The amendments to §159.110 allow for greater flexibility in addressing AMCs that fail to pay the AMC registry fee.
Las enmiendas a §159.110 permiten una mayor flexibilidad para tratar con las AMC que no pagan la tasa de registro de AMC.
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
22 TAC §159.110
AMC National Registry
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
22 TAC §153.16
License Reinstatement
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
The amendments to §153.16 refine the requirements related to the reinstatement of an expired license. Specifically, the amendments remove reexamination as a requirement for reinstatement, clarify that the requirement are consistent with that of the Appraisal Qualifications Board, and specify the circumstances when an applicant must demonstrate experience in compliance with USPAP.
Las enmiendas a §153.16 refinan los requisitos relacionados con el restablecimiento de una licencia vencida. Específicamente, las enmiendas eliminan la reexaminación como requisito para el restablecimiento, aclaran que el requisito es coherente con el de la Junta de Calificaciones de Tasadores y especifican las circunstancias en las que un solicitante debe demostrar experiencia en cumplimiento con USPAP.
Comment
22 TAC §153.12
Criminal History Checks
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
The amendments to §153.12 accurately reflect the process of criminal history checks.
Las enmiendas a §153.12 reflejan con precisión el proceso de verificación de antecedentes penales.
Comment
22 TAC §151.7
Vendor Protest Procedures
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
New rules §151.4, §151.5, §151.6, and §151.7 relate TALCB’s contracting and procurement processes.
Las nuevas reglas §151.4, §151.5, §151.6 y §151.7 se relacionan con los procesos de contratación y adquisición del TALCB.
Comment
22 TAC §151.6
Negotiation and Mediation of Certain Contract Disputes
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
New rules §151.4, §151.5, §151.6, and §151.7 relate TALCB’s contracting and procurement processes.
Las nuevas reglas §151.4, §151.5, §151.6 y §151.7 se relacionan con los procesos de contratación y adquisición del TALCB.
Comment
22 TAC §151.5
Bid Opening and Tabulation
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
New rules §151.4, §151.5, §151.6, and §151.7 relate TALCB’s contracting and procurement processes.
Las nuevas reglas §151.4, §151.5, §151.6 y §151.7 se relacionan con los procesos de contratación y adquisición del TALCB.
Comment
22 TAC §151.4
Historically Underutilized Businesses Program
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
New rules §151.4, §151.5, §151.6, and §151.7 relate TALCB’s contracting and procurement processes.
Las nuevas reglas §151.4, §151.5, §151.6 y §151.7 se relacionan con los procesos de contratación y adquisición del TALCB.
Comment
22 TAC §151.3
Employee Training and Education
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
New rule §151.3 addresses the Board’s payment of education and training for TALCB employees.
La nueva regla §151.3 aborda el pago de la Junta por la educación y capacitación de los empleados del TALCB.
Comment
22 TAC §151.2
Charges for Copies of Public Information
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
New rule §151.2 outlines TALCB’s approach to fees related to the production of documents in response to public information requests.
La nueva regla §151.2 describe el enfoque del TALCB con respecto a las tasas relacionadas con la producción de documentos en respuesta a solicitudes de información públicas.
Comment
22 TAC §151.1
Definitions
Date of Action
11/10/2023
Earliest Possible Date of Adoption
02/23/2024
New rule §151.1 creates a definitions section for ease of reading and terminology consistent with terms utilized by both the Texas Real Estate Commission and TALCB.
La nueva regla §151.1 crea una sección de definiciones para facilitar la lectura y la terminología coherente con los términos utilizados tanto por la Comisión de Bienes Raíces de Texas como por el TALCB.
Comment
Adopted Rules
Rule Number
Rule Name
22 TAC §159.52
Fees
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §159.52 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §159.204
Complaint Processing
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §159.204 clarify the applicability of USPAP as it relates to AMCs and the obligation to submit certain information to the ASC and allow greater flexibility in sanctions. The amendments also implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §159.202
AMC Investigative Committee
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The new rule 159.202, AMC Investigative Committee implements statutory changes enacted by the 88th Legislature in in SB 1222, which was effective on September 1, 2023, and which authorizes a process for a committee to review of complaints received under chapter 1104 of the Occupations Code, involving AMCs. The new rule identifies who may serve on the committee, delineates functions of the committee members and TALCB staff in the review process, and establishes process deadlines. The rule also specifies the types of complaints that are subject or not subject to the review of the AMC Investigative Committee, and the manner committee members and staff may communicate during the review process. The process outlined in the rule is modeled after an existing process on governing the committee review of complaints under 1103 of the Occupations Code, involving appraisers.
22 TAC §159.201
Guidelines for Disciplinary Action
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §159.201 clarify the applicability of USPAP as it relates to AMCs and the obligation to submit certain information to the ASC.
22 TAC §159.155
Periodic Review of Appraisals
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §159.155 remove a specified percentage requirement for the periodic review of appraisal that AMCs perform on appraisers performing appraisal services. The amendments would require AMCs to have a written policy in place for conducting periodic reviews and make the policy and documentation demonstrating compliance with the policy available upon request by the Board.
22 TAC §159.105
Denial of Registration or Renewal of Registration
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §159.105 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §159.104
Primary Contact; Appraiser Contact; Controlling Person; Contact Information
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §159.104 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §159.1
Definitions
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §159.1 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §157.6
Request for Advisory Opinions
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §157.6 add language to the rule to reflect a process for Advisory Opinions issued by TALCB to be reviewed and determine whether to be withdrawn or superseded.
22 TAC §157.50
Negotiated Rulemaking
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §157.50 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §153.9
Applications
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
New §153.6 and amendments to §153.9 implement statutory changes enacted by the 88th Legislature in SB 422 and became effective on September 1, 2023. SB 422 expands out-of-state occupational license recognition to include military service members, as long as certain criteria are met. SB 422 also modifies the time period within which verification of good standing occurs, as well as issuance of a license after certain conditions are satisfied, from “as soon as practicable” to no later than 30 days. The bill also addresses the term of the license in situations of divorce or other events impacting the military spouse’s status. The amendments reflect these statutory changes. Specifically, new rule 153.6 is intended to replace and consolidated language struck from §153.9 related specifically to applicants who are military service members, veterans, and military spouses for greater clarity and organization, in unison with the reciprocity process in Occupations Code 1103, requirements established by the Appraisal Qualifications Board, and Appraisal Subcommittee. The amendments eliminate references to a residency requirement and references to alternative methods of demonstrating competency inapplicable to appraiser applicants. Finally, a statement of purpose is being added to the rule to make clear that this rule addresses the requirements provided under Chapter 55, Occupations Code, and is not intended to alter or modify licensure requirements governed by federal law.
22 TAC §153.6
Military Service Member, Veteran, or Military Spouse Applications
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
New §153.6 and amendments to §153.9 implement statutory changes enacted by the 88th Legislature in SB 422 and became effective on September 1, 2023. SB 422 expands out-of-state occupational license recognition to include military service members, as long as certain criteria are met. SB 422 also modifies the time period within which verification of good standing occurs, as well as issuance of a license after certain conditions are satisfied, from “as soon as practicable” to no later than 30 days. The bill also addresses the term of the license in situations of divorce or other events impacting the military spouse’s status. The amendments reflect these statutory changes. Specifically, new rule 153.6 is intended to replace and consolidated language struck from §153.9 related specifically to applicants who are military service members, veterans, and military spouses for greater clarity and organization, in unison with the reciprocity process in Occupations Code 1103, requirements established by the Appraisal Qualifications Board, and Appraisal Subcommittee. The amendments eliminate references to a residency requirement and references to alternative methods of demonstrating competency inapplicable to appraiser applicants. Finally, a statement of purpose is being added to the rule to make clear that this rule addresses the requirements provided under Chapter 55, Occupations Code, and is not intended to alter or modify licensure requirements governed by federal law.
22 TAC §153.5
Fees
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §153.5 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §153.28
Peer Investigative Review
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §153.28 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §153.241
Sanctions Guidelines
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §153.241 allow for greater flexibility in sanctions.
22 TAC §153.24
Complaint Processing
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §153.24 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”
22 TAC §153.21
Appraiser Trainees and Supervisory Appraisers
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §153.21 implement statutory changes enacted by the 88th Legislature in SB 1222, which became effective on September 1, 2023, and which eliminates the requirement that experience required for licensing be submitted on an affidavit. As a result, references to this requirement are removed from TALCB rules and replaced by a certification.
22 TAC §153.20
Guidelines for Disciplinary Action, Denial of License; Probationary License
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §153.20 implement statutory changes enacted by the 88th Legislature in SB 1222, which was effective on September 1, 2023, and which eliminates the requirement that experience required for licensing be submitted on an affidavit. As a result, references to this requirement are removed from TALCB rules and replaced by a certification.
22 TAC §153.15
Experience Required for Licensing
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §153.15 implement statutory changes enacted by the 88th Legislature in SB 1222, which became effective on September 1, 2023, and which eliminates the requirement that experience required for licensing be submitted on an affidavit. As a result, references to this requirement are removed from TALCB rules and replaced by a certification.
22 TAC §153.1
Definitions
Date of Action
08/18/2023
Earliest Possible Date of Adoption
11/10/2023
Effective Date
12/03/2023
The amendments to §153.1 implement statutory changes enacted by the 88th Legislature in SB 1577, which becomes effective on January 1, 2024, and which changes the title of the TALCB “Commissioner” to “Executive Director.”