The Texas Appraiser Licensing & Certification Board (TALCB) met for its third quarter meeting of the year on August 18.
TALCB Commissioner Chelsea Buchholtz was first at the podium with an update on agency operations. Commissioner Buchholtz reminded the Board about the new edition of the Real Property Appraiser Qualification Criteria.
TALCB Deputy Commissioner Tony Slagle provided an end-of-session legislative update in which he reported the agency tracked 358 bills, including legislation that affects agency operations. Read more about the 88th Texas Legislative Session and its impact on TALCB.
Emergency Rulemaking
State agencies are equipped to adopt rules under an “emergency” authority because of circumstances which can include imminent danger, health or safety concerns, and an immediate change in federal or state law—the reason the following rules were proposed.
Changes Based on SB 1222
The following implements statutory changes enacted from the 2023 Texas Legislative Session, specifically Senate Bill 1222, and are effective September 1. The revisions:
- Clarify that a license is not required to obtain experience through the Practical Applications of Real Estate Appraisal (PAREA).
- Remove the requirement that applicants submit an affidavit with their experience.
- Clarify that any experience submitted by an applicant must be compliant with the Uniform Standards of Professional Appraisal Practice (USPAP).
- Repeal the requirement for the agency to develop study guides for the appraiser licensing exam.
New Rule and Rule Changes Related to Military Service Members, Veteran, or Military Spouse Applications
This new rule and rule-changes implement statutory edits enacted by the 88th Texas Legislature in Senate Bill 422, which apply to reciprocity and reinstatement applicants.
Other statutory changes include changing TALCB’s “Commissioner” and “Deputy Commissioner” titles to “Executive Director” and “Deputy Executive Director.” This change is effective January 1, 2024.
Proposals Related to AMCs
AMC Investigative Committee
A new proposed rule creates transparency in the Appraisal Management Company (AMC) complaint process by adding an investigative Committee review, like the process utilized for appraiser complaints. In instances when a complaint may warrant disciplinary action against an AMC, the new Investigative Committee will assess the complaint and findings and may make a recommendation for further action.
AMC Periodic Review
Proposed rule changes to Section 159.155 remove a specified percentage requirement for the periodic review of appraisal that AMCs perform on appraisers performing appraisal services. AMCs would be required 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.
How to Provide Feedback on Proposed Changes
Written comments on proposed rules will be accepted for 30 days after they appear in the Texas Register. Use the online comment tool.
Changes to TALCB AMC Forms
The Board approved changes to AMC forms for clarity. The affected forms are:
- Appraisal Management Company (AMC) Request for Inactive Status
- Appraisal Management Company (AMC) Request for Active Status
- Renewal of Registration as an Appraisal Management Company (AMC)
- Appraisal Management Company (AMC) Change of Owner
- Appraisal Management Company (AMC) Change of Primary Contact
Redline versions of the forms are available beginning on page 186 in the Meeting Materials. The newly revised forms will be available online by September 1, and other appraiser forms are available on the TALCB website.
The above is a summary of highlights of TALCB’s August 2023 meeting. To view the full agenda and meeting materials, click here. The Board’s next meeting is November 10.
