Rule #
(click link to download) |
Topic |
Date of Commission Action |
Effective Date |
Comments |
22 TAC §157.11 (adopted)
|
Contested Cases; Entry of Appearance; Continuance |
1/13/2012 |
2/2/2012 |
The amendment to Section 157.11;
- deletes an erroneous reference to the statute relating to notice of hearing and conforms it to general provisions regarding contested cases for appraisal management companies
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22 TAC §159.52 (adopted new)
|
Fees |
1/13/2012 |
3/5/2012 |
New Section 159.52;
- establishes applications, renewal, and other fees in amounts sufficient for the administration of the AMC registration program
|
22 TAC §159.154 (adopted new)
|
Competency of Appraisers |
1/13/2012 |
3/5/2012 |
New 159.154;
- clarifies the requirements to verify the competency of an appraiser
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22 TAC §159.155 (adopted new)
|
Period Review of Appraisals |
1/13/2012 |
3/5/2012 |
New 159.155;
- establishes requirements to perform Standard 3 reviews of five percent of all appraisals performed within a year
|
22 TAC §159.157 (adopted new)
|
Compensation of Appraisers |
1/13/2012 |
3/5/2012 |
New 159.157;
- clarifies the statutory requirement that registrants compensate appraisers at a rate that is customary and reasonable by requiring registrants to establish a compensation policy in accordance with federal law
- prohibits registrants from requiring appraisers to sign a certification that the fee he or she was paid is customary and reasonable.
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22 TAC §153.1 (adopted)
|
Definitions |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.1:
- clarify that appraisal involves opinions, rather than estimates, of value
- modify the definition of “provisional license” to delete references to the statue regarding issuance of a provisional license, as House Bill 2375 repealed that license category
- add the definition of “USPAP” to reference the Uniform Standards of Professional Appraisal Practice
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22 TAC §153.5 (adopted)
|
Fees |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.5:
- increase most application and renewal fees by $10 per two-year licensure period. The trainee application and renewal fees, which were previously for a one-year approval, are adopted to be reduced on an annualized basis and restated as two-year fees (trainee approvals are proposed to be changed from one year to two years in the proposed amendment to §153.10)
- reduce from one year to six months the period of time during which a person may renew an expired license by paying a fee of two times the timely renewal fee and would amend a reference to the state treasury to the Texas Treasury Safekeeping Trust Company in accordance with fiscal changes due to the passage of Senate Bill 1000
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22 TAC §153.10 (adopted)
|
Issuance of Certification, License, or Trainee Approval |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.10:
- change the license period for a trainee approval from one year to two years
|
22 TAC §153.11 (adopted)
|
Licensing and Certification for Persons with Criminal Histories |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.11:
- implement the provision of House Bill 2375 that prohibits an applicant who has failed the examination three times from retaking it until he or she has completed additional education as required by the Board
- require an applicant who failed by one to five points to take 15 hours of additional education, an applicant who failed by six to ten pointed to take 30 hours, etc., with a maximum of 60 hours of additional education
|
22 TAC §153.13 (adopted)
|
Educational Requirements |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.13:
- mirror previous amendments to §153.18, Appraiser Continuing Education (ACE), to extend clarifications regarding the duration of course approval and the process for revoking the approval of courses, to pre-licensure courses.
|
22 TAC §153.16 (adopted)
|
Provisional License |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.16:
- implement House Bill 2375's repeal of the provisional license category, deleting references to the issuance of such a license (approximately 20 provisional licenses that were issued prior to House Bill 2375's May 27, 2011 effective date remain valid until their expiration)
|
22 TAC §153.20 (adopted)
|
Guidelines for Revocation, Suspension, or Denial of Licensure or Certification |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.20:
- implement provisions of House Bill 2375 that authorize the Board to issue probationary licenses and certifications, subject to reasonable terms and conditions as established by the Board
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22 TAC §153.21 (adopted)
|
Appraiser Trainees and Sponsors |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.21:
- change the trainee approval period from one year to two years and clarify that a trainee may be placed on inactive status
|
22 TAC §153.23 (adopted)
|
Inactive Certificate or License |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.23:
- specifically authorize inactive status for trainees
|
22 TAC §153.26 (adopted)
|
Identity Theft |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.26:
- is primarily a non-substantive reorganization of provisions relating to identity theft
- clarifies that the form on which an appraiser who is the victim of identity theft is to report the issue to the Board is on the appraiser complaint form
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22 TAC §153.27 (adopted)
|
Certification and Licensure by Reciprocity |
10/12/2011 |
11/01/2011 |
The amendments to Section 153.27:
- conform the rules regarding issuance of a license or certification by reciprocity to changes made in House Bill 2375 as required by the federal Dodd-Frank Wall Street Reform and Consumer Protection Act
- extend reciprocity, subject to the usual background check requirements, to licensed and certified appraisers from any state whose appraiser program has not been disapproved by the Appraisal Subcommittee
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22 TAC §157.1 (adopted)
|
Definitions |
10/12/2011 |
11/01/2011 |
The amendments to Section 157.1:
- the definitions in 22 TAC Section 153.1 apply to actions against an appraiser
- the definitions in 22 TAC Section 159.1 apply to actions against an appraisal management company
|
22 TAC §157.7 (adopted)
|
Denial of a License [or Issuance of an Adverse Criminal History Evaluation Letter] |
10/12/2011 |
11/01/2011 |
The amendments to Section 157.7:
- clarify that a person requesting a criminal history evaluation letter does not have a right to appeal the determination (until and unless the person actually files an application) and further extends the provisions of the section to appraisal management companies
|
22 TAC §159.1 (adopted)
|
Definitions |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.1:
- establishes definitions relevant to registration and regulation of appraisal management companies (AMCs)
|
22 TAC §159.3 (adopted)
|
Appraisal Management Company Advisory Committee |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.3:
- establishes parameters for the Appraisal Management Company Advisory Committee
|
22 TAC §159.4 (adopted)
|
Jurisdiction and Exemptions |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.4:
- clarifies the Board’s jurisdiction over AMCs acting within various exceptions to the registration requirement as outlined in Chapter 1104
|
22 TAC §159.101 (adopted)
|
Registration Requirements |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.101:
- requires registrants to notify the Board within 30 days after beginning or ceasing to use an assumed business name
|
22 TAC §159.102 (adopted)
|
Eligibility for Registration; Ownership |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.102:
- permits applicants to rely on Appraisal Subcommittee records for the purpose of certifying to the Board that its owners have not had adverse action against a license that would prevent the applicant from becoming registered as an AMC
|
22 TAC §159.103 (adopted)
|
Applications |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.103:
- establishes technical requirements for applications
- requires registrants to retain ownership records for a period of five years from the date of application
|
22 TAC §159.104 (adopted)
|
Primary Contact; Appraiser Contact |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.104:
- establishes parameters for the primary contact and appraiser contact
- establishes a process by which a registrant may add, remove, or change either of these persons
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22 TAC §159.105 (adopted)
|
Denial of Registration |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.105:
- establishes moral character/criminal history requirements, standards for evaluating criminal history information, and the process by which the Board may deny an application for registration
|
22 TAC §159.107 (adopted)
|
Expiration |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.107:
- provides that a registration is valid for the term for which it was issued unless it is suspended or revoked for cause
|
22 TAC §159.108 (adopted)
|
Renewal |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.108:
- establishes a process for the issuance of renewal notices and for the renewal of a registration
|
22 TAC §159.109 (adopted)
|
Inactive Status |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.109:
- provides a process for returning to active status
- clarifies that a registrant may not engage in any act for which registration is required while on inactive status
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22 TAC §159.156 (adopted)
|
Business Records |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.156:
- clarifies that a communication between an AMC and an appraiser is “substantive” if it relates to the appraiser’s qualifications or to the scope of work of an assignment
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22 TAC §159.159 (adopted)
|
Disclosure of Registration |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.159:
- clarifies that the requirement that registrants include their registration number on all documents used to procure appraisals applies to all types of documents used for that purpose but not to general advertisements
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22 TAC §159.161 (adopted)
|
Appraiser Panel |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.161:
- establishes a process by which a panelist may be added to or terminated from a panel
|
22 TAC §159.162 (adopted)
|
Dispute Resolution |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.162:
- provides guidelines for a registrant’s dispute resolution process as required under the Act
|
22 TAC §159.201 (adopted)
|
Guidelines for Revocation, Suspension, or Denial of a Registration |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.201:
- establishes parameters for the revocation, suspension, or denial of a registration for conduct, as articulated in the rule, that suggests that a person is unfit to act as an AMC
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22 TAC §159.204 (adopted)
|
Complaint Processing |
10/12/2011 |
11/01/2011 |
The amendments to Section 159.204:
- establishes a process, modeled after the process for complaints against an appraiser, by which the Board would receive and process complaints against AMCs
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