No change to the language was made as a result of this comment.

The new rules are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules related certifying or licensing an appraiser or appraiser trainee and qualifying education and experience required for certifying or licensing an appraiser or appraiser trainee that are consistent with applicable federal law and guidelines recognized by the Appraiser Qualifications Board (AQB); §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the AQB; and §1103.153, which authorizes TALCB to adopt rules relating to the requirements for approval of a provider or course for qualifying or continuing education.

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 17, 2025.

TRD-202504183

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 7, 2025

Proposal publication date: August 29, 2025

For further information, please call: (512) 936-3088

PART 14. TEXAS OPTOMETRY BOARD

CHAPTER 272. ADMINISTRATION

The Texas Optometry Board (Board) adopts amendments to 22 TAC Part 14 Chapter 272 - Administration §272.5 - Definitions. The Board adopts this rule with no changes to the proposed text as published in the September 26, 2025, issue of the Texas Register (50 TexReg 6282). The adopted rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

Texas Optometry Act §351.353 sets out parameters for the initial examination of a patient for whom a prescription for glasses or contacts is written. The Board finds it necessary to define what constitutes an initial visit for purposes of regulating this section of the statute especially as it relates to inspections of optometric practices under §351.1575 of the Texas Optometry Act.

This rule defines "initial visit" as the time between eye exam visits can be up to three years before the optometrist would have to comply with requirements of the statute. The three-year time between visits is generally found in insurance contracts and has become a standard in optometric practice. Additionally, the Board wants to define initial as practice specific not provider specific - as long as the subsequent provider in the same practice has access to the patient's complete patient chart from all previous visits.

COMMENTS

In addition to publication in the Texas Register, the Board sent an email communication to all of its licensees in early October notifying them of the proposed rule change. It received seven comments/questions on the proposal.

Three (3) comments were supportive of the rule as written. No changes necessary.

One (1) comment opposed the rule as written stating "defining a new patient as anything other than a first-time presentation to the practice will significantly increase our administrative workload with minimal corresponding benefits to patient care." The Board disagrees with this comment and declines to make changes.

Two (2) comments sought clarification for specific examples presented.

1. Medical eye visit followed by refraction visit, when would the 10 findings be required? The Board points to the statute which only requires the 10 findings on the first visit for which a contact/glasses prescription is written. If the patient first presents for a medical reason, the optometrist would not be required to complete the tests. It is only when the patient presents for a contact/spectacle prescription for the first time that the 10 tests be required - even if that visit occurs after a medical visit. The Board declines to make changes.

2. Patients from previous office followed optometrist to new practice and optometrist has access to patient records? The rule states that if the patient returns to the same provider or practice within three years of the initial visit and the provider/practice has access to the patient's complete record, the 10 tests would not be required. The Board declines to make changes.

One (1) comment questioned exam requirements as it relates to visual field/accommodation testing as it relates to the age of the patient. This comment is not relevant to the proposed rule, but has been referred to the Rules Committee for discussion.

STATUTORY AUTHORITY

This rule is adopted under the Texas Optometry Act §351.151 and §351.353. The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

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 19, 2025.

TRD-202504244

Janice McCoy

Executive Director

Texas Optometry Board

Effective date: December 9, 2025

Proposal publication date: September 26, 2025

For further information, please call: (512) 305-8500