PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
CHAPTER 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
The Texas Appraiser Licensing and Certification Board (TALCB) proposes an amendment to §153.5 regarding Fees. The proposed amendment would waive licensing and certification fees for employees of the TALCB who only use the license or certification for Board appraisal work.
Devon V. Bijansky, Counsel, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the section. There is no anticipated impact on local or state employment as a result of implementing the section. There is no anticipated impact on small businesses or micro-businesses as a result of implementing the proposed amendment. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.
Ms. Bijansky has also determined that the anticipated public benefit as a result of this amendment is an enhanced ability to fulfill the Board's mission due to availability of additional funds without additional cost to the public.
Comments on the proposal may be submitted to Devon V. Bijansky, Counsel for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under the Texas Occupations Code, §1103.156, Fees.
The statute affected by this proposal is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the proposed amendment.
§153.5.Fees.
(a) - (c) (No change.)
(d) Licensing fees are waived for members of the TALCB staff who must maintain a license or certification for employment with the Board only and are not also using the license or certification for outside employment.
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 February 25, 2009.
TRD-200900845
Devon V. Bijansky
Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 12, 2009
For further information, please call: (512) 465-3900
The Texas Appraiser Licensing and Certification Board (TALCB) proposes amendments to §153.20 regarding revocation, suspension, or denial of license or certification. The proposed amendments clarify that a person seeking reinstatement of a license or certification must meet all requirements that would apply if the person's license or certification was expired. The proposed amendments also allow the Board to pursue credit card chargebacks and other reversed payments in the same manner as bad checks.
Devon V. Bijansky, Counsel, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the section. There is no anticipated impact on local or state employment as a result of implementing the section. There is no anticipated impact on small businesses or micro-businesses as a result of implementing the proposed section. There is no anticipated economic cost to persons who are required to comply with the proposed section.
Ms. Bijansky has also determined that the anticipated public benefit as a result of this section is increased clarity regarding the requirements for reinstatement of a license or certification, as well as equal application of policies regarding reversed payments to the Board.
Comments on the proposal may be submitted to Devon V. Bijansky, Counsel for the Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under the Texas Occupations Code, Chapter 1103, Subchapter D, Board Powers and Duties.
The statute affected by this proposal is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the proposed amendments.
§153.20.Guidelines for Revocation, Suspension, or Denial of License or Certification.
(a) The board may suspend or revoke a license, certification, authorization or registration issued under provisions of this Act or deny issuing a license, certification, authorization or registration to an applicant at any time when it has been determined that the person applying for or holding the license, certification, authorization, or registration:
(1) - (13) (No change.)
(14) has had a final civil judgment [judgement
] entered against him or her on any one of the following grounds:
(A) - (C) (No change.)
(15) has failed to make good on a payment [check
] issued to the board within thirty days after the board
has mailed a request for payment by certified mail to the licensee's
last known business address as reflected by the board's records;
(16) has knowingly or willfully [wilfully]
engaged in false or misleading conduct or advertising with respect
to client solicitation;
(17) - (23) (No change.)
(b) - (c) (No change.)
(d) A person applying for reinstatement after revocation or surrender of a license or certification must comply with all requirements that would apply if the license or certification had instead expired.
(e) [(d)] The provisions of this
section do not relieve a person from civil liability or from criminal
prosecution under the Act or under the laws of this State.
(f) [(e)] The board may not investigate
under this section a complaint submitted either more than two years
after the date of discovery or more than two years after the completion
of any litigation involving the incident, whichever event occurs later,
involving the state licensed real estate appraiser, provisional licensed
appraiser, state certified real estate appraiser, or appraiser trainee
who is the subject of the complaint.
(g) [(f)] Except as provided
by Tex. Gov. Code §402.031(b) and Tex. Penal Code §32.32(d),
there shall be no undercover or covert investigations conducted by
authority of the Act.
(h) [(g)] All board members,
officers, directors, and employees of this agency shall be held harmless
with respect to any disclosures made to the board in connection with
any complaints filed with the board.
(i) [(h)] A license, certification,
authorization or registration may be revoked or suspended by the Attorney
General or other court of competent jurisdiction for failure to pay
child support under provisions of Chapter 232 of the Texas Family Code.
(j) [(i)] A certified or licensed
appraiser who files a complaint against another certified or licensed
appraiser that the board determines to be frivolous is liable for
a civil penalty. At the request of the board, the attorney general
or a district or county attorney may institute a civil action in district
court to collect a penalty under this subsection. A civil penalty
under this subsection may not be less than $500 or more than $10,000.
A civil penalty recovered in a suit instituted under this subsection
shall be deposited in the state treasury to the credit of the general
revenue fund.
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 February 25, 2009.
TRD-200900846
Devon V. Bijansky
Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: April 12, 2009
For further information, please call: (512) 465-3900
CHAPTER 535. GENERAL PROVISIONS
SUBCHAPTER R. REAL ESTATE INSPECTORS
The Texas Real Estate Commission (TREC) proposes an amendment to §535.212 concerning Education and Experience Requirements for an Inspector License. The amendment updates a reference to the recently revised standard inspection report form, which was not changed when the REI 7A-0 form was replaced by the REI 7A-1, effective February 1, 2009.
Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the amendment. There is no anticipated economic cost to persons who are required to comply with the proposed amendment. There is no anticipated impact on small businesses, micro-businesses, or local or state employment as a result of implementing the amendment.
Ms. Bijansky also has determined that for each year of the first five years the amendment as proposed is in effect, the public benefit anticipated as a result of enforcing the sections is to ensure that education providers are offering training, and persons pursuing licensure as inspectors are properly trained, in the use of the current inspection report form.
Comments on the proposed amendment may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed amendment.
§535.212.Education and Experience Requirements for an Inspector License.
(a) Education requirements.
(1) - (4) (No change.)
(5) The following subjects shall be considered core real estate inspection courses for purposes of additional education requirements under subsection (b)(1)(B) of this section.
(A) - (I) (No change.)
(J) Standard Report Form/Report Writing, which shall include the following topics:
(i) required use of report form REI 7A-1[0];
(ii) - (vi) (No change.)
(K) (No change.)
(6) - (9) (No change.)
(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 March 2, 2009.
TRD-200900910
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 12, 2009
For further information, please call: (512) 465-3900