The proposed 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.
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
Appraiser Trainees and Supervisory Appraisers
Date of Action
11/15/2019
Effective Date
01/01/2020
Proposed Rules
Rule Number
Rule Name
ACE Providers: Compliance and Enforcement
Date of Action
11/15/2019
Earliest Possible Date of Adoption
02/28/2020
The TALCB Executive Committee recommends the proposed amendments to 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 proposed 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 proposed amendments clarify when an audit report may be treated as a complaint and referred for enforcement. The proposed 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
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, allowing TALCB to deny a renewal application if a continuing education provider is in violation of a TALCB order.
The Executive Committee also recommends proposed amendments to 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 proposed amendments, a provider may reschedule a course 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.
To remove barriers and provide greater clarity, the Executive Committee recommends proposed amendments to: (1) allow a unit of federal, state, or local government to offer continuing educations courses without becoming an approved education provider; and (2) substitute the term “renewal” for the phrase “subsequent approval.”
Appraiser Trainees and Supervisory Appraisers
Date of Action
11/15/2019
Earliest Possible Date of Adoption
02/28/2020
The proposed 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.
Adopted Rules
Rule Number
Rule Name
Fees
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
Effective Date
01/01/2020
The amendments to §159.52 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 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 amendments also clarify the consequences for providing a dishonored form of payment.
Complaint Processing
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
Effective Date
12/08/2019
The amendments to §159.204 require 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; require 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 authorize 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
Effective Date
01/01/2020
New §159.110 implements collection and enforcement of AMC National Registry Fees as required under federal law and provides 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
Effective Date
12/08/2019
The amendments to §159.108 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 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
Effective Date
12/08/2019
The new rule implements 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 new rule sets forth TALCB’s policy for negotiated rulemaking.
Applications
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
Effective Date
12/08/2019
The amendments to §153.9 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
Effective Date
01/01/2020
The amendments to §153.5 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 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
Effective Date
12/08/2019
The amendments to §153.3 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 amendments to this section memorialize the existing policy for allowing public comments at regular Board meetings. Under the 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 amendments also allow the Chair to extend this time at the Chair’s discretion.
Complaint Processing
Date of Action
09/06/2019
Earliest Possible Date of Adoption
11/15/2019
Effective Date
12/08/2019
The amendments to §153.24 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
Effective Date
09/09/2019
The amendments to §153.19 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
Effective Date
12/08/2019
The amendments to §153.17 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.