The TALCB Enforcement Committee recommends the proposed amendments to clarify the procedures for scheduling an investigative conference with a license applicant or a respondent to a complaint and to establish procedures for recording investigative conferences.
Rules and Laws
Texas appraisers and appraisal management companies (AMC) are governed by the Texas Appraiser Licensing and Certification Act and the Texas Appraisal Management Company Registration and Regulation Act. These Acts establish the makeup of the Board and the AMC Advisory Committee, and outline procedures by which a person can become an appraiser in Texas or an AMC can become registered in Texas. The Acts also describe TALCB’s jurisdiction over license holders and registrants. TALCB has the authority to adopt administrative rules to provide specificity to certain areas of the Acts. TALCB may also adopt rules to establish policy regarding certain practices. Both the Acts and TALCB rules are a great resource for helping consumers know what to expect from the appraisal process.
The federal Appraisal Subcommittee (ASC) provides oversight of state appraiser regulatory programs. The ASC also provides a monitoring framework for The Appraisal Foundation. The Appraisal Foundation is a nonprofit organization established in 1989 to promote professionalism and ensure public trust in the valuation profession. The Appraisal Foundation accomplishes this mission by establishing standards and appraiser qualifications and providing guidance regarding valuation methods and techniques. The Appraisal Foundation includes two independent boards that contribute to its overall mission: the Appraiser Qualifications Board (AQB) establishes the minimum education, experience, and examination requirements for real property appraisers to obtain a state license or certification, and the Appraisal Standards Board (ASB) develops, interprets, and amends the Uniform Standards of Professional Appraisal Practice (USPAP), which are the generally accepted standards of the appraisal profession.
TALCB Rules
The tables below show all of our most recent proposed and adopted rules. Written comments on proposed rules are accepted for 30 days after publication in the Texas Register. After that period, comments may be made in person at the next Board meeting.
For the complete version of our current rules go to the TALCB Rules Page or to the Secretary of State's website.
Proposed Rules
Rule Number
Rule Name
Investigative Conference
Date of Action
02/28/2020
Earliest Possible Date of Adoption
05/15/2020
Experience Required for Licensing
Date of Action
02/28/2020
Earliest Possible Date of Adoption
05/15/2020
The TALCB Enforcement Committee recommends the proposed amendments to clarify the procedures to be followed when an applicant submits experience that is involved in pending litigation as part of the applicant's license application. The proposed amendments also notify applicants that information submitted to TALCB in support of a license application may be subject to disclosure under the Public Information Act, Chapter 552, Texas Government Code, unless an exception to disclosure applies.
Adopted Rules
Rule Number
Rule Name
ACE Providers: Compliance and Enforcement
Date of Action
11/15/2019
Earliest Possible Date of Adoption
02/28/2020
Effective Date
03/22/2020
The amendments provide more information to education providers and members of the public regarding the process for auditing continuing education providers and courses and the process for handling complaints when deficiencies are identified during an audit. Under the amendments providers will receive a copy of the audit report and be given a reasonable opportunity to cure any deficiencies identified during an audit. The amendments clarify when an audit report may be treated as a complaint and referred for enforcement. The amendments also define a “reasonable opportunity to cure” and allow providers to request an extension of time to cure a deficiency if certain criteria are met.
Approval of Continuing Education Providers and Courses
Date of Action
11/15/2019
Earliest Possible Date of Adoption
02/28/2020
Effective Date
03/22/2020
The amendments implement statutory changes to Chapter 1103, Occupations Code, enacted by the 86th Legislature in SB 624 as part of TALCB's Sunset Review process, allowing TALCB to deny a renewal application if a continuing education provider is in violation of a TALCB order.
The amendments also define who is an "exempt provider"; substitute the term "renewal" for "subsequent approval"; define the term "severe weather"; and allow continuing education providers to reschedule certain continuing education courses if a course must be cancelled due to circumstances beyond the provider's control, including severe weather or instructor illness. Under the amendments, a provider may reschedule certain continuing education courses without incurring additional fees by providing notice of the new course date to TALCB and offering the course in the same manner originally approved by TALCB.
The TALCB adopts the amendments with the following changes to the proposed text: In the renumbered subsection (a)(1) the words "or instructor" are removed, since the rule does not address approval of instructors; and in new subsection (b)(3) the word "an" is substituted for the word "a" to correct a grammatical error.
Appraiser Trainees and Supervisory Appraisers
Date of Action
11/15/2019
Earliest Possible Date of Adoption
02/28/2020
Effective Date
03/22/2020
The amendments implement changes adopted by the Appraiser Qualifications Board (AQB) on November 1, 2019, which become effective on January 1, 2020. The proposed amendments change the eligibility criteria for supervisory appraisers under subsection (b)(1) of this section. Under the proposed amendments a certified appraiser must be in good standing and not have had, within the last three years, a certified appraiser credential canceled, surrendered in lieu of discipline, suspended, or revoked in any state for a substantive cause related to appraisal practice.