Emergency Sections 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days. 
 Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 1. ADMINISTRATION 
 Part X. Department of Information Resources 
  Chapter 201. Planning and Management of Information Resources Technologies 
  
  1 TAC sec.sec.201.5, 201.9, 201.13 
 
  The Department of Information Resources adopts on an emergency basis 
amendments to sec.sec.201.5, 201.9, and 201.13, concerning the planning and 
management of information resources technologies. 
 The sections describe the procedures for review of analyses of project 
acquisition alternatives, review of acquisition specifications, and information 
resources standards and policies. 
 The sections adopted on an emergency basis are simultaneously proposed for 
public comment in this issue of the Texas Register. The sections are adopted on 
an emergency basis to ensure all necessary rules comply with the provisions of 
legislation enacted by the 73rd Legislature, Regular Session. 
 The sections are adopted on an emergency basis under Texas Revised Civil 
Statutes, Article 4413(32j), sec.9(a), which authorizes the department to adopt 
rules as necessary to carry out its responsibility under the Information 
Resources Management Act. 
 
 
  sec.201.5. Agency Planning. 
 
  (a)-(e) (No change.) 
   
  (f) Review of State Agency Analyses of Project Acquisition Alternatives. 
 
  (1) Applicability. 
 
  (A) (No change.) 
   
  (B) <nl>The<ol> [Through August 31, 1993, the] provisions of this subsection 
shall only apply to any state agency <nl>specified in Article V, sec.96(6) of 
the General Appropriations Act<ol> [with the general appropriation rider 
entitled "DIR Review Required"]. 
     
  (2)-(5) (No change.) 
 
       
  sec.201.9. <nl>Board Policies [Review of Acquisition Specifications for 
Information Resources under Article 4413(32j), sec.18]. 
 
  [(a) Applicability. 
 
  [(1) Specification review is required for state agency acquisitions of 
information resources estimated to meet or exceed the following dollar amounts 
within one fiscal year for any single procurement or set of related procurements 
comprising a single project as described in an agency's initial or final 
operating plan: 
 
  [(A) $50,000, including all related procurements but excluding internal 
development costs, for a state agency with 99 or fewer full-time equivalent 
employees; 
   
  [(B) $100,000, including all related procurements but excluding internal 
development costs, for a state agency with more than 99 and fewer than 500 full-
time equivalent employees; 
   
  [(C) $250,000, including all related procurements but excluding internal 
development costs, for a state agency with more than 499 and fewer than 1,000 
full-time equivalent employees; 
   
  [(D) $500,000, including all related procurements but excluding  27>internal 
development costs, for a state agency with 1,000 or more full-time equivalent 
employees. 
     
  [(2) Specification review is also required for state agency acquisitions of 
information resources: 
 
  [(A) meeting any of the following criteria, subject to the estimated dollar 
amounts established by agency size as determined in paragraph (1) of this 
subsection: 
 
  [(i) geographic information systems; 
   
  [(ii) information resources services contracts related to programming; 
   
  [(iii) wide area network implementations or expansions; 
   
  [(iv) system conversions consisting of conversion of one hardware system, 
operating system, or application system, including a data base management 
system, to another; 
   
  [(v) statewide or interagency application implementations or expansions; 
   
  [(vi) imaging system implementations or expansions; or 
   
  [(vii) proprietary or sole-source acquisitions, except for routine upgrades 
for existing information resources technology previously approved in the 
appropriate operating plan; 
     
  [(B) for all proposals, regardless of cost, subject to additional review as 
stipulated by the department in approvals for operating plans; or 
   
  [(C) for information resources services contracts, with a contract cost of at 
least $10,000, including those subject to Texas Civil Statutes, Articles 664-4 
and 6252-11c, related to: information resources project planning, design, 
management, conversion, documentation, training, implementation, or development; 
selecting systems development methodologies or other information resources 
technology tools; and supporting disaster recovery. 
     
  [(3) An agency's size is determined by the number of full time employees 
reported for the quarter ending in May, in the prior fiscal year's Quarterly 
Report of Full Time Equivalent State Employees, published by the Classification 
Division of the Office of the State Auditor. 
   
  [(4) A state agency shall not subdivide an acquisition to avoid specification 
review by the department. 
     
  [(b) Submittal procedures. 
 
  [(1) When a state agency has completed its specifications to purchase, lease, 
or otherwise incur a contractual obligation to a private, non-governmental 
entity meeting criteria established in subsection (a) of this section, it shall 
file its specifications with the department. In the interest of efficient and 
expeditious review, the department also requires the agency to submit 
information concerning the specification to the department on a Specification 
Transmittal Form provided by the department. 
   
  [(2) The specifications and the Specification Transmittal Form must be 
submitted by the agency head or information resources manager. 
   
  [(3) Submissions of the Specification Transmittal Form must comply with 
instructions published by the department and distributed to each state agency. 
 
  [(A) The Specification Transmittal Form shall contain the following minimum 
information in the format defined by the department for acquisitions meeting the 
provisions of paragraph (a)(1) of this section: category of procurement, method 
of acquisition, source of funds, terms of financing, a specification for new or 
used equipment, a description of technical specification and configuration and 
individual item and total project cost information. 
   
  [(B) The Specification Transmittal Form shall also contain the following 
information in the format defined by the department for acquisitions meeting the 
provisions of paragraph (a)(2) of this section: updated statements of need, 
performance objectives, and the cost benefit analysis of alternative solutions. 
   
  [(C) The Specification Transmittal Form shall be submitted to satisfy 
requirements for additional information under provisions of sec.201.5(f) of this 
title (relating to Agency Planning). 
     
  [(4) Specifications and the Specification Transmittal Form must be submitted 
to the department at least 30 days before the procurement is executed, except 
under provisions established in subsection (d)(1) and (d)(2) of this section. 
Specifications for open market procurements that must be processed by the State 
Purchasing and General Services Commission may be submitted no later than May 1 
of that fiscal year; specifications for procurements that are not processed by 
the State Purchasing and General Services Commission may be submitted no later 
than July 15 of that fiscal year. 
     
  [(c) Review procedures. 
 
  [(1) The department will evaluate specifications and the Specification 
Transmittal Form for consistency with the agency final operating plan as 
determined by: 
 
  [(A) conformance with administrative rule, the State Strategic Plan for 
Information Resources Management, statewide standards, and board policies as 
contained in subsection (e) of this section; 
   
  [(B) completeness based on published instructions; and 
   
  [(C) cost-effective implementation of information resources technologies. 
     
  [(2) For the purpose of applying this Section to procurements processed from 
the effective date of this section until the due date of the first agency final 
operating plan under sec.201.5(c) of this title (relating to Agency Planning), 
the department will consider an approved initial operating plan to be a final 
operating plan. 
   
  [(3) Within 10 days after initial receipt of the specification and the 
Specification Transmittal Form, the department shall, with reasonable 
specificity, notify the submitting state agency of all supporting or other 
information the department requires to conduct its review. The date of receipt 
of the specification is either the initial date of arrival of the proposal, or 
the date that any supporting or other information, if requested, is received. 
Review shall commence on the date of receipt. 
   
  [(4) The department shall review each specification and the Specification 
Transmittal Form and shall, within 30 days after the date of its receipt, notify 
the state agency and, for acquisitions made through the State Purchasing and 
General Services Commission, the commission in writing whether or not the 
acquisition may be completed. Upon completion of its review, the department will 
forward the specification to the State Purchasing and General Services 
Commission or return it to the agency for further action. If the department does 
not act within the time allowed, the acquisition may be completed. 
   
  [(5) An agency may appeal to the board, under provisions of sec.201.5(e), any 
acquisition disapproved by the department. 
     
  [(d) Exemptions. 
 
  [(1) A state agency may procure information resources without first complying 
with the procedures prescribed by this section if the agency finds that a 
situation caused by fire, natural disaster, or other actual emergency requires 
the action to be taken. The agency must report and explain to the department any 
emergency action within 30 days after the action is taken. 
   
  [(2) An institution of higher education as defined by the Education Code, 
sec.61.003, is not required to submit for departmental approval procurements or 
purchase specifications for information technologies that are acquired through 
contracts and grants for instruction or research purposes. 
     
  [(e) Board policies.] 
 
  [(1)] The executive director is hereby delegated authority by the board to 
grant a requesting state agency a compliance waiver from administrative rule, 
statewide standards, or other board policies [in this subsection (e)]. A state 
agency may request a compliance waiver from administrative rule, statewide 
standards or other board policy. The agency must clearly demonstrate to the 
department through written justification any performance or cost advantages to 
be gained and that the overall economic interests of the state are best served 
by granting the compliance waiver. The [department will act on requests for 
waivers under provisions of subsection (c) of this section, with the additional 
procedure that the] executive director of the department will notify the board 
when requests for waivers are received. [Any agency to which a waiver is granted 
must report procurements obtained under the waiver in its annual performance 
report to the department.] 
   
  [(2) Interagency transfers of information resources technology and sharing 
applications. When a state agency proposes an information resources acquisition, 
the agency and the department will investigate the availability of the proposed 
technology or application from another agency. A state agency must notify the 
department of intent to replace and/or dispose of equipment with a fair market 
value of at least $15,000 prior to completing the disposition and prior to 
completing specifications and the Specification Transmittal Form subject to 
subsection (a) of this section. 
   
  [(3) Geographic information systems. A state agency must notify the department 
of any proposed action to implement a final operating plan by purchases of data 
files, and acquisition or enhancements of geographic information systems at an 
estimated value of $15,000 or more, prior to the completion of acquisition 
specifications. The department shall use information obtained through this 
notification procedure to establish and maintain a registry of information 
concerning existing and proposed geographic information systems installations 
and geographic related databases to promote statewide coordination and 
interagency cooperation in the use of this technology. 
   
  [(4) Used equipment. Agencies shall solicit remanufactured or used information 
resources technology when proposing acquisitions, if available and economical, 
and performance requirements of the agency may be met over the life of the 
technology. The cost-effectiveness of maintenance services for the proposed 
information technology acquisition may be considered in the analysis of 
alternatives. 
   
  [(5) Information Resources Services. A state agency may acquire information 
resources services subject to Texas Civil Statutes, Articles 664-4 and 6252-11c, 
from an individual or a private firm under subsection (a)(2)(C) of this section 
when the following criteria are met: 
 
  [(A) where services are required on an intermittent or temporary basis within 
a fiscal year, or for repeated or extended arrangements beyond a single fiscal 
year under extraordinary circumstances; 
   
  [(B) where state or federal legislation mandates projects or deadlines that 
cannot be achieved otherwise, or where other time constraints are critical; 
   
  [(C) where services, special knowledge or skills are not available internally 
or from another agency as cost-effectively; or; 
   
  [(D) where system integration projects span multiple agencies, environments, 
and/or platforms.] 
 
         
  sec.201.13. Information Resource Standards and Policies. 
 
  (a) Geographic Information Systems Standards. 
 
  (1)-(3) (No change.) 
   
  (4) Submittal procedures. The agency Information Resource Manager (IRM) will 
certify that Geographic Information Systems development in the agency adheres to 
the "Standards and Guidelines for Geographic Information Systems in the State of 
Texas." [The annual certification will be submitted to the department.] 
   
  (5) (No change.) 
     
  (b) Information security standards. 
 
  (1) Applicability. The following rule constitutes required minimum security 
standards for the protection of automated information resources for agencies of 
the state of Texas. The department requests each agency to complete 
implementation of an information resources security program consistent with 
these standards on or before September 1, 1997, in accordance with the 
implementation schedule of paragraph (12) of this section. Beginning with the 
agency information resources strategic plan to be submitted on January 1, 1993, 
agencies shall include in each biennial strategic plan for information resources 
an overview of their current information security posture and their future plans 
for completing development of a security program, consistent with these 
standards and implementation schedule, over each current strategic planning 
cycle. [Completed implementation actions shall be reported to the department in 
agency annual performance reports.] To assist in the interpretation and 
implementation of these standards, the department has developed the Information 
Resources Security and Risk Management Policy, Standards and Guidelines manual 
which is available on request from the Department of Information Resources, P.O. 
Box 13564, Austin, Texas 78711. 
   
  (2)-(12) (No change.) 
     
  (c)-(d) (No change.) 
 
  Issued in Austin, Texas, on September 2, 1993. 
 TRD-9328261 
  Ann S. Fuelberg 
 Executive Director 
 Department of Information Resources 
    Effective date: September 2, 1993 
 Expiration date: January 1, 1994 
 For further information, please call: (512) 475-4700 
         
           
  1 TAC sec.201.7 
 
  The Department of Information Resources repeals on an emergency basis 
sec.201.7, concerning agency annual performance reports for information 
resources technologies. The section describes the submittal procedures and 
contents for the annual performance reports. 
 The section repealed on an emergency basis is simultaneously proposed for 
public comment in this issue of the Texas Register. The section is repealed on 
an emergency basis to ensure compliance with the provisions of Senate Bill 381, 
enacted by the 73rd Legislature, Regular Session, effective June 19, 1993. 
 The section is repealed on an emergency basis under Texas Civil Statutes, 
Article 4413(32j), sec.9(a), which authorize the department to adopt rules as 
necessary to carry out its responsibility under the Information Resources 
Management Act. 
 
  Issued in Austin, Texas, on September 2, 1993. 
 TRD-9328262 
  Ann S. Fuelberg 
 Executive Director 
 Department of Information Resources 
    Effective date: September 2, 1993 
 Expiration date: January 1, 1994 
 For further information, please call: (512) 475-4700 
         
             
  TITLE 22. EXAMINING BOARD 
 Part VIII. Texas Appraiser Licensing and Certification Board 
  Chapter 151. Practice and Procedure 
  
  22 TAC sec.sec.151.1, 151.6, 151.11, 151.12, 151.15, 151.17, 151. 18, 151.19, 
151.22, 151.27, 151.28 
 
  The Texas Appraiser Licensing and Certification Board adopts on an emergency 
basis amendments to sec.sec.151.1, 151.6, 151.11, 151.12, 151.15, 151. 17, 
151.18, 151.19, 151.22, 151.27, and 151.28, concerning practice and procedure 
for the licensing and certification of real estate appraisers. 
 The amendments are adopted on emergency basis to conform the rules to the Texas 
Appraiser Licensing and Certification Act (Texas Civil Statutes, Article 
6573a.2) as amended by House Bill-2644, 73rd Legislature, Regular Session, 1993, 
to conform with Title XI of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (12 United States Code, sec.3331, et seq), to conform to 
other state laws, and to make technical and consistency corrections. 
 The Texas Appraiser Licensing and Certification Act (Texas Civil Statutes, 
Article 6573a.2) provide the Texas Appraiser Licensing and Certification Board 
with authority to adopt rules and regulations necessary for the performance of 
its duties. 
 
 
  sec.151.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
  <nl>   Act-The Texas Appraiser Licensing and Certification Act. 
 
   
  sec.151.6. Motions for Postponement, Continuance, Withdrawal, or Dismissal. 
Motions for postponement, continuance, withdrawal, or dismissal of matters which 
have been duly set for hearing shall be in writing and shall be filed with the 
board not less than five [(5)] days prior to the designated date that the matter 
is to be heard. Such motion shall set forth, under oath, the specific grounds 
upon which the moving party seeks such action and shall make reference to all 
prior motions of the same nature filed in the same proceeding. 
 
   
  sec.151.11. Request for Comments; Hearing; Explanation of Board Action. 
 
  <nl>(a) The commissioner shall review and make recommendations to the board 
concerning the adoption of rules relating to: 
 
  <nl>(1) the licensing and certification examination; 
   
  <nl>(2) education and experience requirements for licensing and certification; 
   
  <nl>(3)  continuing education for a licensed or certified appraiser; 
   
  <nl>(4)  standards of professional practices and ethics for a licensed or 
certified appraiser; 
   
  <nl>(5) standards for a real estate appraisal performed by a licensed or 
certified appraiser; and 
   
  <nl>(6) the fees to be established by the board to be charged for the 
implementation of the Act. 
     
  <nl>(b) Prior to the adoption of any rule, all interested persons shall have 
reasonable opportunity to submit data, views, or arguments, orally or in 
writing. In the case of substantive rules, a public hearing shall be granted if 
requested in writing by at least 25 persons, by a governmental subdivision or 
agency, or by an association having at least 25 members; the request must be 
duly filed with the board within 15 days after publication of the notice of 
intent. All written and oral submissions concerning the proposed rule shall be 
considered fully. On the adoption of a rule, the board, if requested in writing 
by any interested person prior to or within 30 days after adoption, shall issue 
a concise statement of the principal reasons for and against its adoption, 
incorporating in the statement its reason for overruling the considerations 
urged against its adoption. <nl>Once adopted, the commissioner shall administer 
the rules. 
 
     
  sec.151.12. Emergency Rules. <ol> The board may adopt emergency rules 
<nl>under the Texas Government Code, sec.2001.034<ol> without prior notice or 
hearing, if it finds that an imminent peril to the public health, safety, or 
welfare requires adoption on fewer than 30 days notice and states in writing its 
reason for that finding. The rule may be effective for a period not longer than 
120 days, renewable once for a period not exceeding 60 days. An emergency rule 
adopted pursuant to this rule and the board's written reasons for the adoption 
shall be filed in the office of the Secretary of State. 
 
   
  sec.151.15. Denial of a License.<nl> If the board denies a certification or 
license to an applicant under the Act, the board immediately shall give written 
notice of the denial to the applicant.<ol> Notice and hearings relating to 
denial of a license issued by the board shall be governed by the Act [Texas 
Appraiser Licensing and Certification Act] and by <nl>the Texas Government Code, 
sec.2001.001 et seq <ol> [Texas Civil Statutes, Article 6252-13a]. In the case 
of an application for approval as an appraiser trainee the board shall also 
notify a sponsoring certified or licensed appraiser of the denial, but a 
sponsoring appraiser is not required to request a hearing or to be named or 
admitted as a party in the proceeding before the board. A hearing pursuant to 
this section shall be held at a place designated by the board. Failure to 
request a hearing timely waives judicial appeal, and the board determination 
becomes final and unappealable. 
 
   
  sec.151.17. Notice of Hearing. 
 
  <nl>(a) The notice of hearing shall be served by personal service or certified 
mail <nl>return receipt requested<ol> not <nl>later than the 30th day before<ol> 
[less than ten days prior to] the date set for the hearing. The notice must 
include a statement of the time, place, and nature of the hearing; <nl>a 
statement of charges;<ol> a statement of the legal authority and jurisdiction 
under which the hearing is to be held; a reference to the particular sections of 
the statutes and rules involved; and a short and plain statement of the matters 
asserted, or, if the board is unable to state the matters in detail at the time 
the notice is served, the initial notice may be limited to a statement of the 
issues involved. Thereafter, on timely written application, a more definite and 
detailed statement must be furnished not less than three days prior to the date 
set for the hearing. <nl>The statement of charges shall be prepared by the 
prosecuting attorney and must state the acts or omissions which the appraiser is 
charged, including the standards of professional practice or professional 
conduct rules alleged to have been violated. The statement must be in sufficient 
detail to enable the preparation of the appraiser's defense. 
   
  <nl>(b) The notice must contain a statement requiring the appraiser to submit 
an answer not later than the 20th day after the date of receipt of the notice. 
The answer filed by the appraiser must contain: 
 
  <nl>(1) the name, address, and telephone number of the appraiser; 
   
  <nl>(2) a specific statement regarding any or all allegations in the complaint 
in the form of admissions or denials and containing any explanations, remarks, 
or statement of mitigating circumstances the appraiser determines to be 
relevant; and 
   
  <nl>(3) any additional facts or information the appraiser determines to be 
relevant to the investigation and that may assist in the determination of the 
case. 
     
  <nl>(c) The notice prepared by the board shall be reviewed and approved by the 
attorney general. The attorney general shall provide legal representation for 
the public interest in all proceedings before the board. An assistant attorney 
general assigned to prosecute a contested case before the board may not 
represent the board in that case but shall represent the public interest. 
 
     
  sec.151.18. Hearings Before the Board. 
 
  <nl>(a) A contested case hearing may be conducted before a majority of the 
board members and shall be open to the public. The board may provide for an 
administrative law judge to act as presiding officer to conduct the hearing for 
the board. The designated presiding officer shall be in control of the 
proceedings and may administer oaths, admit or exclude testimony or other 
evidence, and rule on all motions and objections. The presiding officer or other 
board members may conduct direct examination of the witnesses at any stage of 
the witness's testimony. Contested proceedings shall be recorded either by 
mechanical or electrical means or by a certified shorthand reporter. The 
proceedings or part of the proceedings shall be transcribed at the request of 
any party, with the expense of transcription charged to the requesting party. 
The recording, stenographic notes, or transcription of oral proceedings shall be 
filed with and maintained by the board for not less than five years from the 
date of the division in the proceedings. <ol>[The chairman of the board or a 
member designated by the chair shall preside over hearings conducted by the 
board. The chairman of the board or a member designated by the chairman for that 
purpose shall rule on the admissibility of evidence or amendments to pleadings. 
] 
   
  <nl>(b) The board and presiding officer may conduct a hearing or enter an 
order or judgment as the board determines appropriate for an appraiser who 
received proper notice of the hearing but who fails to appear in person at the 
hearing. The appraiser shall be bound by the results of the hearing to the same 
extent as if the appraiser had appeared. 
   
  <nl>(c)  Before testimony may be presented in a contested case hearing, the 
record must show the identities of the board members present, of the presiding 
officer, and of the parties and their representatives and must reflect that all 
testimony is being recorded. The appraiser who is the subject of the proceeding 
may challenge any member of the board for cause before the commencement of the 
hearing. The members of the board, with the challenged member abstaining, shall 
decide by a majority vote whether cause exists for the challenge and whether the 
challenged member may participate in the hearing. The board shall set dates, 
time, and rules for hearings and shall rule on all issues. Hearings shall be 
conducted in the following order, subject to modification at the discretion of 
the board: 
 
  <nl>(1) the presiding officer shall read a summary of the charges and answers 
to the charges and other responsive pleadings filed by the appraiser before the 
hearing; 
   
  <nl>(2) the assistant attorney general representing the public interest before 
the board shall make a brief opening statement, including a summary of charges 
and the witnesses and documents to support the charges; 
   
  <nl>(3) the appraiser may make an opening statement, including the names of 
any witnesses the appraiser may call; 
   
  <nl>(4) evidence shall be presented for the state, including a summary made at 
the close of the evidence on behalf of the state; 
   
  <nl>(5) evidence shall be presented for the appraiser; 
   
  <nl>(6) rebuttal evidence may be presented for the state; 
   
  <nl>(7) rebuttal evidence may be presented for the appraiser; and 
   
  <nl>(8) closing arguments are made first for the state, then for the 
appraiser, and finally for the state on rebuttal. 
     
  <nl>(d) The presiding officer may grant immunity from disciplinary action 
before the board to a witness only on the unanimous vote of all members of the 
board hearing the case. The official record of the hearing must include the 
reasons for granting the immunity. 
   
  <nl>(e) Copies of documents offered as evidence at the hearing shall be 
provided to opposing parties. Copies shall also be provided to members of the 
board. To the extent the appraiser believes the appraiser is being asked to 
reply to accusations, charges, innuendoes, or facts for the first time in the 
hearing, the appraiser may respond to the evidence to the board either in 
writing or at a subsequent scheduled meeting of the board. However, the 
assistant attorney general assigned to prosecute the case before the board shall 
be allowed to continue to present evidence during the hearing. 
   
  <nl>(f) By a majority vote of the members hearing the contested matter, the 
board shall make findings of fact and conclusions of law and may take one or 
more of the following actions: 
 
  <nl>(1) dismissal of the charges, including an order that the file in the case 
is confidential; 
   
  <nl>(2) suspension or revocation of the appraiser's license or certification; 
   
  <nl>(3) imposition of a period of probation with or without conditions; 
   
  <nl>(4) a requirement that the appraiser submit to reexamination for licensing 
or certification as an appraiser; 
   
  <nl>(5) a requirement that the appraiser participate in additional 
professional education or continuing education; 
   
  <nl>(6)  issuance of a public or private reprimand or a warning; 
   
  <nl>(7)  issuance of a consent order; or 
   
  <nl>(8) imposition of an administrative penalty, the amount of which shall be 
set at the discretion of the board at an amount not to exceed $1,000 for each 
violation or $5,000 for multiple violations in one hearing, to be paid not later 
than the 20th day after the date of final disposition of the case. 
     
  <nl>(g) A member of the board is entitled to quasi-judicial immunity from suit 
for actions as a member of the board, provided the actions are in compliance 
with the law. 
 
     
  sec.151.19. Limitations on Number of Witnesses.  The <nl>chair<ol> [chairman] 
of the board or member designated by the <nl>chair <ol> [chairman] shall have 
the right in any proceeding to limit the number of witnesses whose testimony is 
merely cumulative. 
 
   
  sec.151.22. Subpoenas; Depositions; Discovery. The issuance of subpoenas and 
commissions and the taking and use of depositions in a contested case shall be 
governed by <nl>the Texas Government Code, sec.sec.2001.081-2001. 103 <ol> 
[Texas Civil Statutes, Article 6252-13a, sec.14].  <nl>Commissions 
<ol>[Subpoenas and commissions] may be issued by the <nl>chair<ol> [chairman] or 
a member designated by the <nl>chair <ol> [chairman]. <nl>The commissioner shall 
issue subpoenas for books, papers, records, witnesses, or other evidence on 
reasonable cause shown after a verbal or written request specifying the 
documents sought and full names and addresses of the witnesses sought is made. 
Discovery procedures applicable to a civil action are available to the parties 
in the proceeding under the Act. A party or the board may petition the district 
court for its enforcement of a subpoena. 
 
   
  sec.151.27. Final Decisions and Orders. A final decision or order adverse to a 
party in a contested case must be in writing or stated in the record. A final 
decision must include findings of fact and conclusions of law, separately 
stated. Findings of fact, if set forth in statutory language, must be 
accompanied by a concise and explicit statement of the underlying facts 
supporting the findings. Parties shall be notified either personally or by 
<nl>certified mail, return receipt requested<ol> [first class mail] of any 
decision or order. When the board issues a final decision or order ruling on a 
motion for rehearing, the board shall send a copy of that final decision or 
order by <nl>certified mail, return receipt requested <ol> [first class mail] to 
the attorneys of record and shall keep an appropriate record of that mailing. If 
a party is not represented by an attorney of record, then the board shall send a 
copy of a final decision or order ruling on a motion for rehearing <nl>by 
certified mail, return receipt requested <ol> [first class mail] to that party, 
and the board shall keep an appropriate record of that mailing. A party or 
attorney of record notified by mail of a final decision or order as required by 
this section shall be presumed to have been notified on the date such notice is 
mailed. A final decision must be rendered within 60 days after the date the 
hearing is finally closed. <nl>The final decision of the board shall be filed 
with the commissioner. Final decisions of the board relating to disciplinary 
actions, including consent agreements and consent orders, may be transmitted to 
other states and made available to the public. 
 
   
  sec.151.28. Finality of Decisions. 
 
  <nl>(a) Not later than the 20th day after the day of issuance of a final 
decision, a party may file an application with the board for a rehearing stating 
the specific grounds for rehearing and the relief sought. The application shall 
be denied if it is not granted before the 20th day after the date of service on 
the commissioner of the board. The decision made on the conclusion of the 
original proceeding may not be reversed or modified for procedural, evidentiary, 
or other error that did not cause substantial injustice to the parties. The 
decision made on a rehearing may incorporate by reference any or all parts of 
the decision made at the conclusion of the original proceeding. On rehearing, 
the board shall consider facts not presented in the original proceeding if: 
 
  <nl>(1)  the facts arose after the original proceeding was concluded; 
   
  <nl>(2)  the party offering the evidence could not reasonably have provided 
the evidence at the original proceedings; or 
   
  <nl>(3) the party offering the additional evidence was misled by any party as 
to the necessity for offering the evidence at the original proceeding. 
     
  <nl>(b) A decision is final, in the absence of a timely motion for rehearing, 
on the expiration of the period for filing a motion for rehearing. A decision is 
final and appealable on the date of rendition of the order overruling a motion 
for rehearing, or on the date the motion for rehearing is overruled by operation 
of law. A decision is final and appealable on the date rendered if the board 
finds that an imminent peril to the public health, safety, or welfare requires 
immediate effect, in which event the decision or order shall recite the finding 
and the fact that the decision is final and effective on the date rendered. 
 
  Issued in Austin, Texas, on September 3, 1993. 
 TRD-9328428 
  Renil C. Liner 
 Commissioner 
 Texas Appraiser Licensing and Certification Board 
    Effective date: September 7, 1993 
 Expiration date: January 6, 1994 
 For further information, please call: (512) 465-3950 
         
                 
  TITLE 22. EXAMINING BOARDS 
 Part VIII. Texas Appraiser Licensing and Certification Board 
  Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act 
  
  22 TAC sec.sec.153.1, 153.3, 153.5, 153.7, 153.9, 153.11, 153.13, 153.15, 
153.17, 153.19, 153.20, 153.21, 153.25, 153.27, 153.29, 153.31, 153.33, 153.35, 
153.37 
 
  The Texas Appraiser Licensing and Certification Board adopts on an emergency 
basis amendments to sec.sec.513.1, 153.3, 153.5, 153.7, 153.9, 153.11, 153.13, 
153.15, 153.17, 153.19, 153.20, and 153.21, and new sec.sec.153.25, 153. 27, 
153.29, 153.31, 153.33, 153.35, and 153.37, concerning the licensing and 
certification of real estate appraisers. 
 The amendments and additions are adopted on an emergency basis to conform the 
rules to the Texas Appraiser Licensing and Certification Act as amended by House 
Bill-2644, 73rd Legislature, Regular Session, 1993, to conform with Title XI of 
the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 
U.S.C. Section 3331, et seq), to conform to other state laws, and to make 
technical and consistency corrections. 
 The amendments and additions help permit real estate appraisers to become 
licensed or certified in Texas and thereby eligible to appraise real property 
for federally-related transactions in compliance with the federal Title XI of 
the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 
(FIRREA). 
 The Texas Appraiser Licensing and Certification Act (Texas Civil Statutes, 
Article 6573a.2) provides the Texas Appraiser Licensing and Certification Board 
with authority to adopt rules and regulations necessary for the performance of 
its duties. 
 
 
  sec.153.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise: 
   
   Act-The Texas Appraiser Licensing and Certification Act. 
   
   Analysis-The act or process of providing information, recommendations, or 
conclusions on diversified problems in real estate other than estimating value. 
   
   Applicant-A person seeking to be certified or licensed as an appraiser or 
approved as an appraiser trainee. 
   
   Appraisal-A written statement used in connection with a federally-related 
transaction that is independently and impartially prepared by a licensed or 
certified appraiser that states an opinion of the defined value of an adequately 
described property as of a specific date that is supported by the presentation 
and analysis of relevant market information. 
   
   Appraisal Standards Board-The Appraisal Standards Board (ASB) of the 
Appraisal Foundation or its successor. 
   
   Appraisal Subcommittee -The Appraisal Subcommittee of the Federal Financial 
Institutions Examination Council or its successor. 
   
   Appraiser Qualifications Board-The Appraiser Qualifications Board (AQB) of 
the Appraisal Foundation or its successor. 
   
   Appraiser trainee -A person approved by the Texas Appraiser Licensing and 
Certification Board to perform appraisals under the direction of a sponsoring 
certified [or licensed] appraiser. 
   
   Board-The Texas Appraiser Licensing and Certification Board. 
   
   Classroom hour -Fifty minutes of actual classroom session time. 
   
   Client-Any party for whom an appraiser performs a service. 
   
   College-A junior or community college, senior college, university or any 
other post-secondary educational institution established by the Texas 
Legislature, which is accredited by the Commission on Colleges of the Southern 
Association of Colleges and Schools or like commissions of other regional 
accrediting associations, or is a candidate for such accreditation. 
   
   Commissioner-The commissioner of the Texas Appraiser Licensing and 
Certification Board. 
   
   Council-The Federal Financial Institutions Examination Council (FFIEC) or its 
successor. 
   
   Feasibility analysis -A study of the cost-benefit relationship of an economic 
endeavor. 
   
   Federal financial institution regulatory agency-The Board of Governors of the 
Federal Reserve System, the Federal Deposit Insurance Corporation, the office of 
the Comptroller of the Currency, the Office of Thrift Supervision, the National 
Credit union Administration or the successors of any of those agencies. 
   
   Federally-related transaction -Any real estate-related transaction engaged 
in, <nl>contracted <ol> [contract] for, or regulated by a federal financial 
institution regulatory agency or the Resolution Trust Corporation that requires 
the services of an appraiser. 
   
   Foundation-The Appraisal Foundation or its successor. 
   
   Nonresidential property -A property which does not conform to the definition 
of residential property. 
   
   Person-An individual. 
   
   Personal property -Identifiable portable and tangible objects which are 
considered by the general public as being "personal," for example, furnishings, 
artwork, antiques, gems and jewelry collectibles, machinery, and equipment. 
   
   Real estate-An identified parcel or tract of land, including improvements, if 
any. 
   
   Real estate-related financial transactions-Any transaction involving: the 
sale, lease, purchase, investment in, or exchange of real property, including an 
interest in property or the financing of property; the financing of property or 
an interest in real property; or the use of real property or an interest in real 
property as security for a loan or investment including a mortgage-backed 
security. 
   
   Real property-The interests, benefits, and rights inherent in the ownership 
of real estate. 
   
   Report-Any communication, written or oral, of an appraisal, review, or 
analysis; the document that is transmitted to the client upon completion of an 
assignment. 
   
   Residential property -Property that consists of at least one but not more 
than four residential units. 
   
   Review-The act or process of critically studying a report prepared by 
another. 
   
   State certified real estate appraiser-A person certified under the Texas 
Appraiser Licensing and Certification Act. 
   
   State-licensed real estate appraiser-A person licensed under the Texas 
Appraiser Licensing and Certification Act. 
 
   
  sec.153.3. The Board. 
 
  (a)-(b) (No change.) 
   
  (c)  Meetings of the board may be called by the  <nl>chair<ol> [chairman] on a 
motion by the  <nl>chair<ol> [chairman] or upon the written request of five 
members. Meetings shall be conducted in accordance with Robert's Rules of Order. 
   
  (d) Officers of the board shall consist of a <nl>chair <ol> [chairman], a 
<nl>vice-chair <ol> [vice-chairman] and a secretary <nl>who together form the 
executive committee <ol>. The board shall elect its officers at the February 
meeting or upon creation of a vacancy in an office, whichever first occurs. 
   
  (e) Terms of office for members of the board are established when the members 
are appointed by the governor as provided by the <nl>Act<ol> [Texas Appraiser 
Licensing and Certification Act (the Act)], and members shall continue to serve 
until their successors are qualified. <nl>The appointed members of the board 
shall hold office for terms of two years, for no more than three consecutive 
two-year terms. Two appraiser members and two public members shall serve terms 
that expire on January 31 of each odd-numbered year. Two appraiser members and 
two public members shall serve terms that expire on January 31 of each even-
numbered year. An appointed member qualifies by taking the constitutional oath 
of office within 15 days after appointment. 
   
  <nl>(f) The board shall maintain a roster of individuals who have received a 
state certification or a state license under the Act. The roster must include 
the type of license or certification for each individual listed. The board shall 
transmit to the Appraisal Subcommittee at least annually, a copy of the roster. 
 
     
  sec.153.5. Fees. 
 
  (a) The board shall charge and <nl>the commissioner shall<ol> collect the 
following fees: 
 
  (1) an application fee for certification or licensing of $125; 
   
  [(2) an examination fee of $50]; 
   
  <nl>(2)<ol>[(3)] a renewal fee for a certificate or license of $100; 
   
  <nl>(3)<ol>[(4)] an application fee for approval as an appraiser trainee of 
$50; 
   
  <nl>(4)<ol>[(5)] a renewal fee for appraiser trainee approval of $25; 
   
  <nl>(5)<ol>[(6)] a fee for notifying the board of a change of office location 
of $10; 
   
  <nl>(6) <ol>[(7)] a fee for nonresident appraiser registration of $25; [and] 
   
  <nl>(7)<ol>[(8)] <nl>an <ol> [a] annual federal registry fee of $25; 
   
  <nl>(8) an application fee by reciprocity set at the amount of the fee charged 
in the appraiser's state of present licensure or certification; 
   
  <nl>(9) a fee for providing each licensure history of $10; 
   
  <nl>(10) a fee for a addition or termination of sponsorship of an appraiser 
trainee of $20; and 
   
  <nl>(11) a fee for replacing a lost or destroyed certificate of $15. 
     
  (b) (No change.) 
   
  (c) Appraisers certified or licensed by the board shall pay any annual 
registry fee required under federal law within 30 days after the board mails a 
written request for payment of the fee to the appraiser's last known business 
address as shown in the board's records. If, however, the board requests payment 
of the registry fee in connection with renewal of a certification or license, 
the registry fee must be paid at the same time as the fee for certification or 
license renewal. <nl>All registry fees collected by the board shall be deposited 
in the state treasury to the credit of a special fund to be known as the 
appraiser registry fund. The board shall send the fees to the council as 
required by federal law. 
 
     
  sec.153.7. Categories of Appraiser Certification. 
 
  (a) There is hereby created the category of state-certified general real 
estate appraiser. To be eligible for certification as a state-certified general 
real estate appraiser an applicant must meet the requirements for general 
certification set by these sections and the <nl>Act<ol> [Texas Appraiser 
Licensing and Certification Act (the Act)]. 
   
  (b) (No change.) 
 
     
  sec.153.9. Applications. 
 
  (a) A person desiring to be certified or licensed as an appraiser or approved 
as an appraiser trainee shall file an application using forms prescribed by the 
board; provided, however, forms may be accepted so long as the applicant 
satisfies current requirements for certification or licensing. <nl>The 
commissioner shall review the application and make a recommendation for final 
action to the board. <ol>The board may decline to accept for filing an 
application which is materially incomplete or which is not accompanied by the 
appropriate fee. Except as provided by the <nl>Act <ol> [Texas Appraiser 
Licensing and Certification Act (the Act)] the board may not grant a 
certification, license or approval of trainee status to an applicant unless the 
applicant: 
 
  (1)  pays the fees requested by the board; 
   
  (2) satisfies any experience and education requirements established by the Act 
or by these sections; 
   
  (3) successfully completes any qualifying examination prescribed by the board; 
and 
   
  (4) provides all supporting documentation or information requested by the 
board in connection with the application. 
     
  (b) The Texas Appraiser Licensing and Certification Board adopts by reference 
the following forms approved by the board in 1991 and published and available 
from the board, P.O. Box 12188, Austin, Texas 78711-2188: 
 
  (1) TALCB Form <nl>1.2<ol> [1.1], Application for Appraiser Certification or 
Licensing and Examination. 
   
  (2) TALCB Form <nl>2.2<ol> [2.1], Appraisal Experience Affidavit; 
   
  (3) TALCB Form <nl>3.2<ol> [3.1], Appraisal Experience Log; 
   
  (4) TALCB Form <nl>4. 3<ol> [4.2], Application for Approval as an Appraiser 
Trainee. 
   
  (5)  TALCB Form 5.0, Request for Course Approval and Renewal; [and] 
   
  (6)  TALCB Form <nl>6.1<ol> [6.0], Temporary Non-Resident Appraiser 
Registration<nl>;<ol> [.] 
   
  [(7) TALCB Form 7.0, Joint Affidavit for Experience; and] 
   
  <nl>(7)<ol>[(8)] TALCB Form 8.0, Change of Office Address by a Licensed or 
Certified Appraiser; 
   
  <nl>(8) TALCB Form 9.0, Addition or Termination of Appraiser Trainee 
Sponsorship; and 
   
  <nl>(9)  TALCB Form 10.0, Supplement to Application for Appraiser 
Certification or Licensing by Reciprocity. 
     
  (c) An application may be considered void and subject to no further evaluation 
or processing if an applicant fails to provide information or documentation 
within 60 days after the board makes written request for the information or 
documentation. 
   
  (d) A certification, license, or appraiser trainee approval is valid for the 
term for which it is issued by the board unless suspended or revoked for cause 
and unless revoked, may be renewed in accordance with the requirements of 
sec.153. 17 of this title (relating to Renewals and Continuing Education). 
   
  (e)-(f)  (No change.) 
   
  <nl>(g) An application shall be considered void and subject to no further 
evaluation or processing if the applicant fails to provide acceptable 
documentation that all requirements for licensure, certification, or approval as 
an appraiser trainee have been met within one year of the date the application 
was received by the board, or within one year of the date of the applicant's 
last examination, whichever occurs later. 
 
     
  sec.153.11. Examinations. 
 
  (a) Examinations [administered by the board to applicants] shall be 
administered in accordance with the provisions of this section and the 
<nl>Act<ol> [Texas Appraiser Licensing and Certification Act (the Act)]. <nl>Any 
<ol> [If an] examination [is] conducted by a testing service under contract with 
the board [the examination] shall be conducted in accordance with the procedures 
specified in the contract. 
   
  (b) Each examination shall <nl>be consistent with the examination criteria and 
examination content outline of<ol> [concern the subjects endorsed and approved 
for examinations by] the Appraiser Qualifications Board <nl>(AQB) <ol> for the 
category of license or certification sought [and Texas law related to the 
appraisal of real property]. Each applicant must achieve a <nl>passing score 
acceptable to the AQB<ol> [score of at least 75%] on the examination <nl>to 
become licensed or certified. <ol> An applicant may file an application to take 
the examination on the form approved by the board <nl>or on a form required by 
the testing service under contract with the board<ol> [or may use the 
application form for certification or licensing]. In either case, the applicant 
shall submit the appropriate examination fee as <nl>instructed<ol> [set by the 
board]. <nl>The board shall require the contracted testing serve to notify each 
person taking an examination whether the person has passed or failed the 
examination not later than: 
 
  <nl>(1)  the 31st day after the examination date; or 
   
  <nl>(2) if the examination is graded or reviewed by a national testing 
service, the 31st day after the date on which the board receives the results 
from the national testing service. If notification of the examination results 
will be delayed for more than 90 days after the examination date, the board 
shall notify each examinee of the reason for the delay not later than the 90th 
day after the examination date. The results of the examination are confidential. 
     
  (c)  (No change.) 
   
  (d) <nl>Examinations shall be administered<ol> [The board or any testing 
service under contract with the board shall administer examinations] at 
locations designated by the board. <nl>Applicants <ol> [The board] may  <nl>be 
assigned<ol> [assign] <nl>to<ol> an examination date and site [to an applicant]. 
<nl>The assigned site must be the nearest examination site available to the 
applicant. An applicant who is registered for an examination and fails to attend 
shall forfeit the examination fee<ol> [and does not attend an assigned 
examination shall be deemed to have failed unless the board is notified at least 
one working day before the exam that the applicant will not appear on the 
assigned date]. 
   
  (e) To be authorized for admittance to an examination, the applicant must 
present to the examination proctor <nl>appropriate documentation required by the 
testing service under contract with the board<ol> [an admission ticket issued by 
the board]. Admission tickets <nl>may <ol>[will] specify a date, time, and 
location for the examination and <nl>the admission documents <ol> will be valid 
only for that date. In addition to the admission ticket, examination proctors 
shall require official photo-bearing personal identification of individuals 
appearing for an examination and shall deny entrance to anyone who cannot 
provide adequate identification. Proctors may refuse admittance to an examinee 
or dismiss an examinee prior to the completion of the examination, if in the 
proctor's opinion, the individual's conduct or demeanor is such that the proctor 
feels the individual would be a disruptive influence on the other examinees. 
Proctors may assign a specific seat or desk to each examinee. Proctors may 
require that an examinee be reseated during the course of the examination. 
Proctors may refuse admittance to an examinee who reports to the proctor for 
admittance to the examination after the time the examination is scheduled to 
begin. 
   
  (f) Examinees are permitted to use slide rules or silent, battery-operated, 
electronic, pocket sized calculators. If a calculator has printout capability, 
the use of the calculator must be approved by the examination proctor prior to 
the examination. [Calculators with alpha-numeric keyboards may not be used.] 
   
  (g) Examination schedules shall be published periodically by the board. 
   
  (h) Special examinations based on verified physical limitations or other good 
cause as determined by the board may be arranged for <nl>individual<ol> 
applicants. [Special examinations will be administered at the board headquarters 
in Austin, unless an applicant is physically incapable of traveling to Austin or 
of being transported to Austin]. Requests for special examinations will be 
handled individually <nl>and may require<ol> [requiring] medical verification or 
confirmation [by the board]. [The method of special examination will be 
determined by the board based on the particular circumstances of each case]. 
   
  (i) Examinees shall comply with all instructions from the board, [or] an 
examination proctor<nl>, or the testing service under contract with the board 
<ol>. Proctors may confiscate examination materials of an examinee giving or 
receiving or attempting to give or receive unauthorized assistance or answers to 
examination questions and such examinee will be dismissed from the examination 
session with a failing grade. Dismissal may result in disapproval of an 
application. The board, <nl>or the testing service under contract with the 
board,<ol> may file theft charges against any person who removes or attempts to 
remove an examination or any portion thereof or any written material furnished 
with the examination whether by actual physical removal or by transcription. The 
board may deny, suspend or revoke a license or certification for disclosing to 
another person the content of any portion of an examination with the expectation 
that the disclosed information would be used by or made available to another 
applicant. 
   
  <nl>(j) The board shall periodically publish guidelines and preexamination 
study guides. The periodicals and guidelines shall be updated as necessary and 
shall be made available to applicants. Except for the examinations and other 
testing products that require secure and discreet protection, the contents of 
study guides and other material developed by the board or with the board's 
authorization is within the public domain and free of copyright restrictions. If 
the material is reproduced for distribution by an entity other than the board, 
the material may not be sold at a price above the cost of duplication and 
distribution. The entity may not profit from the distribution of the material. 
 
     
  sec.153.13. Educational Requirements. 
 
  (a) The board may accept a course of study to satisfy educational requirements 
for certification or licensing established by the <nl>Act<ol> [Texas Appraiser 
Licensing and Certification Act (the Act)] or by this section if the board has 
approved the course and determined it to be a course related to real estate 
appraisal. 
   
  (b)-(i) (No change.) 
 
     
  sec.153.15. Experience Required for Certification and Licensing. 
 
  (a)-(c) (No change.) 
   
  (d) Experience credit shall be awarded by the board in accordance with current 
criteria established by the Appraiser Qualifications Board and in accordance 
with the provisions of the <nl>Act<ol> [Texas Appraiser Licensing and 
Certification Act (the Act)] specifically relating to experience requirements.  
<nl>Experience as a real estate lending officer of a financial institution or as 
a real estate broker is acceptable experience if the experience includes the 
actual performance or professional review of real estate appraisals. An hour of 
experience means 60 minutes expended in one or more of the acceptable appraisal 
experience areas. Calculation of the hours of experience must be based solely on 
actual hours of experience. Any one or any combination of the following 
categories may be acceptable for the completion of 1,000 hours of credit each 
year. 
 
  (1)-(3)  (No change.) 
   
  (4) Experience credit may be awarded for appraisal analysis. A market analysis 
typically performed by a real estate broker or salesman may be awarded 
experience credit when the analysis is prepared in conformity with Standards 
Rules 1 and 2 of USPAP, and the individual can demonstrate that <nl>he or she 
is<ol> [they are] using similar techniques as appraisers to value properties and 
<nl>is<ol> effectively <nl>utilizing<ol> [utilize] the appraisal process. 
   
  (5)-(8) (No change.) 
     
  (e)  Experience claimed by an applicant must be submitted on forms promulgated 
by the board. 
 
  (1) <nl>Experience claimed by an applicant shall be submitted upon an 
Appraisal Experience Affidavit, TALCB Form 2.2 or its successor<ol> [If 
experience claimed by the applicant was gained under direct supervision of an 
appraiser, certified or licensed under the Act at the time of application, such 
experience may be submitted by joint affidavit of the applicant and the 
supervisory appraiser, using TALCB Form 7.0]. 
   
  [(2)  If experience claimed by the applicant is submitted upon affidavit of 
the applicant only, such affidavit must be accompanied by a detailed listing of 
experience supporting the affidavit using TALCB Forms 2.1 and 3.I.] 
   
  <nl>(2)<ol>[(3)] In exceptional situations, the board, at its discretion, may 
accept other evidence of experience claimed by the applicant. 
   
  <nl>(3) If a consumer complaint or peer complaint is brought against the 
applicant alleging fraud, incompetency, or malpractice and the board finds the 
complaint is reasonable or if the board determines other just cause exists for 
requiring further information, the board may obtain the additional information 
or documentation requested by: 
 
  <nl>(A) requiring the applicant to complete a form, prescribed by the board, 
that includes detailed listings of appraisal experience showing, for each 
appraisal claimed by the applicant, the city or county where the appraisal was 
performed, the type and description of the building or property appraised, the 
approaches to value utilized in the appraisal, the actual number of hours 
expended on the appraisal, and other information determined to be appropriate by 
the board; or 
   
  <nl>(B) engaging in other research determined to be appropriate by the board. 
       
  [(f) As an alternative to complying with the provisions of subsection (e)(2) 
of this section, experience claimed by an applicant for the state licensed real 
estate appraiser may be submitted on the Appraisal Experience Affidavit, TALCB 
Form 2.1 or its successor, and the submission of an Appraisal Experience Log, 
TALCB Form 3.1 or its successor, will not be required.] 
 
     
  sec.153.17. Renewal of Certification, License or Trainee Approval; Continuing 
Education. 
 
  (a) <nl>A license or certification issued by the board is valid for two years 
after the date of issuance. <ol>A certified or licensed appraiser or appraiser 
trainee may renew the certification, license, or trainee approval by timely 
filing the prescribed application for renewal, paying the appropriate fee to the 
board and satisfying continuing education requirements as provided by this 
section. 
   
  (b) The board shall mail the prescribed renewal application form to the 
appraiser or trainee's last known business address at least 90 days prior to the 
expiration of the certification, license or approval. [An appraiser trainee's 
business address is the address of the appraiser trainee's sponsoring 
appraiser.] It is the responsibility of the appraiser or trainee to apply for 
renewal in accordance with these sections, and failure to receive a renewal 
application from the board does not relieve the appraiser or trainee of the 
responsibility of applying for renewal. 
   
  (c) The board may not accept a renewal application filed after the expiration 
of the certification, license, or appraiser trainee approval. An appraiser or 
trainee who does not timely file a renewal application must reapply for 
certification, license or approval as an appraiser trainee in accordance with 
the provisions of sec.153.9 of this title (relating to Applications). If the 
application is filed within one year of the expiration of a previous 
certification or license the applicant shall also provide satisfactory evidence 
of completion of any continuing education that would have been required for a 
timely renewal of the previous certification or license. If the application for 
certification or license is filed more than one year after the expiration of the 
previous certification or license, the applicant must successfully complete the 
examination required by sec.153.11 of this title (relating to Examinations). 
   
  (d) (No change.) 
   
  (e)  As a condition for renewing a certification or license after December 31, 
1994, or two years after the federal implementation of Title XI, Financial 
Institutions Reform, Recovery and Enforcement Act (FIRREA), whichever is later, 
an appraiser must successfully complete the equivalent of at least 20 classroom 
hours of appraiser continuing education (ACE) courses approved by the board, 
during the two-year period preceding the expiration of the certificate or 
license. The board shall base its review and approval of appraiser continuing 
education courses upon the then current appraiser qualification criteria of the 
Appraiser Qualifications Board <nl>(AQB)<ol>. <nl>The board shall accept as 
continuing education any continuing education a licensed or certified appraiser 
was awarded by a national appraiser organization approved by the board as a 
provider of qualifying education. 
 
  (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 may be accepted for meeting 
the ACE requirements: 
 
  (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; and 
   
  (ii) The course was not repeated within a three-year period; 
     
  (B) A course that has been accepted by an appraiser professional trade 
association as meeting the association's continuing education requirements if 
the <nl>board<ol> [Board] has previously approved one or more courses from the 
association as meeting licensure or certification requirements, provided that 
the course must have been at least two hours in duration and devoted to one or 
more of the appraisal-related topics of the then current appraiser 
qualifications criteria of the AQB for continuing education; 
   
  (C) A course specifically approved by the <nl>board <ol> [Board] for meeting 
ACE offered by a provider as specified in sec.153.13(b)(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; 
   
  (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. 
     
  (3)-(4) (No change.) 
   
  (5) Appraiser continuing education credit may also be granted for 
participation, other than as a student, in a 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 <nl>board 
<ol> [Board] to be equivalent to obtaining appraiser continuing education. 
Appraisal experience may not be substituted for ACE. 
     
  (f) (No change.) 
   
  (g) Renewal of Licenses or Certification for Servicemen on Active Duty Outside 
the State. 
 
  (1) A person previously licensed or certified by the <nl>board<ol> [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 may renew an expired license 
or certification without being subject to any increase in fee imposed in his or 
her absence, or any additional education or experience requirements if the 
person: 
 
  (A) provides a copy of official orders or other documentation acceptable to 
the <nl>board<ol> [Board] showing that the person was on active duty outside the 
state during the person's last renewal period; 
   
  (B) applies for the renewal within 90 days after the person's active duty 
ends; and 
   
  (C) pays the renewal application fee in effect when the previous license or 
certification expired. 
     
  (2) Appraiser continuing education requirements that would have been imposed 
for a timely renewal shall be deferred under this section to the next renewal of 
a license or certification. 
     
  (h) Denial of Licensing and Certification of Persons who are in Default on 
TGSLC Loans. Renewals of licenses and certifications issued by the <nl>board<ol> 
[Board] are subject to the policies established by the Texas Education Code, 
sec.57.491. Before the <nl>board<ol> [Board] declines to renew a license or 
certification due to default on a loan guaranteed by the Texas Guaranteed 
Student Loan Corporation (TGSLC), a default on a repayment agreement with TGSLC, 
or a failure to enter a repayment agreement with TGSLC, the <nl>board<ol> 
[Board] shall give notice and provide an opportunity for a hearing in accordance 
with the provisions of the <nl>Texas Government Code, sec.2001.034 [Texas Civil 
Statutes, Article 6252-13a,  s18]. The board<ol> [Board] shall advise those 
licensed or certified in renewal notices and shall advise those who apply for 
licensure or certification in application forms that default on a loan 
guaranteed by TGSLC may prevent subsequent renewal of a license or certification 
or prevent the approval of an initial application for license or certification. 
 
     
  sec.153.19. Licensing and Certification of Persons with Criminal Backgrounds. 
 
  (a) No currently incarcerated individual will be eligible to obtain or renew 
an appraiser license or certification. 
   
  (b)  As provided in Texas Civil Statutes, Article 6252-13c, the <nl>board<ol> 
[Board] may suspend or revoke an existing valid license or certification, 
disqualify an individual from receiving a license or certification, or deny to a 
person the opportunity to be examined for a license or certification because of 
a person's conviction of a felony or misdemeanor if the crime directly relates 
to the duties and responsibilities of the licensed or certified occupation. The 
<nl>board<ol> [Board] shall revoke the license or certification of an individual 
upon his felony conviction, felony probation revocation, revocation of parole, 
or revocation of mandatory supervision. 
   
  (c) The Texas Appraiser Licensing and Certification Board considers it very 
important that persons who are licensed or certified, persons who are candidates 
to be licensed or certified, and persons who are training to be licensed or 
certified [,] be honest, trustworthy, and reliable. The public necessarily 
reposes a great deal of trust and reliance upon licensed and certified 
appraisers because of the complex nature of appraisal valuation, and such 
relationship should not be undermined. When entering onto another's business or 
residential property or when representing the interests of another, an appraiser 
must have the ability to conduct himself or herself with honesty, 
trustworthiness, reliability, and integrity. Thus, the <nl>board <ol> [Board] 
deems the following felonies and misdemeanors directly related to the occupation 
of licensed or certified appraisers or appraiser trainees: 
 
  (1)  offenses involving fraud or misrepresentation; 
   
  (2) offenses against real or personal property belonging to another, if 
committed knowingly or intentionally; 
   
  (3) offenses against public administration; 
   
  (4) offenses involving the sale or other disposition of real or personal 
property belonging to another without authorization of law; 
   
  (5)  offenses involving moral turpitude; and 
   
  (6) offenses of attempting or conspiring to commit any of the foregoing 
offenses. 
     
  (d)  In determining whether a criminal offense is directly related to an 
occupation, the <nl>board<ol> [Board] shall consider the following factors: 
 
  (1) the nature and seriousness of the crime; 
   
  (2) the relationship of the crime to the purposes for requiring a license or 
certification to engage in the occupation; 
   
  (3) the extent to which a license or certification might offer an opportunity 
to engage in further criminal activity of the same type as that which the person 
had previously been involved; and 
   
  (4) the relationship of the crime to the ability, capacity, or fitness 
required to perform the duties and discharge the responsibilities of the 
licensed or certified occupation. 
     
  (e) In addition to the factors that may be considered under subsection (b) of 
this section, the board [Board], in determining the present fitness of a person 
who has been convicted of a crime, shall consider the following evidence: 
 
  (1)  the extent and nature of the person's past criminal activity; 
   
  (2)  the age of the person at the time of the commission of the crime; 
   
  (3)  the amount of time that has elapsed since the person's last criminal 
activity; 
   
  (4) the conduct and work activity of the person prior to and following the 
criminal activity; 
   
  (5) evidence of the person's rehabilitation or rehabilitative effort while 
incarcerated or following release; and 
   
  (6) other evidence of the person's present fitness including letters of 
recommendation from [:] prosecution, law enforcement, and correctional officers 
who prosecuted, arrested, or had custodial responsibility for the person; the 
sheriff and chief of police in the community where the person resides; and any 
other persons in contact with the convicted person. 
     
  (f) It shall be the responsibility of the applicant to the extent possible to 
secure and provide the <nl>board <ol> [Board] the recommendations of the 
prosecution, law enforcement, and correctional authorities; the applicant shall 
also furnish proof in such form as may be required by the <nl>board<ol> [Board] 
that he or she has maintained a record of steady employment and has supported 
his or her dependents and otherwise maintained a record of good conduct and has 
paid all outstanding court costs, supervision fees, fines, and restitution as 
may have been ordered in all criminal cases in which he or she has been 
convicted. 
 
     
  sec.153.20. Guidelines for Revocation and Suspension; Investigation. 
 
  (a) The <nl>board<ol> [Texas Appraiser Licensing and Certification Board (the 
Board)] may suspend or revoke a license or certification issued under the 
provisions of the <nl>Act<ol> [Texas Appraiser Licensing and Certification Act 
(the Act)] at any time when it has been determined that the person holding the 
license or certification: 
 
  (1)-(13) (No change.) 
     
  (b) The <nl>board<ol> [Board] has discretion in determining the appropriate 
penalty for any violation under <nl>subsection <ol> [Subsection] (a) of this 
section with the following restrictions: 
 
  (1) Penalty for an offense under <nl>subsection <ol> [Subsection] (a)(1) shall 
be immediate revocation of a license or certification pursuant to [Vernon's] 
Texas Civil Statutes, Article 6252-13c(4)(e); 
   
  (2) Penalty for an offense under <nl>subsection <ol> [Subsection] (a)(3) shall 
be suspension or withholding of license or certification for a period not to 
exceed two years; 
   
  (3)  Penalty for a first violation under <nl>subsection <ol> [Subsection] 
(a)(4) shall be suspension of license or certification for a period not to 
exceed 60 days; 
   
  (4) Penalty for a second violation under <nl>subsection <ol> [Subsection] 
(a)(4) shall be suspension of license or certification for a period not to 
exceed one year; 
   
  (5) Penalty for a third violation under <nl>subsection <ol> [Subsection] 
(a)(4) shall be suspension of license or certification for a period not to 
exceed three years; 
   
  (6) Penalty for an offense of either <nl>subsection <ol> [Subsection] (a)(6) 
or <nl>subsection<ol> [Subsection] (a)(7) shall be suspension of license or 
certification not to exceed a period of three years. 
     
  (c) 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. 
   
  (d) <nl>To determine if probable cause exists for a hearing on a complaint, 
the board<ol> [the Board] may <nl>designate an investigator <ol> [direct the 
commissioner] on signed complaint in writing or upon the  <nl>board's<ol> 
[Board's] own motion, to investigate the actions and appropriate records of a 
state licensed real estate appraiser, a state certified real estate appraiser, 
or an appraiser trainee. <nl>If the board determines that the complaint does not 
present facts that constitute a basis for disciplinary action, the board may not 
take further action. 
   
  <ol>(e)<nl>  The chair of the board with the advice and consent of the 
executive committee may appoint a peer investigative committee consisting of 
three real estate appraisers certified or licensed under the Act. The chair of 
the investigative committee must be an appraiser member of the board. Each 
remaining member of the committee shall certify to the board that the member is 
familiar with the appraisal process in the appraisal to be reviewed. The 
investigative committee shall review and determine the facts of the complaint 
and submit a written report to the board in a timely manner. <ol>The <nl> 
board<ol> [commissioner] may ask for inspection of an appraiser's books and 
records relative to a specific complaint or investigation. The appraiser must 
produce the specified documents within 60 days of the request. 
   
  (f)  The <nl>board<ol> [Board] may not investigate under this section a 
complaint submitted more than two years after the date of discovery of the 
incident involving the state licensed real estate appraiser, state-certified 
real estate appraiser, or appraiser trainee <nl>who <ol> [that] is the subject 
of the complaint. 
   
  (g) Notwithstanding any other provision of the Act, there shall be no 
undercover or covert investigation conducted by the authority of the Act. No 
investigations of licensees or certificate-holders or any other actions against 
licensees or certificate holders shall be initiated on the basis of anonymous 
complaints whether in writing or otherwise, but shall be initiated only upon the 
<nl>board's<ol> [Board's] own motion or a signed written complaint. upon the 
adoption of such a motion by the <nl>board<ol> [Board] or upon receipt of such 
complaint, the licensee or certificate holder shall be notified promptly and in 
writing unless the <nl>board <ol> [Board] itself, after due consideration 
determines otherwise. 
   
  (h) All <nl>board<ol> [Board] members, officers, directors, and employees of 
this agency shall be held harmless with respect to any disclosures made to the 
<nl>board <ol> [Board] in connection with any complaints filed with the 
<nl>board<ol> [Board]. 
   
  <nl>(i) On completion of an investigation, a written report containing 
statements of fact, the recommendations of the investigator, and the position or 
defense of the investigated appraiser shall be submitted by the investigator for 
the board to determine what further action is necessary. Based on the report, 
the board may: 
 
  <nl>(1) order that the matter be further investigated; 
   
  <nl>(2) permit the appraiser who is the subject of the complaint to appear 
before the board for an informal discussion regarding the alleged violation, 
pursuant to subsection (j) of this section; 
   
  <nl>(3)  determine that probable cause does not exist to believe that a 
violation occurred and dismiss the case; or 
   
  <nl>(4) determine that probable cause that a violation occurred exists and 
proceed with a contested case hearing as the complainant. 
     
  <nl>(j) The board may permit an appraiser under investigation an opportunity 
to appear before the board for a voluntary informal discussion of facts and 
circumstances of an alleged violation on the board's motion or on request of the 
appraiser. The informal discussion constitutes part of the board's investigation 
of the pending disciplinary case and the facts discussed at the informal 
discussion may be considered by the board if the case proceeds to a contested 
case hearing. The board may seek a consent order as provided by subsection (k) 
of this section at the time of the informal discussion. 
   
  <nl>(k) The board may negotiate a settlement and enter into a consent order 
with an appraiser who is under investigation. An appraiser member of the board 
designated by the chair and the attorney general may agree to negotiate a 
settlement under this subsection. A proposed consent order shall be presented to 
the board for approval and shall be binding if approved by the board and signed 
by the board chair and the appraiser. A board member who participates in 
negotiation of a consent order is not disqualified for participating in 
adjudication of the contested case that results from the negotiation. Consent to 
negotiation by the appraiser constitutes waiver of the right to notice and the 
opportunity to be heard under the Texas Government Code,  s2001.001 et seq 
during the settlement negotiations. A prosecuting attorney may discuss informal 
settlement with the board chair or a representative of the board. If the parties 
agree to a consent order, a statement of charges shall be filed with the consent 
order. 
   
  <nl>(l) The board, in its discretion and in lieu of prosecuting a first-time 
violator of the rules of professional conduct adopted by the board, may enter 
into a consent agreement as provided by this subsection. An appraiser member of 
the board, designated by the chair, and the attorney general may agree to 
negotiate a consent agreement. The proposed consent agreement shall be presented 
to the board for approval and shall be binding if approved by the board and 
signed by the board chair and the appraiser. Failure by the appraiser to comply 
with the terms of the agreement constitutes grounds for prosecution. 
   
  <nl>(m) 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. 
   
  <nl>(n)<ol>[(i)] If the board determines to take further action, notice of a 
hearing shall be given in accordance with sec.151.17 <nl>of this title (relating 
to Notice of Hearing) <ol> [the Rules of the Texas Appraiser Licensing and 
Certification Board]; and any further proceedings shall be considered to be a 
contested case and to be governed by the <nl>Texas Government Code, 
sec.2001.051-.202<ol> [Administrative Procedures and Texas Register Act, Article 
6252-13a]. The hearing may be conducted by the State Office of Administrative 
Hearings pursuant to the <nl>Texas Government Code, sec.2003.001 et seq <ol> 
[Vernon's Texas Civil Statutes, Article 6252-13f], and Chapter 155 of this title 
(relating to Standards of Practice). 
 
     
  sec.153.21. Appraiser Trainees. 
 
  (a) <nl>A person desiring to be an appraiser trainee under the sponsorship of 
one or more state-certified appraisers<ol> [A certified or licensed appraiser] 
may apply to the board [to sponsor an appraiser trainee] on the application form 
prescribed by the board. <nl>A prospective trainee must be a citizen of the 
united States or a lawfully admitted alien; be at least 18 years of age; be a 
legal resident of this state for at least 60 days immediately before the filing 
of the application; and satisfy the board as to the prospective trainee's 
honesty, trustworthiness, and integrity. <ol>Once a person is approved as an 
appraiser trainee by the board, the person may perform appraisals <nl>only<ol> 
under the direction <nl>and direct supervision<ol> of <nl>a<ol> [the] sponsoring 
<nl>certified<ol> appraiser unless one of the following events occurs: 
 
  (1) the appraiser trainee approval expires due to nonpayment of the annual 
renewal fee <nl>or the educational requirements for renewal have not been met; 
   
  (2) the sponsorship is terminated by either the sponsor or the trainee, 
<nl>leaving the appraiser trainee without a sponsoring certified appraiser<ol>; 
or 
   
  (3) the trainee's authority to act has been suspended or revoked by the board. 
     
  (b) The sponsoring <nl>certified<ol> appraiser shall immediately notify the 
board in writing of any termination of sponsorship of an appraiser trainee<nl>, 
on a form prescribed by the board and pay a fee set by the board not later than 
the 10th day after the date of such termination. The board will notify the 
trainee that the sponsorship has been terminated. 
   
  (c) If an appraiser trainee's approval has expired or been revoked by the 
board or the <nl>trainee is no longer under the sponsorship of a certified 
appraiser <ol> [sponsorship of the appraiser trainee has been terminated], the 
appraiser trainee may not perform <nl>the duties of an appraiser trainee<ol> 
[appraisals] until an application to sponsor the trainee has been filed together 
with the appropriate fee [by a certified or licensed appraiser] and approved by 
the board. 
   
  (d)  Certified [or licensed] appraisers who sponsor appraiser trainees <nl>and 
who sign a report shall be<ol> [are] responsible to the public and to the board 
for the conduct of the appraiser trainee under the <nl>Act <ol> [Texas Appraiser 
Licensing and Certification Act (the Act)]. After notice and hearing, the board 
may reprimand a sponsoring appraiser or may suspend or revoke a sponsoring 
appraiser's certification [or license] based on conduct by the appraiser trainee 
constituting a violation of the Act or a rule of the board. 
   
  <nl>(e) A certified appraiser may be added as a sponsor during the term of an 
appraiser trainee's authorization, by completing a form prescribed by the board 
and paying a fee set by the board, and shall assume all the duties, 
responsibilities, and obligations of an appraiser trainee sponsor as specified 
in these rules. 
   
  <nl>(f) An appraiser trainee sponsored by a state licensed appraiser on 
September 1, 1993, may continue to perform the duties of an appraiser trainee 
under the sponsorship and supervision of that state licensed appraiser until the 
first renewal after January 1, 1994, after which time the appraiser trainee must 
become sponsored by a certified appraiser. 
 
     
  sec.153.23. Appraisers Meeting Certification Requirements under Prior Law; 
Transitional Licenses. 
 
  (a) The board shall issue a certification as a state-certified general real 
estate appraiser to a person who has met the requirements for general 
certification before the effective date of the  <nl>Act<ol> [Texas Appraisal 
Licensing and Certification Act (the Act)]. The board may not require 
reapplication or payment of a fee for issuance of certification under this 
subsection. 
   
  (b)-(d) (No change.) 
 
     
  sec.153.25. Temporary Certification and Licensure. 
 
  (a) A person licensed or certified as an appraiser by another state, 
commonwealth, or territory may register with the board so as to qualify to 
appraise real property in this state without holding a license or certification 
issued under the Act if: 
 
  (1) the state, commonwealth, or territory licensing and certification program 
under which the person holds a license or certification has not been disapproved 
by the Appraisal Subcommittee; 
   
  (2) the real property being appraised is part of a federally-related 
transaction; and 
   
  (3) the appraiser's business in this state is of a temporary nature not to 
exceed 60 days. 
     
  (b) A person registered under this subsection must submit an irrevocable 
consent to service of process in this state pursuant to sec.153.29 of this title 
(relating to Irrevocable Consent to Service of Process). 
 
     
  sec.153.27. Certification and Licensure by Reciprocity. 
 
  (a) A person who is licensed or certified as an appraiser under the laws of a 
state having substantially equivalent licensure or certification requirements as 
those of this state may apply for a license or certification under the Act by 
completing and submitting to the board the application for licensure or 
certification and paying to the board the fee, both of which are required by the 
state of the person's present certification. 
   
  (b) A person applying for a license or certification under this subsection 
must submit an irrevocable consent to service of process in this state pursuant 
to sec.153.29 of these rules. 
   
  (c) An application may not be accepted for a person from a state that refuses 
to offer reciprocal treatment to residents of this state who are certified or 
licensed real estate appraisers. 
   
  (d) The board shall seek verification from an applicant's home state that the 
applicant's license or certification is valid and in good standing. A reciprocal 
license or certificate may not be issued without the verification required by 
this subsection. 
   
  (e) A person holding a license or certification by reciprocity must pay the 
federal registry fee and other fees imposed by the board. 
   
  (f) A reciprocal license or certification expires on the same date that the 
license or certification held by the applicant in the applicant's home state 
expires or on the first anniversary of the date the reciprocal license or 
certification was issued, whichever comes first. 
   
  (g) Terms and conditions of renewal will be determined by the board. 
 
     
  sec.153.29. Irrevocable Consent to Service of Process. <ol> A person who 
applies for licensure or certification under the Act who is not a resident of 
this state shall submit with the application an irrevocable consent that service 
of process in an action against the person arising out of the person's 
activities as a state certified real estate appraiser or state licensed real 
estate appraiser in this state may be made by delivery of the process to the 
commissioner of the board if the plaintiff in the action cannot, in the exercise 
of due diligence, effect personal service on the applicant. If process is served 
as provided by this section, the commissioner shall immediately mail a copy of 
the materials served on the commissioner by ordinary mail to the person at both 
the person's principal place of business address and the person's residence 
address. 
 
   
  sec.153.31. Office Location. <ol> An appraiser licensed or certified under the 
Act who is a resident of this state shall maintain a fixed office in this state. 
If the appraiser moves from a previously designated address, the appraiser shall 
notify the board of the new office location on a form approved by the board and 
pay a fee set by the board, not later than the 10th day after the date of the 
move. 
 
   
  sec.153.33. Signature or Endorsement of Appraisal. 
 
  (a) A person licensed or certified under the Act may not sign or endorse an 
appraisal that was not substantially produced by the person. For purposes of 
this section, an appraisal is substantially produced by a person who contributes 
materially and in a verifiable manner to the research or analysis that led to 
the final opinion of value expressed in the appraisal. 
   
  (b)  For purposes of this section, an appraisal is deemed to have been 
substantially produced by a person who is certified or licensed under the Act by 
the appearance of his or her signature on the appraisal report and thus is fully 
and completely responsible for the contents of the appraisal report. 
 
     
  sec.153.35. Record Keeping. <ol> A person licensed or certified under the Act 
shall retain all business records relating to an appraisal performed by the 
applicant or person for at least five years after the date of the appraisal. 
 
   
  sec.153.37. Offenses. 
 
  (a) A person not licensed or certified under the Act commits a Class B 
misdemeanor if the person knowingly or intentionally uses any title, 
designation, initials, or other insignia or identification that would mislead 
the public as to the person's credentials, qualifications, competency, or 
ability to perform certified or licensed appraisal services. 
   
  (b) A person commits a Class B misdemeanor if the person knowingly or 
intentionally furnishes false information in connection with an affidavit filed 
pursuant to sec.153.15(e) of this title (relating to Experience Required for 
Certification or Licensing). 
 
  Issued in Austin, Texas, on September 3, 1993. 
 TRD-9328430 
  Renil C. Liner 
 Commissioner 
 Texas Appraiser Licensing and Certification Board 
    Effective date: September 7, 1993 
 Expiration date: January 6, 1994 
 For further information, please call: (512) 465-3950