Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

Chapter 1. ARCHITECTS

Subchapter D. CERTIFICATION AND ANNUAL REGISTRATION

22 TAC §1.65

The Texas Board of Architectural Examiners proposes an amendment to rule §1.65 for Title 22, Chapter 1, Subchapter D, pertaining to the procedure for registrants to renew registration annually. The amendment to this rule would permit registrants to request, and the agency to provide, the required notice of the upcoming expiration of the registrant's registration and the need to renew registration via e-mail. The rule is amended to require each registrant to provide to the agency notice of the registrant's change of address or change of e-mail address within thirty days after the address change so that the annual renewal notice may be sent to the proper address. The registrant must provide the notice of the change of address to the agency in writing. The rule as amended explicitly allows the registrant to provide the written notice via e-mail, fax, on the agency's web site, or by U.S. mail. Currently, the rule requires the registrant's notice of his or her change of address to be written and signed and submitted to the agency within sixty days after the change of address. The amendments to the rule eliminate the required signature on the change of address notice, shorten the deadline for registrants to provide the notice to the Board by thirty days, and allow the registrants' notice to be sent to the agency electronically.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Ms. Hendricks has also determined that for the first five-year period the section is in effect the public benefits expected as a result of the amendment to the rule are to provide greater opportunities and greater convenience for registrants to communicate with the agency and provide the agency a means to send the required renewal notice to registrants in a more efficient and less costly manner. There will be no additional impact on small business. There will be no change in the cost to persons required to comply with the section.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to §1051.202 of Texas Occupations Code Annotated Chapter 1051, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities.

The proposed amendment to this section does not affect any other statutes.

§1.65.Annual Renewal Procedure.

(a) The Board shall send an annual registration renewal notice to each Architect [ at the Architect's current address of record ]. An Architect must notify the Board in writing (e-mail, fax, on the agency's Web site, or by U.S. mail) each time the Architect's address of record changes, and the written notice of the Architect's change of address must be [ signed by the Architect and ] submitted to the Board within thirty (30) days after [ sixty (60) days of ] the effective date of the change of address. Upon request by an Architect, the Board shall send the annual registration renewal notice via e-mail. An Architect who requests receipt of the renewal notice via e-mail must notify the Board in writing (U.S. mail, on the Board's Web site, e-mail, or fax) each time the Architect's e-mail address of record changes no later than thirty (30) days after the effective date of the change of the e-mail address.

(b) An Architect may renew his/her registration prior to its specified annual expiration date by:

(1) (No change.)

(2) providing the information or documentation requested by the annual registration renewal notice [ and signing the renewal form to verify the accuracy of all information and documentation provided ].

(c) - (g) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 8, 2005.

TRD-200502784

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-8535

22 TAC §1.192

The Texas Board of Architectural Examiners proposes an amendment to rule §1.192 for Title 22, Chapter 1, Subchapter J, pertaining to architecture intern development program. The amendment to this rule is intended to reduce the period during which candidates must work in a full-time capacity in order to earn work credit toward successful completion of the internship. The current rule requires candidates to work no less than thirty-five hours per week for a period of no fewer than ten weeks. As amended, the rule would require candidates to work for a period of eight weeks.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Ms. Hendricks has also determined that for the first five-year period the section is in effect the public benefits expected as a result of the amendment to the rule are that candidates will have a greater opportunity to complete the internship requirements necessary to obtain architectural registration. The current ten-week period conflicts with the academic schedule of candidates who work between semesters. Also, the amendment conforms the rule to the standards of a national organization of architectural registration boards which will assist candidates seeking reciprocal registration. There will be no additional impact on small business. There will be no change in the cost to persons required to comply with the section.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to §1051.202 of Texas Occupations Code Annotated Chapter 1051, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities. The amendment is also proposed pursuant to §1051.705(a)(2) of Texas Occupations Code Annotated Chapter 1051, which requires the Board to prescribe the satisfactory experience working in an architectural office necessary to qualify to take the architectural registration examination.

The proposed amendment to this section does not affect any other statutes.

§1.192.Additional Criteria.

(a) - (b) (No change.)

(c) In order to earn credit for Training Units in any work setting other than a post-professional degree or teaching or research, an Applicant must:

(1) work at least thirty-five (35) hours per week for a minimum period of eight (8) [ ten (10) ] consecutive weeks; or

(2) (No change.)

(d) - (f) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 8, 2005.

TRD-200502785

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-8535

22 TAC §3.65

The Texas Board of Architectural Examiners proposes an amendment to rule §3.65 for Title 22, Chapter 3, Subchapter D, pertaining to the procedure for registrants to renew registration annually. The amendment to this rule would permit registrants to request, and the agency to provide, the required notice of the upcoming expiration of the registrant's registration and the need to renew registration via e-mail. The rule is amended to require each registrant to provide to the agency notice of the registrant's change of address or change of e-mail address within thirty days after the address change so that the annual renewal notice may be sent to the proper address. The registrant must provide the notice of the change of address to the agency in writing. The rule as amended explicitly allows the registrant to provide the written notice via e-mail, fax, on the agency's web site, or by U.S. mail. Currently, the rule requires the registrant's notice of his or her change of address to be written and signed and submitted to the agency within sixty days after the change of address. The amendments to the rule eliminate the required signature on the change of address notice, shorten the deadline for registrants to provide the notice to the Board by thirty days, and allow the registrants' notice to be sent to the agency electronically.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Ms. Hendricks has also determined that for the first five-year period the section is in effect the public benefits expected as a result of the amendment to the rule are to provide greater opportunities and greater convenience for registrants to communicate with the agency and provide the agency a means to send the required renewal notice to registrants in a more efficient and less costly manner. There will be no additional impact on small business. There will be no change in the cost to persons required to comply with the section.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to §1051.202 of Texas Occupations Code Annotated Chapter 1051, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities.

The proposed amendment to this section does not affect any other statutes.

§3.65.Annual Renewal Procedure.

(a) The Board shall send an annual registration renewal notice to each Landscape Architect [ at the Landscape Architect's current address of record ]. A Landscape Architect must notify the Board in writing (e-mail, fax, on the agency's Web site, or by U.S. mail) each time the Landscape Architect's address of record changes, and the written notice of the Landscape Architect's change of address must be [ signed by the Landscape Architect and ] submitted to the Board within thirty (30) days after [ sixty (60) days of ] the effective date of the change of address. Upon request by a Landscape Architect, the Board shall send the annual registration renewal notice via e-mail. A Landscape Architect who requests receipt of the renewal notice via e-mail must notify the Board in writing (U.S. mail, on the Board's Web site, e-mail, or fax) each time the Landscape Architect's e-mail address of record changes no later than thirty (30) days after the effective date of the change of the e-mail address.

(b) A Landscape Architect may renew his/her registration prior to its specified annual expiration date by:

(1) (No change.)

(2) providing the information and documentation requested by the annual registration renewal notice [ and signing the renewal form to verify the accuracy of all information and documentation provided ].

(c) - (g) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 8, 2005.

TRD-200502786

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-8535

22 TAC §5.75

The Texas Board of Architectural Examiners proposes an amendment to rule §5.75 for Title 22, Chapter 5, Subchapter D, pertaining to the procedure for registrants to renew registration annually. The amendment to this rule would permit registrants to request, and the agency to provide, the required notice of the upcoming expiration of the registrant's registration and the need to renew registration via e-mail. The rule is amended to require each registrant to provide to the agency notice of the registrant's change of address or change of e-mail address within thirty days after the address change so that the annual renewal notice may be sent to the proper address. The registrant must provide the notice of the change of address to the agency in writing. The rule as amended explicitly allows the registrant to provide the written notice via e-mail, fax, on the agency's web site, or by U.S. mail. Currently, the rule requires the registrant's notice of his or her change of address to be written and signed and submitted to the agency within sixty days after the change of address. The amendments to the rule eliminate the required signature on the change of address notice, shorten the deadline for registrants to provide the notice to the Board by thirty days, and allow the registrants' notice to be sent to the agency electronically.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Ms. Hendricks has also determined that for the first five-year period the section is in effect the public benefits expected as a result of the amendment to the rule are to provide greater opportunities and greater convenience for registrants to communicate with the agency and provide the agency a means to send the required renewal notice to registrants in a more efficient and less costly manner. There will be no additional impact on small business. There will be no change in the cost to persons required to comply with the section.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to §1051.202 of Texas Occupations Code Annotated Chapter 1051, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities.

The proposed amendment to this section does not affect any other statutes.

§5.75.Annual Renewal Procedure.

(a) The Board shall send an annual registration renewal notice to each Interior Designer [ at the Interior Designer's current address of record ]. An Interior Designer must notify the Board in writing (e-mail, fax, on the agency's Web site, or by U.S. mail) each time the Interior Designer's address of record changes, and the written notice of the Interior Designer's change of address must be [ signed by the Interior Designer and ] submitted to the Board within thirty (30) days after [ sixty (60) days of ] the effective date of the change of address. Upon request by an Interior Designer, the Board shall send the annual registration renewal notice via e-mail. An Interior Designer who requests receipt of the renewal notice via e-mail must notify the Board in writing (U.S. mail, on the Board's Web site, e-mail, or fax) each time the Interior Designer's e-mail address of record changes no later than thirty (30) days after the effective date of the change of the e-mail address.

(b) An Interior Designer may renew his/her registration prior to its specified annual expiration date by:

(1) (No change.)

(2) providing the information or documentation requested by the annual registration renewal notice [ and signing the renewal form to verify the accuracy of all information and documentation provided ].

(c) - (g) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 8, 2005.

TRD-200502787

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-8535

22 TAC §7.10

The Texas Board of Architectural Examiners proposes an amendment to rule §7.10 for Title 22, Chapter 7, pertaining to fees charged by the agency. The amendment to this rule would increase fees charged to candidates and registrants for examinations, renewal of registration and reinstatement of registration. The increase in the charge for the architectural registration examination, the landscape architectural registration examination, and the examination for registration as an interior designer reflect increases in the charge made by the examination providers. The amendment would increase the renewal for active resident registration and reinstatement of resident registration by $10. The fee for non-resident active renewal and reinstatement would increase by $20. The fee for renewal of an inactive registration by resident and non-resident registrants would increase by $25. The increases in the fees are reflected in the penalties for renewing a delinquent registration which are imposed by statute. Thus, the penalty for a delinquent renewal for an active registrant would increase by $15, if delinquent by 90 or fewer days, and would increase by $20, if delinquent by more than 90 days but less than one year. The same fifty percent incremental penalty also applies to delinquent renewals of inactive registration.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended section is in effect, there will be no fiscal implications for local government as a result of enforcing or administering the sections. The estimated increase in revenue to the agency is $200,000 per year. No other fiscal impact to state government is anticipated.

Ms. Hendricks has also determined that for the first five-year period the amendments to the section are in effect the public benefits expected as a result of the amendment to the rule are provide revenue to the agency necessary to cover the cost of agency operations. In addition, the fee increases for the examinations will accurately reflect the actual charges imposed by the examination providers. There will be no additional impact on small business. There will be an increase in the cost to persons required to comply with the section.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to §1051.202 of Texas Occupations Code Annotated Chapter 1051, which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities. The amendment is also proposed pursuant to §§1051.651, 1052.054, and 1053.052 of Texas Occupations Code Annotated Chapters 1051, 1052, and 103, respectively, which requires the board to set fees reasonable and necessary to cover the costs of administering those chapters.

The proposed amendment to this section does not affect any other statutes.

§7.10.Fees--General.

(a) (No change.)

(b) In addition to any fees established elsewhere in these rules, by the Act, or by another provision of Texas law, the following fees shall apply to services provided by the Board:

Figure: 22 TAC §7.10(b)

(c) - (f) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 8, 2005.

TRD-200502788

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-8535

Chapter 623. REGISTRATION AND CERTIFICATION

22 TAC §623.8

The Board of Tax Professional Examiners proposes an amendment to §623.8, Qualifications for Certification as Registered Professional Appraiser (RPA). This amendment implements the ethics course requirement and modifies the course requirement for Class II-appraiser.

Mr. David E. Montoya, Executive Director of the Board of Tax Professional Examiners, has determined that for the first five year period in which the proposed rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Mr. Montoya has also determined that for the first five-year period in which proposed rule is in effect, the proposed new section will not have an adverse economic effect on small businesses because the amended section of these rules impose no additional burden on small businesses.

The probable economic cost to persons required to comply with the amendment will be $200 incurred during first year registered with the Board.

Mr. Montoya has determined that for the first five-year period in which the proposed rule is in effect, the anticipated public benefit is the assurance that all tax professionals will be better educated in the area of ethics, thus ensuring faith and confidence in the Property Tax Professional Certification Act.

Comments on the proposal may be submitted to David E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners, 333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention at (512) 305-7304.

The amendment is proposed under the authority of Texas Civil Statutes Occupations Code, Chapter 1151 Property Taxation Professional Certification Act, which provides the Board of Tax Professional Examiners with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other article, statute or code is affected by this proposed amendment.

§623.8.Qualifications for Certification as Registered Professional Appraiser (RPA).

(a) The person accepted and registered in the field of appraisal will be initially designated as Class I-appraiser, and must qualify for Class II-appraiser at a date no later than one year after the date of registration. To qualify for Class II-appraiser the registrant must:

(1) complete one year of experience in appraising for property tax purposes;

(2) pass an education course approved by the board in the Texas property tax system ; [ and pass an education course approved by the board in introduction to appraisal. ]

(3) effective January 1, 2006 pass an education course approved by the board in Ethics.

(b) - (c) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502818

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-7300

22 TAC §623.9

The Board of Tax Professional Examiners proposes an amendment to §623.9, Qualifications for Certifications as Registered Texas Assessor/Collector (RTA). This amendment implements the ethics course requirement and modifies the course requirement for Class II-assessor/collector.

Mr. David E. Montoya, Executive Director of the Board of Tax Professional Examiners, has determined that for the first five-year period in which the proposed rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Mr. Montoya has also determined that for the first five-year period in which proposed rule is in effect, the proposed new section will not have an adverse economic effect on small businesses because the amended section of these rules impose no additional burden on small businesses.

The probable economic cost to persons required to comply with the amendment will be $200 incurred during first year registered with the Board.

Mr. Montoya has determined that for the first five-year period in which the proposed rule is in effect, the anticipated public benefit is the assurance that all tax professionals will be better educated in the area of ethics, thus ensuring faith and confidence in the Property Tax Professional Certification Act.

Comments on the proposal may be submitted to David E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners, 333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention at (512) 305-7304.

The amendment is proposed under the authority of Texas Civil Statutes Occupations Code, Chapter 1151 Property Taxation Professional Certification Act, which provides the Board of Tax Professional Examiners with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other article, statute or code is affected by this proposed amendment.

§623.9.Qualifications for Certifications as Registered Texas Assessor/Collector (RTA).

(a) The person accepted and registered in the field of assessing/collecting will be initially designated as Class I-assessor/collector, and must qualify for Class II-assessor/collector at a date no later than one year after the date of registration. To qualify for Class II-assessor/collector, the registrant must:

(1) complete one year of experience in assessing/collecting;

(2) pass an education course approved by the board in the Texas property tax system ; and [ and pass an education course approved by the board in introduction to appraisal. ]

(3) effective January 1, 2006, pass an education course approved by the board in Ethics.

(b) - (c) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502819

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-7300

22 TAC §623.10

The Board of Tax Professional Examiners proposes an amendment to §623.10, Qualifications for Certifications as Registered Texas Collector (RTC). This amendment implements the ethics course requirement and modifies the course requirement for Class II-collector.

Mr. David E. Montoya, Executive Director of the Board of Tax Professional Examiners, has determined that for the first five year period in which the proposed rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Mr. Montoya has also determined that for the first five-year period in which proposed rule is in effect, the proposed new section will not have an adverse economic effect on small businesses because the amended section of these rules impose no additional burden on small businesses.

The probable economic cost to persons required to comply with the amendment will be $200 incurred during first year registered with the Board.

Mr. Montoya has determined that for the first five-year period in which the proposed rule is in effect, the anticipated public benefit is the assurance that all tax professionals will be better educated in the area of ethics, thus ensuring faith and confidence in the Property Tax Professional Certification Act.

Comments on the proposal may be submitted to David E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners, 333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention at (512) 305-7304.

The amendment is proposed under the authority of Texas Civil Statutes Occupations Code, Chapter 1151 Property Taxation Professional Certification Act, which provides the Board of Tax Professional Examiners with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other article, statute or code is affected by this proposed amendment.

§623.10.Qualifications for Certifications as Registered Texas Collector (RTC).

(a) The person who is accepted and registered in the field of collected will be initially designated as Class I-collector, and must qualify for Class II-collector at a date no later than one year after the date of registration. To qualify for Class II-collector, the registrant must:

(1) complete one year of experience in collecting property taxes;

(2) pass an education course approved by the board in the Texas property tax system ; and [ and pass an education course approved by the board in introduction to appraisal. ]

(3) effective January 1, 2006, pass an education course approved by the board in Ethics.

(b) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502820

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-7300

22 TAC §623.12

The Board of Tax Professional Examiners proposes an amendment to §623.12, Recertification. This amendment implements the USAP and ethics requirement for recertification for all certified property tax professionals.

Mr. David E. Montoya, Executive Director of the Board of Tax Professional Examiners, has determined that for the first five year period in which the proposed rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Mr. Montoya has also determined that for the first five-year period in which proposed rule is in effect, the proposed new section will not have an adverse economic effect on small businesses because the amended section of these rules impose no additional burden on small businesses.

The probable economic cost to persons required to comply with the amendment will be $400 incurred during the five year recertification period for every certified property tax professional registered with the Board.

Mr. Montoya has determined that for the first five-year period in which the proposed rule is in effect, the anticipated public benefit is the assurance that all tax professionals will be better educated in the area of USPAP and ethics, thus ensuring faith and confidence in the Property Tax Professional Certification Act.

Comments on the proposal may be submitted to David E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners, 333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention at (512) 305-7304.

The amendment is proposed under the authority of Texas Civil Statutes Occupations Code, Chapter 1151 Property Taxation Professional Certification Act, which provides the Board of Tax Professional Examiners with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other article, statute or code is affected by this proposed amendment.

§623.12.Recertification.

(a) Certification as a registered professional appraiser (RPA) or as a registered Texas assessor/collector (RTA) or registered Texas Collector (RTC) must be renewed on the fifth anniversary date of certification and on each fifth anniversary of recertification so long as the registrant is employed under conditions which require registration with the board. To be recertified as an RPA or an RTA or an RTC the registrant must:

(1) be active in the field of appraising or assessing/collecting or collecting , and renew registration annually with the board for a period of five years (or periods totaling five years) from the date of certification or the date of the last recertification; and

(2) RPA [ or RTA ] be awarded not less than 75 continuing education units (CEUs) during that five-year period , including completion of ethics and USPAP required training which shall be a portion of the 75 continuing education units (CEUs). RTA be awarded not less than 75 continuing education units (CEUs) during that five-year period, including completion of ethics required training which shall be a portion of the 75 continuing education units (CEUs) . RTC be awarded not less than 25 continuing education units (CEUs) during that five-year period , including completion of ethics required training which shall be a portion of the 25 continuing education units (CEUs) .

(b) - (e) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502821

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-7300

22 TAC §623.17

The Board of Tax Professional Examiners proposes new Board rule §623.17, Training of Chief Appraisers. This proposed new rule would implement the USPAP requirement for all registered professional appraisers.

Mr. David E. Montoya, Executive Director of the Board of Tax Professional Examiners, has determined that for the first five year period in which the proposed new rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Mr. Montoya has also determined that for the first five-year period in which the proposed new rule is in effect, the rule will not have an adverse economic effect on small businesses because the new rule imposes no additional burden on small businesses.

The probable economic cost to persons required to comply with the new rule will be $200 incurred upon initial certification as a registered professional appraiser registered with the Board.

Mr. Montoya has determined that for the first five-year period in which the proposed new rule is in effect, the anticipated public benefit is the assurance that all tax professionals will be better educated in the area of USPAP, thus ensuring faith and confidence in the Property Tax Professional Certification Act.

Comments on the proposed new rule may be submitted to David E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners, 333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention at (512) 305-7304.

The new rule is proposed under the authority of Texas Civil Statutes Occupations Code, Chapter 1151 Property Taxation Professional Certification Act, which provides the Board of Tax Professional Examiners with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other article, statute or code is affected by this proposed new rule.

§ 623.17.Training for Chief Appraisers.

(a) House Bill 2382, 79th Legislature, Regular Session, 2005, requires the board to implement not later than January 1, 2006 a training program for newly appointed chief appraisers.

(b) The chief appraiser training program will provide the appointee with information regarding:

(1) Property Taxation Professional Certification Act;

(2) the programs operated by the board;

(3) the role and functions of the board;

(4) the rules of the board, with an emphasis on the rules that relate to ethical behavior;

(5) the role and functions of the chief appraiser, the appraisal district board of directors, and the appraisal review board;

(6) the importance of maintaining the independence of an appraisal office from political pressure;

(7) the importance of prompt and courteous treatment of the public;

(8) the finance and budgeting requirements for an appraisal district, including appropriate controls to ensure that expenditures are proper; and

(9) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government Code;

(D) other laws relating to public officials, including conflict-of-interest laws; and

(E) the standards of ethics imposed by the Uniform Standards of Professional Appraisal Practice.

(c) The training program may only be provided by a provider approved by the board.

(d) Section 3(b) and (c), House Bill 2382, 79th Legislature, Regular Session, 2005, provide, respectively (1) that a person is not required to complete the training program for newly appointed chief appraisers to serve as a chief appraiser for an appraisal district until July 1, 2006 and (2) that the change in law made by the enactment of Section 5.042, Tax Code prohibiting a person from serving as chief appraiser unless the person has completed the training program for newly appointed chief appraisers applies only to a chief appraiser appointed on or after July 1, 2006.

(e) A person may serve in a temporary, provisional, or interim capacity as chief appraiser for a period of up to one year without completing the training required by this section.

(f) This training is not required for a county assessor-collector who serves as chief appraiser under Section 6.05(c) of the Tax Code.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502822

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-7300

22 TAC §623.18

The Board of Tax Professional Examiners proposes new Board rule §623.18, USPAP Training for all Registered Professional Appraisers. This proposed new rule would implement the USAP requirement for all registered professional appraisers.

Mr. David E. Montoya, Executive Director of the Board of Tax Professional Examiners, has determined that for the first five year period in which the proposed new rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering this section.

Mr. Montoya has also determined that for the first five-year period in which the proposed new rule is in effect, the rule will not have any adverse economic effect on small businesses because the new rule imposes no additional burden on small businesses.

The probable economic cost to persons required to comply with the proposed new rule will be $200 incurred upon initial certification as a registered professional appraiser registered with the Board.

Mr. Montoya has determined that for the first five-year period in which the proposed new rule is in effect, the anticipated public benefit is the assurance that all tax professionals will be better educated in the area of USPAP, thus ensuring faith and confidence in the Property Tax Professional Certification Act.

Comments on the proposed new rule may be submitted to David E. Montoya, Executive Director, Texas State Board of Tax Professional Examiners, 333 Guadalupe, Tower II, Suite 520, Austin, Texas 78701 or faxed to his attention at (512) 305-7304.

The new rule is proposed under the authority of Texas Civil Statutes Occupations Code, Chapter 1151 Property Taxation Professional Certification Act, which provides the Board of Tax Professional Examiners with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other article, statute or code is affected by this proposed new rule.

§623.18.USPAP Training for All Registered Professional Appraisers.

(a) Effective January 1, 2006, all registered professional appraisers must complete the required USPAP training as provided in subsection (b) of this section within the calendar year following the year of their initial designation as registered professional appraisers.

(b) The required USPAP training program will provide information regarding the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the appraisal standards board of the appraisal foundation.

(c) The training program may only be provided by a provider approved by the board.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 11, 2005.

TRD-200502823

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Earliest possible date of adoption: August 21, 2005

For further information, please call: (512) 305-7300