Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 153.
RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
22 TAC §153.18
The Texas Appraiser Licensing and Certification Board adopts
amendments to §153.18, Appraiser Continuing Education, with changes to
the proposed text as published in the April 11, 2003, issue of the
Texas Register
(28 TexReg 3033).
These amendments conform the appraiser continuing education requirements
for the Uniform Standards of Professional Appraisal Practice (USPAP) to the
Appraisal Qualifications Board (AQB) criteria and interpretations. It requires
the Appraisal Foundation's National USPAP Update Course, National USPAP Course,
or their equivalents, for meeting renewal requirements. It also permits an
additional hour of Texas specific USPAP, TALCB, and enforcement related issues
to be included.
The Foundation Appraisers Coalition of Texas (FACT) provided written comments,
which were generally supportive. FACT suggested grammatical changes by removing
"and" at the end of the clauses in §153.18(d)(2)(H)(i), (ii) and (iii).
It also expressed concerns about allowing an optional one hour of Texas specific
topics to be attached to the standardized National USPAP and National USPAP
Update courses. The Board agreed with the removal of the "ands" in (i) and
(ii), but did not agree to change the optional one-hour Texas specific information,
since this was a way to update our licensees on current issues, policies,
and regulations.
The amendments are adopted under the Powers and Duties of the
Board, Texas Appraiser Licensing and Certification Act, §5 (Vernon's
Texas Civil Statutes, Article 6573a.2), which provides the board with authority
to adopt rules.
§153.18.Appraiser Continuing Education.
(a)
Renewing a Certification or License. An appraiser must
successfully complete the equivalent of at least 28 classroom hours of appraiser
continuing education (ACE) courses approved by the board during the two year
period preceding the expiration of the certification or license. Renewals
shall include a minimum of seven classroom hours devoted to the Uniform Standards
of Professional Appraisal Practice (USPAP). The courses must comply with the
requirements set out in subsection (d) of this section.
(b)
Renewing an Appraiser Trainee Approval. As a condition
for renewing an appraiser trainee authorization, a trainee must successfully
complete educational courses during the one-year period preceding the expiration
of the appraiser trainee authorization being renewed. The courses must comply
with the fundamental education requirements for application for licensing
and certification set out is §153.13 (e)-(n) of this title (relating
to Educational Requirements):
(1)
For the first annual renewal and every other annual renewal
thereafter (third, fifth, seventh, etc.) a total of 45 classroom hours which
shall include a minimum of 30 classroom hours of fundamental real estate appraisal
courses and 15 classroom hours in a course devoted to the USPAP. The courses
must specifically be approved by the board and shall include successful completion
of an examination; and
(2)
For the second annual renewal and every other annual renewal
thereafter (fourth, sixth, etc.), a minimum of 30 classroom hours of fundamental
real estate appraisal courses specifically approved by the board, which shall
include the successful completion of an examination.
(c)
The appraiser continuing education requirement as set forth
in section 153.17 of this title (relating to Renewal of Certification, License
or Trainee Approval) for a person previously licensed or certified by the
board under this act who is on active duty in the United States armed forces
and serves in this capacity outside the State of Texas are deferred until
the next renewal of a license or certification provided the person furnishes
a copy of official orders or other official documentation acceptable to the
board showing that the person was on active duty outside the state during
the person's last renewal period.
(d)
In approving ACE courses, the board shall base its review
and approval of appraiser continuing education courses upon the then current
appraiser qualifications criteria of the Appraiser Qualifications Board (AQB).
(1)
The purpose of ACE is to ensure that certified and licensed
appraisers participate in programs that maintain and increase their skill,
knowledge, and competency in real estate appraising.
(2)
The following types of educational offerings that may be
accepted for meeting the ACE requirements are listed in subparagraphs (A)-(K)
of this paragraph:
(A)
A course that meets the requirements for certification
or licensing also may be accepted for meeting ACE provided:
(i)
The course is devoted to one or more of the appraisal related
topics of the then current appraiser qualifications criteria of the Appraiser
Qualifications Board (AQB) for continuing education;
(ii)
the course was not repeated within a three year period;
and
(iii)
the educational offering is at least two hours in length.
(B)
The board shall accept as continuing education any continuing
education offering that complies with the guidelines of the AQB and is recognized
by the Appraisal Subcommittee that a licensed or certified appraiser was awarded
by a national appraiser organization approved by the board as a provider of
qualifying education;
(C)
A course specifically approved by the board for meeting
ACE offered by a provider as specified in §153.13(e)(2) of this title
(relating to Educational Requirements), provided the course is devoted to
one or more of the appraisal related topics of the then current appraiser
qualifications criteria of the AQB for continuing education and the course
is at least two hours in duration;
(D)
A course that meets the Texas Real Estate Commission mandatory
continuing education (MCE) requirements, provided it is devoted to one or
more of the appraisal related topics of the then current appraiser qualifications
criteria of the AQB for continuing education, and which specifically has been
approved by the board.
(E)
A seminar or other educational offering that deals with
appraisal issues, offered by an appraiser trade association, a related association,
or by a federal or state governmental agency, provided the offering was at
least two hours in duration, and is devoted to one or more of the appraisal
related topics of the then current appraiser qualifications criteria of the
AQB for continuing education.
(F)
Distance education courses, provided that the course is
approved by the board and meets one of the following conditions listed in
clauses (i)-(iv) of this subparagraph:
(i)
the course is presented to an organized group in an instructional
setting with a person qualified and available to answer questions, provide
information, and monitor student attendance, and is a minimum of two classroom
hours and meets the requirements for continuing education courses established
by the AQB; or
(ii)
the course either has been presented by an accredited
college or university that offers distance education programs in other disciplines
, or has received either the American Council on Education's Program on Non-collegiate
Sponsored Instruction (ACE/PONSI), or its successor, approval for college
credit or the AQB's approval through the AQB Course Approval Program; and
the course meets the following requirements listed in subclauses (I)-(II)
of this clause:
(I)
the course is equivalent to a minimum of two classroom
hours in length and meets the requirements for real estate appraisal-related
courses established by the Appraiser Qualifications Board; and
(II)
the student successfully completed a written examination
proctored by an official approved by the presenting college or university
or by the sponsoring organization consistent with the requirements of the
course accreditation; or if a written examination is not required for accreditation,
the student successfully completes the course mechanisms required for accreditation
with demonstrated mastery and fluency (said mechanisms must be present in
a course without an exam in order to be acceptable).
(iii)
the content and length of the course must meet the requirements
for appraiser continuing education established by this chapter and must be
devoted to one or more of the appraisal related topics of the then current
appraiser qualifications criteria of the AQB for continuing education; and
(iv)
a minimum time equal to the number of hours of credit
must elapse from the date of course enrollment until its completion.
(G)
"In-house" education and training are not acceptable for
meeting the appraiser continuing education (ACE) requirements.
(H)
To be acceptable for meeting the Uniform Standards of Professional
Appraisal Practice (USPAP), appraiser continuing education (ACE) requirement,
a course must:
(i)
be the National USPAP Update Course or National USPAP Course
or its equivalent as determined by the AQB;
(ii)
use the current edition of the Uniform Standards of Professional
Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of
the Appraisal Foundation;
(iii)
provide each student with his or her own permanent copy
of the current Uniform Standards of Professional Appraisal Practice (USPAP)
promulgated by the Appraisal Standards Board of the Appraisal Foundation;
additionally,
(iv)
providers may include up to one additional hour of supplemental
Texas specific information. This may include such topics as the TALCB Act,
TALCB Rules, processes and procedures, enforcement issues, or other topics
deemed to be appropriate by the board
(I)
Courses specifically approved by the Appraiser Qualifications
Board (AQB) of the Appraisal Foundation are acceptable for meeting ACE requirements.
(J)
As part of the 28 classroom hour ACE requirement, an appraiser
must successfully complete a minimum of seven classroom hours of instruction
devoted to the USPAP before each renewal.
(K)
Appraiser continuing education credits may also be granted
for participation, other than as a student, in real estate appraisal educational
processes and programs. Examples of activities for which credit may be granted
are teaching, educational program development, authorship of real estate appraisal
textbooks, or similar activities that are determined by the board to be equivalent
to obtaining appraiser continuing education. Appraisal experience may not
be substituted for ACE.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on May 27, 2003.
TRD-200303244
Renil C. Linér
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: June 16, 2003
Proposal publication date: April 11, 2003
For further information, please call: (512) 465-3950
Chapter 461.
GENERAL RULINGS
22 TAC §461.3
The Texas State Board of Examiners of Psychologists adopts
amendments to §461.3, concerning Former Board Members, without changes
to the proposed text as published in the February 28, 2003, issue of the
The amendments are being adopted in order to clarify that former Board
members may be utilized as oral examiners or professional reviewers in furtherance
of the Board's licensing and enforcement.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303216
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 12, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7700
22 TAC §461.7
The Texas State Board of Examiners of Psychologists adopts
amendments to §461.7, concerning License Statuses, without changes to
the proposed text as published in the February 28, 2003, issue of the
The amendments are being adopted in order to (1) explicitly state that
a person with a pending complaint cannot go on inactive status, (2) clarify
the meaning of "restricted status", and (3) eliminate the "resigned in lieu
of delinquency" status due to its not being used.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303217
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 12, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7700
22 TAC §461.11
The Texas State Board of Examiners of Psychologists adopts
amendments to §461.11, concerning Continuing Education, without changes
to the proposed text as published in the February 28, 2003, issue of the
The amendments are being adopted in order to (1) add a requirement that
three hours of continuing education per year be taken in the area of ethics
or professional responsibility; (2) make clear that online courses are accepted
provided they have a certificate of completion; and (3) clarify that certain
licensees may declare Continuing Education on online license renewal forms.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303218
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 1, 2004
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7700
22 TAC §461.15
The Texas State Board of Examiners of Psychologists adopts
amendments to §461.15, concerning Compliance with Act, Rules, Board Directives
and Orders, without changes to the proposed text as published in the February
28, 2003, issue of the
Texas Register
(28
TexReg 1804) and will not be republished.
The amendments are being adopted in order to clarify the responsibility
of a licensee to comply with Board requests for information pursuant to an
investigation.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303219
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 12, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7700
22 TAC §461.17
The Texas State Board of Examiners of Psychologists adopts
amendments to §461.17, concerning Profile Information, without changes
to the proposed text as published in the February 28, 2003, issue of the
The amendments are being adopted in order to clarify that providing profile
information is a requirement for annual license renewal (online or otherwise)
for licensed psychologists.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303220
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 12, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7700
22 TAC §463.2
The Texas State Board of Examiners of Psychologists adopted
amendments to §463.2, concerning Application Process, without changes
to the proposed text as published in the February 28, 2003 issue of the
The amendments are being adopted in order to clarify that an applicant
may have two simultaneous applications with the Board, provided the second
application is to become an LSSP.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303221
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 12, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7700
22 TAC §463.9
The Texas State Board of Examiners of Psychologists adopted
amendments to §463.9, concerning Licensed Specialist in School Psychology,
without changes to the proposed text as published in the February 28, 2003
issue of the
Texas Register
(28 TexReg 1805).
The amendments are being adopted in order to clarify that all applicants
for a license as a licensed specialist in school psychology must have a formal
internship through a regionally accredited institution of higher education.
The adopted rule will make the rules easier for the licensees and public
to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 23, 2003.
TRD-200303222
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: June 12, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7700
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 463.
APPLICATIONS AND EXAMINATIONS
Chapter 469.
COMPLAINTS AND ENFORCEMENT