The TALCB Enforcement Committee recommends the proposed amendments to implement statutory changes to Chapter 53, Occupations Code, enacted by the 86th Legislature in HB 1342 and SB 1217 regarding the requirements for evaluating criminal convictions and arrests of license applicants and license holders, and statutory changes to Chapter 1103, Occupations Code, enacted by the 86th Legislature in SB 624, as part of the Sunset Review process.
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.
Emergency Adopted Rules
Rule Number
Rule Name
Licensing for Persons with Criminal History and Moral Character Determination
Date of Action
09/06/2019
Effective Date
09/09/2019
Proposed Rules
Rule Number
Rule Name
Fees
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The proposed amendments eliminate certain fees to license holders to implement statutory changes enacted by the 86th Legislature in SB 624 as part of TALCB’s Sunset Review process and management directives from the Sunset Advisory Commission to limit fund growth and provide straightforward fee setting for license holders. The proposed amendments also implement a fee for untimely payment of AMC National Registry Fees to support collection and enforcement of AMC National Registry fees as required under federal law and conform the language in this section regarding deposit of the AMC Registry Fees to the language in Chapter 1104, Occupations Code. The proposed amendments also clarify the consequences for providing a dishonored form of payment.
22 TAC §159.204
Complaint Processing
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Executive Committee recommends the proposed amendments to implement statutory changes to Chapter 1104, Occupations Code, enacted by the 86th Legislature in SB 624 as part of TALCB’s Sunset Review process, requiring TALCB to protect a complainant’s identity to the extent possible by excluding the complainant’s identifying information when sending a complaint notice to a respondent; requiring TALCB to send periodic written notice of the status of a complaint to the complainant and each respondent until final resolution of the complaint; and authorizing TALCB to order refunds to consumers of appraisal services in certain limited circumstances.
AMC National Registry
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Executive Committee recommends this proposed new section to implement collection and enforcement of AMC National Registry Fees as required under federal law and provide clarity to members of the public and license holders about the procedural requirements for collecting these fees.
Renewal
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Executive Committee recommends the proposed amendments to implement statutory changes to Chapter 1104, Occupations Code, enacted by the 86th Legislature in SB 624 as part of TALCB’s Sunset Review process, allowing TALCB to deny a license renewal if a license holder is in violation of a TALCB Order. The proposed amendments also reorganize this section to provide clarity to members of the public and license holders.
Negotiated Rulemaking
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Executive Committee recommends this proposed new section to implement statutory changes to Chapter 1103, Occupations Code, enacted by the 86th Legislature in SB 624 as part of TALCB’s Sunset Review process, requiring TALCB to develop a policy to encourage the use of negotiated rulemaking. The proposed amendments set forth TALCB’s policy for negotiated rulemaking.
Applications
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Executive Committee recommends the proposed amendments to provide clarity to applicants regarding licensing requirements related to military service members, veterans, and military spouses and implement statutory changes enacted by the 86th Legislature in SB 1200, which establish limited reciprocity for military spouses to practice in Texas, consistent with license reciprocity available under federal law.
Fees
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The proposed amendments increase appraiser license application and renewal fees and eliminate other license holder fees to implement statutory changes to Chapter 1103, Occupations Code, enacted by the 86th Legislature in SB 624 as part of TALCB’s Sunset Review process and management directives from the Sunset Advisory Commission requiring TALCB to improve customer service, reduce complaint resolution time frames, limit fund growth and provide straightforward fee setting for license holders. The proposed amendments also clarify the consequences for submitting a payment that is dishonored.
The Board
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Executive Committee recommends the proposed amendments to implement statutory changes to Chapter 1103, Occupations Code, enacted by the 86th Legislature in SB 624 as part of TALCB’s Sunset Review process, requiring TALCB to develop a policy for allowing public comments at regular Board meetings. The proposed amendments to this section memorialize the existing policy for allowing public comments at regular Board meetings. Under the proposed amendments, a member of the public may comment on an agenda or non-agenda item at a regular quarterly meeting of the Board for up to 3 minutes. The proposed amendments also allow the Chair to extend this time at the Chair’s discretion.
22 TAC §153.24
Complaint Processing
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Enforcement Committee recommends the proposed amendments to implement statutory changes to Chapter 1103, Occupations Code, enacted by the 86th Legislature in SB 624 as part of TALCB’s Sunset Review process, requiring TALCB to protect a complainant’s identity to the extent possible by excluding the complainant’s identifying information when sending a complaint notice to a respondent; requiring TALCB to send periodic written notice of the status of a complaint to the complainant and each respondent until final resolution of the complaint; and authorizing TALCB to order refunds to consumers of appraisal services in certain limited circumstances. The proposed amendments also correct a typographical error and insert a missing space in subsection (m)(3) of this section, as amended.
Licensing for Persons with Criminal History and Moral Character Determination
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Enforcement Committee recommends the proposed amendments to implement statutory changes to Chapter 53, Occupations Code, enacted by the 86th Legislature in HB 1342 and SB 1217 regarding the requirements for evaluating criminal convictions and arrests of license applicants and license holders, and statutory changes to Chapter 1103, Occupations Code, enacted by the 86th Legislature in SB 624, as part of the Sunset Review process.
License Renewal
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
The TALCB Enforcement Committee recommends the proposed amendments to 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 license renewal if a license holder is in violation of a TALCB Order.