The proposed amendments to §159.52 clarify the applicability of the online convenience fee required by the Department of Information Resources.
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
Appraisal Management Company Advisory Committee
Date of Action
08/19/2022
Earliest Possible Date of Adoption
12/02/2022
The proposed amendments to §159.3 extend the date for the AMC advisory committee to continue to exist to coincide with the next deadline to complete the quadrennial rule review.
Comment
Complaint Processing
Date of Action
08/19/2022
Earliest Possible Date of Adoption
12/02/2022
The proposed amendments are made following TALCB’s quadrennial rule review for this Chapter, to better reflect TALCB procedures and division names, and to simplify and clarify where needed.
Comment
Guidelines for Revocation, Suspension, or Denial of a License
Date of Action
08/19/2022
Earliest Possible Date of Adoption
12/02/2022
The proposed amendments to §159.201 clarify the guidelines apply to disciplinary actions and are not limited to revocation, suspension or denial, correct a reference to the Texas Appraisal Management Company Registration and Regulation Act; specify who can sign an agreed order in lieu of the chair of the Board, should the chair not be available or need to recuse him or herself; and provide for the Commissioner to designate who may sign an agreed resolution on his or her behalf.
Comment
Inactive Status
Date of Action
08/19/2022
Earliest Possible Date of Adoption
12/02/2022
The proposed amendments to §159.109 remove references to an outdated fee.
Comment
Denial of Registration or Renewal of Registration
Date of Action
08/19/2022
Earliest Possible Date of Adoption
12/02/2022
The proposed amendments to §159.105 more accurately reflect TALCB’s process to verify ownership eligibility for AMC in accordance with the Appraisal Subcommittee Policy.
Comment
Applications
Date of Action
08/19/2022
Earliest Possible Date of Adoption
12/02/2022
The proposed amendments are made following TALCB’s quadrennial rule review for this Chapter, to better reflect TALCB procedures and division names, and to simplify and clarify where needed.
Comment
Eligibility for Registration; Ownership
Date of Action
08/19/2022
Earliest Possible Date of Adoption
12/02/2022
The proposed amendments to §159.102 more accurately reflect TALCB’s process to verify ownership eligibility for AMC in accordance with the Appraisal Subcommittee Policy.
Comment
Definitions
Date of Action
08/19/2022
Earliest Possible Date of Adoption
12/02/2022
The proposed amendments are made following TALCB’s quadrennial rule review for this Chapter, to better reflect TALCB procedures and division names, and to simplify and clarify where needed.
Comment
Adopted Rules
Rule Number
Rule Name
Applications
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed.
Scope of Practice
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed.
Fees
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.5 remove outdated fees, clarify the applicability of application fees to reinstatements, increase the fee for voluntary experience reviews, and clarify the applicability of online convenience fee required by the Department of Information Resources.
Approval of Continuing Education Providers and Courses
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.40 remove redundant definitions, and those moved to §153.1 remove surplus fee information and references to outdated processes.
Identity Theft
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.26 reflect renumbered sections in §153.20.
Complaint Processing
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.24 reflect changes to TALCB division names, remove references to former processes, and provide for the Commissioner to designate to sign an agreed resolution on his or her behalf.
Inactive Status
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendment to §153.23 removes a reference to an outdated fee.
Voluntary Appraiser Trainee Experience Reviews
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.22 clarify that an interested applicant, not just trainees, may apply for an appraiser experience review.
Appraiser Trainees and Supervisory Appraisers
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.21 alter the progress monitoring program required of supervisory appraisers with 4-5 trainees, in accordance with AQB Criteria. Trainees of supervisory appraisers that fall into this category no longer are required to submit their work product for review as specified in §153.22. TALCB will require the applicable supervisory appraisers to submit a progress monitoring plan for his or her trainees and keep progress monitoring reports subject to TALCB inspection for a specified period of time. The amendments also update references to distance education in accordance with updates to the AQB's Criteria.
Guidelines for Revocation, Suspension, Denial of a License; Probationary License
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.20 clarify the guidelines apply to disciplinary action and are not limited to revocation and suspension, remove a redundant section, and reflect changes to TALCB division names.
License Renewal
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.17 remove sections now obsolete since the implementation of an online submission system.
Experience Required for Licensing
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.15 consolidate redundant requirements for new applicants and existing license holders seeking to upgrade their license, add references to the PAREA program and instruct how this experience may be submitted to TALCB, and outline contingent approval may be granted upon completion of additional education, experience, or mentorship.
Examinations
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendment to §153.11 provides the examination provider additional discretion in determining the method of accommodation.
Definitions
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. The amendments to §153.1 move a definition from §153.40, align the language more closely with Appraisal Qualifications Board (AQB) definitions, and add a definition for the recently AQB adopted PAREA program.
Peer Investigative Committee Review
Date of Action
05/06/2022
Earliest Possible Date of Adoption
08/19/2022
Effective Date
09/08/2022
The amendments are made following TALCB's quadrennial rule review for this Chapter, to better reflect current TALCB procedures, and to simplify and clarify where needed. In §153.28, the amendments further reflect current investigative process.