reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter A. General Provisions › Section 1103.001. Short Title

Sec. 1103.001.  SHORT TITLE.  This chapter may be cited as the Texas Appraiser Licensing and Certification Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter A. General Provisions › Section 1103.002. Purpose

Sec. 1103.002.  PURPOSE.  The purpose of this chapter is to:
(1)  conform state law relating to the regulation of real estate appraisers to the requirements adopted under Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and
(2)  enforce standards for the appraisal of real property.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 1, eff. May 27, 2011.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter A. General Provisions › Section 1103.004. Applicability of Chapter

Sec. 1103.004.  APPLICABILITY OF CHAPTER.  (a)  This chapter does not apply to:
(1)  a person who is authorized by law to perform an evaluation of real property for or to provide an evaluation of real property to another person;
(2)  a real estate broker licensed under Chapter 1101 or a sales agent acting under the authority of a sponsoring broker who provides to another person a written analysis, opinion, or conclusion relating to the estimated price of real property if the analysis, opinion, or conclusion:
(A)  is not referred to as an appraisal;
(B)  is given in the ordinary course of the broker's business; and
(C)  is related to the actual or potential acquisition, disposition, encumbrance, or management of an interest in real property;
(3)  an appraiser certified by a jurisdiction other than this state who performs an appraisal review of an appraisal performed on real property in this state, if the appraiser does not offer an opinion of value as part of the appraisal review;
(4)  an employee of a federally regulated financial institution or any other person engaged by the institution who performs an evaluation of real property for use by the institution in a transaction for which the institution is not required to use the services of a licensed or certified appraiser under federal regulations adopted under Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. Section 1833e) or under applicable state law;
(5)  an employee of a non-bank financial institution or any other person engaged by the institution who provides an analysis, assessment, opinion, conclusion, notation, or compilation of data concerning the value of an interest in real property for use by the institution;
(6)  the procurement or use of an automated valuation model; or
(7)  a person who:
(A)  performs appraisals in connection with the Practical Applications of Real Estate Appraisal course as approved by the Appraiser Qualifications Board; and
(B)  does not use a title or a reference in violation of Section 1103.201(b).
(b)  Notwithstanding Subsection (a)(7), the appraisals described by that subsection may be credited by the board toward satisfying the experience required to obtain a license or certificate under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 22, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 3, eff. May 27, 2011.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 2, eff. January 1, 2016.
Acts 2021, 87th Leg., R.S., Ch. 700 (H.B. 2533), Sec. 2, eff. June 15, 2021.
Acts 2023, 88th Leg., R.S., Ch. 55 (S.B. 1222), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter A. General Provisions › Section 1103.006. Application of Sunset Act

Sec. 1103.006.  APPLICATION OF SUNSET ACT.  The Texas Appraiser Licensing and Certification Board is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter and Chapter 1104 expire September 1, 2033.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 3, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 19, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 5.02, eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.17, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.051. Texas Appraiser Licensing and Certification Board

Sec. 1103.051.  TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD.  The Texas Appraiser Licensing and Certification Board is an independent subdivision of the Texas Real Estate Commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.052. Board Membership

Sec. 1103.052.  BOARD MEMBERSHIP.  (a)  The board consists of nine members as follows:
(1)  the executive secretary of the Veterans' Land Board or the executive secretary's designee;  and
(2)  eight members appointed by the governor with the advice and consent of the senate as follows:
(A)  four members who are certified or licensed appraisers actively engaged in the practice of appraising real property;  and
(B)  four public members who qualify for appointment based on their recognized business ability.
(b)  The executive secretary of the Veterans' Land Board or the executive secretary's designee is a voting member of the board.
(c)  In making appointments to the board, the governor shall ensure that:
(1)  a single appraisal organization is not overrepresented on the board;
(2)  the board is independent of a trade association, profession, or industry;  and
(3)  the board represents:
(A)  the diverse geographic areas of the state;  and
(B)  a cross-section of disciplines in the field of real estate appraisal.
(d)  Appointments to the board shall be made without regard to:
(1)  the race, color, religion, sex, disability, familial status, or national origin of the appointee;  or
(2)  the appointee's membership in an appraisal organization.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.0521. Membership and Employee Restrictions

Sec. 1103.0521.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of real estate brokerage or appraisal; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of real estate brokerage or appraisal.
(c)  A person may not serve as a board member or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 20, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.053. Qualifications of Appointed Members

Sec. 1103.053.  QUALIFICATIONS OF APPOINTED MEMBERS.  (a)  An appointed member of the board must be a qualified voter of this state.
(b)  A person appointed to the board qualifies by taking the constitutional oath of office not later than the 15th day after the date of appointment.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.054. Eligibility of Public Members

Sec. 1103.054.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)  is a certified or licensed appraiser;
(2)  is certified or licensed by an occupational regulatory agency in the field of real estate brokerage or appraisal;
(3)  owns or controls, directly or indirectly, a business entity or other organization whose primary purpose is to engage in real estate sales, brokerage, or appraisal;
(4)  is employed by or participates in the management of a business entity or other organization whose primary purpose is to engage in real estate sales, brokerage, or appraisal; or
(5)  uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 21, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.0545. Training

Sec. 1103.0545.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including any rule, interpretation, or enforcement action that:
(A)  regulates the scope of practice of persons in a profession or business the board regulates;
(B)  restricts advertising by persons in a profession or business the board regulates;
(C)  affects the price of goods or services provided by persons in a profession or business the board regulates; or
(D)  restricts participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the board.  Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 4, eff. January 1, 2016.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 22, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 16, eff. January 1, 2024.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.055. Terms; Vacancies

Sec. 1103.055.  TERMS; VACANCIES.  (a)  Appointed members of the board serve staggered six-year terms, with the terms of one or two appraiser members and one or two public members expiring on January 31 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the governor shall appoint a person to fill the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 5, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.056. Officers; Executive Committee

Sec. 1103.056.  OFFICERS; EXECUTIVE COMMITTEE.  (a)  The governor shall designate a board member who is an appraiser to serve as presiding officer of the board.
(b)  At a regular meeting in February of each year, the board shall elect from its members an assistant presiding officer and a secretary.
(c)  The presiding officer, assistant presiding officer, and secretary constitute the executive committee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 6, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.057. Grounds for Removal

Sec. 1103.057.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that an appointed member:
(1)  does not have at the time of appointment the qualifications required by this subchapter for appointment to the board;
(2)  does not maintain during service on the board the qualifications required by this subchapter for appointment to the board;
(3)  is ineligible for membership under Section 1103.0521 or 1103.054;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of an appointed board member exists.
(c)  If the executive director has knowledge that a potential ground for removal of an appointed board member exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall immediately notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall immediately notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 7, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 23, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 17, eff. January 1, 2024.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.058. Per Diem; Reimbursement

Sec. 1103.058.  PER DIEM; REIMBURSEMENT.  (a)  An appointed board member is entitled to receive:
(1)  $75 for each day the member engages in official duties as a board member; and
(2)  reimbursement for actual and necessary expenses incurred in performing official duties as a board member.
(b)  For purposes of this section, the board by rule may determine what constitutes a day or actual and necessary expenses.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 8, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.059. Quasi-Judicial Immunity

Sec. 1103.059.  QUASI-JUDICIAL IMMUNITY.  A member of the board is entitled to quasi-judicial immunity from suit for an action that:
(1)  is taken as a member of the board;  and
(2)  is in compliance with the law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter B. Texas Appraiser Licensing and Certification Board › Section 1103.060. Educational Presentations

Sec. 1103.060.  EDUCATIONAL PRESENTATIONS.  (a)  A member of the board or a board employee may make a presentation to a group of certificate or license holders for which the certificate or license holders may receive continuing education credit for the renewal of a certificate or license under Section 1103.211.  The board member or employee may not receive compensation for the presentation.
(b)  Notwithstanding Subsection (a), the board member or employee may receive reimbursement for reasonable travel expenses.
Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 9, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter C. Executive Director and Other Board Personnel › Section 1103.101. Executive Director

Sec. 1103.101.  EXECUTIVE DIRECTOR. (a) The administrator of the Texas Real Estate Commission shall serve as executive director.
(b)  The board may delegate to the executive director the responsibility for administering this chapter and Chapter 1104, including the approval of consent orders and agreements.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 44, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 4, eff. May 27, 2011.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 10, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 18, eff. January 1, 2024.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter C. Executive Director and Other Board Personnel › Section 1103.102. Other Board Personnel

Sec. 1103.102.  OTHER BOARD PERSONNEL. In addition to the executive director, the board may employ other officers and employees as necessary to administer this chapter and Chapter 1104.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 11, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 18, eff. January 1, 2024.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter C. Executive Director and Other Board Personnel › Section 1103.103. Salaries

Sec. 1103.103.  SALARIES. The executive director shall determine the salaries of the officers and employees of the board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 45, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1333 (S.B. 1000), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 12, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 18, eff. January 1, 2024.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter C. Executive Director and Other Board Personnel › Section 1103.104. Duties of Executive Director

Sec. 1103.104.  DUTIES OF EXECUTIVE DIRECTOR. The executive director shall:
(1)  disseminate information;
(2)  administer rules adopted by the board under this chapter or Chapter 1104;
(3)  review each application for a certificate or license and make a recommendation for final action to the board;
(4)  review and make recommendations to the board regarding the adoption of rules relating to:
(A)  the examination required by Subchapter F;
(B)  education and experience requirements for issuance of certificates and licenses;
(C)  continuing education for a certified or licensed appraiser;
(D)  standards of professional practice and ethics for a certified or licensed appraiser;
(E)  standards for a real estate appraisal performed by a certified or licensed appraiser; and
(F)  the fees established by the board under Section 1103.156 or Section 1104.052;
(5)  collect fees established by the board;
(6)  manage the staff and employees of the board; and
(7)  perform any other duty prescribed by the board under this chapter or Chapter 1104.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 46, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 13, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 18, eff. January 1, 2024.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter C. Executive Director and Other Board Personnel › Section 1103.105. Division of Responsibilities

Sec. 1103.105.  DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board.
Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 24, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 18, eff. January 1, 2024.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.151. Rules Relating to Certificates and Licenses

Sec. 1103.151.  RULES RELATING TO CERTIFICATES AND LICENSES.  The board may adopt:
(1)  rules for certifying or licensing an appraiser or appraiser trainee in this state that are in accordance with this chapter and consistent with applicable federal law;
(2)  rules relating to the qualifying education and experience required for certifying or licensing an appraiser or appraiser trainee that are consistent with the guidelines recognized by the Appraiser Qualifications Board;
(3)  rules relating to the examination required by Subchapter F; and
(4)  rules relating to procedures for the timely renewal of a certificate or license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 5, eff. May 27, 2011.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 14, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.152. Appraiser Certificate and License Categories

Sec. 1103.152.  APPRAISER CERTIFICATE AND LICENSE CATEGORIES.  The board may:
(1)  establish certificate and license categories that are consistent with the categories recognized by the Appraiser Qualifications Board; and
(2)  prescribe qualifications for each category that are consistent with the qualifications established for that category by the Appraiser Qualifications Board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.153. Rules Relating to Qualifying or Continuing Education

Sec. 1103.153.  RULES RELATING TO QUALIFYING OR CONTINUING EDUCATION.  (a)  The board may adopt rules relating to:
(1)  continuing education requirements for a certified or licensed appraiser or an appraiser trainee; and
(2)  the requirements for approval of a provider or course for qualifying or continuing education.
(b)  In addition to the rules adopted under Subsection (a), the board may by rule develop minimum education and experience requirements for an instructor of a course for qualifying or continuing education.  For board approval of a course provider application, the applicant must ensure that the instructors meet the minimum education and experience requirements.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 4, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 15, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 25, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.154. Rules Relating to Professional Conduct

Sec. 1103.154.  RULES RELATING TO PROFESSIONAL CONDUCT.  The board may adopt:
(1)  rules as necessary to conform to the minimum written standards of the Appraisal Standards Board by incorporating the Uniform Standards of Professional Appraisal Practice;
(2)  rules requiring a certified or licensed appraiser or an appraiser trainee to comply with standards of competency, professional conduct, and ethics prescribed by the Uniform Standards of Professional Appraisal Practice, as adopted by the Appraisal Standards Board; and
(3)  rules relating to the standards for the development of an appraisal and the conveyance of an appraisal report by a certified or licensed appraiser or an appraiser trainee that are recognized as substantially equivalent to or consistent with the Uniform Standards of Professional Appraisal Practice.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 5, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 16, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.155. Roster

Sec. 1103.155.  ROSTER.  (a)  The board shall maintain a roster of persons who are certified or licensed under this chapter.
(b)  The roster must indicate the type of certificate or license held by each person listed.
(c)  The board shall send a copy of the roster to the Appraisal Subcommittee at least weekly.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 17, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.156. Fees

Sec. 1103.156.  FEES.  (a)  The board may establish reasonable fees to administer this chapter, including:
(1)  an application fee for a certificate or license;
(2)  an examination fee;
(3)  a renewal fee for a certificate or license;
(4)  a registration fee for a nonresident real estate appraiser;
(5)  an application fee for an appraiser trainee;
(6)  a renewal fee for an appraiser trainee;
(7)  a fee for filing a request for a return to active status; and
(8)  other appropriate fees.
(b)  The board shall collect from each certified or licensed appraiser an annual registry fee in an amount established by the board not to exceed the amount required by the Appraisal Subcommittee.  The board shall deposit the registry fees to the credit of the appraiser registry account in the general revenue fund.
(c)  The fees collected under Subsection (b) shall be sent to the Appraisal Subcommittee regularly as required by federal law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 6, eff. May 27, 2011.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.157. Gifts, Grants, and Donations

Sec. 1103.157.  GIFTS, GRANTS, AND DONATIONS.  The board may solicit, accept, and administer gifts, grants, and donations of any kind from any public or private source for the purposes of this chapter and Chapter 1104.
Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 7, eff. May 27, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 18, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.158. Expert Witness Testimony by Board Member

Sec. 1103.158.  EXPERT WITNESS TESTIMONY BY BOARD MEMBER.  Notwithstanding Section 572.051, Government Code, a board member may testify as an expert witness in an action concerning a violation of the Uniform Standards of Professional Appraisal Practice.
Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 7, eff. May 27, 2011.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.159. Advisory Committee on Appraisal Management Companies

Sec. 1103.159.  ADVISORY COMMITTEE ON APPRAISAL MANAGEMENT COMPANIES.  (a)  The board shall establish an advisory committee to advise the board and make recommendations on matters related to the regulation of appraisal management companies under Chapter 1104.
(b)  The advisory committee consists of the assistant presiding officer of the board and four persons appointed by the governor as follows:
(1)  two members who are each designated as the controlling person of an appraisal management company registered under Chapter 1104; and
(2)  two public members with recognized business ability.
(c)  The assistant presiding officer of the board shall serve as the presiding officer of the advisory committee.
(d)  The members of the advisory committee appointed by the governor serve staggered two-year terms, with the terms of one appraisal management company member and one public member expiring on January 31 of each year.
(e)  An appointed member may not serve more than two consecutive two-year terms.
(f)  If a vacancy occurs during a member's term, the governor shall appoint a person to fill the unexpired term.
(g)  The advisory committee may hold a meeting by telephone conference call or other video or broadcast technology.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 1, eff. September 1, 2011.
Redesignated from Occupations Code, Section 1103.157 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(35), eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 19, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 26, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.160. Advisory Committees

Sec. 1103.160.  ADVISORY COMMITTEES.  (a)  The board may appoint advisory committees to perform the advisory functions assigned to the committees by the board.  An advisory committee under this section is subject to Chapter 2110, Government Code.
(b)  A member of an advisory committee who is not a member of the board may not receive compensation for service on the committee.  The member may receive reimbursement for actual and necessary expenses incurred in performing committee functions as provided by Section 2110.004, Government Code.
(c)  A member of an advisory committee serves at the will of the board.
(d)  An advisory committee may hold a meeting by telephone conference call or other video or broadcast technology.
(e)  If the board appoints an advisory committee under this section, the board shall adopt rules regarding:
(1)  the advisory committee's purpose, role, responsibility, and goals;
(2)  size and quorum requirements;
(3)  qualifications for membership, including experience requirements and geographic representation;
(4)  appointment procedures;
(5)  membership terms;
(6)  training requirements for advisory committee members; and
(7)  the advisory committee's compliance with Chapter 551, Government Code.
(f)  In addition to the rules adopted under Subsection (e), the board by rule shall adopt a process to regularly evaluate the need for an advisory committee appointed under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 27, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.161. Public Participation

Sec. 1103.161.  PUBLIC PARTICIPATION.  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any agenda item at a regular board meeting.
Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 27, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.162. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 1103.162.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 27, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter D. Board Powers and Duties › Section 1103.163. Complaint Information

Sec. 1103.163.  COMPLAINT INFORMATION.  (a)  The board shall maintain a system to promptly and efficiently act on complaints filed with the board.  The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The board shall make information available describing its procedures for complaint investigation and resolution.
(c)  The board shall periodically notify the complaint parties of the status of the complaint until final disposition.
Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 27, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter E. Certificate and License Requirements › Section 1103.201. Certificate or License Required

Sec. 1103.201.  CERTIFICATE OR LICENSE REQUIRED.  (a)  A person may not perform an appraisal of real estate unless the person is licensed or certified as an appraiser under this chapter, registered as a temporary out-of-state appraiser under this chapter, or acting as an appraiser trainee under the supervision of a supervisory appraiser.
(b)  Unless the person holds the appropriate license or certification, a person may not:
(1)  use the title "certified real estate appraiser" or "licensed real estate appraiser"; or
(2)  refer to an appraisal performed by the person as a "certified appraisal" or "licensed appraisal."
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 8, eff. May 27, 2011.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 20, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter E. Certificate and License Requirements › Section 1103.202. Eligibility Requirements for Certificate or License

Sec. 1103.202.  ELIGIBILITY REQUIREMENTS FOR CERTIFICATE OR LICENSE.  To be eligible for a certificate or license under this chapter, an applicant must:
(1)  pass the applicable examination required by Subchapter F;
(2)  successfully complete the number and type of classroom hours or other educational qualifications required by the Appraiser Qualifications Board;
(3)  provide evidence satisfactory to the board that the applicant has at least the minimum number of hours of experience in performing appraisals over the specified number of calendar years as required by the Appraiser Qualifications Board;
(4)  satisfy the board as to the applicant's honesty, trustworthiness, and integrity; and
(5)  comply with the requirements of Sections 1103.203 and 1103.2031.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 6, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 21, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter E. Certificate and License Requirements › Section 1103.203. Certificate or License Application

Sec. 1103.203.  CERTIFICATE OR LICENSE APPLICATION.  (a)  An applicant for a certificate or license or for renewal of a certificate or license must submit an application to the board on the form prescribed by the board.
(b)  The applicant must disclose in the application whether the applicant has:
(1)  entered a plea of guilty or nolo contendere to a felony; or
(2)  been convicted of a felony and the time for appeal has elapsed or the judgment or conviction has been affirmed on appeal.
(c)  The disclosure under Subsection (b) must be provided regardless of whether a court order granted community supervision suspending the imposition of the sentence.
(d)  The application must include the applicant's current mailing address and telephone number and the applicant's business e-mail address, if available.  The applicant shall notify the board of any change in the applicant's mailing or e-mail address or telephone number while the application is pending.
(e)  The applicant must provide any other information required by the board to comply with the Appraiser Qualifications Board's criminal history and background check requirements.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 7, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 22, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter E. Certificate and License Requirements › Section 1103.2031. Criminal History Record Information Requirement

Sec. 1103.2031.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT.  (a)  The board by rule may require that an applicant for a certificate or license or renewal of an unexpired certificate or license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety or the Federal Bureau of Investigation.
(b)  If the board implements the requirement under Subsection (a), the board may not issue a certificate or license to or renew the certificate or license on active status of an applicant who does not comply with that requirement.
(c)  If the board implements the requirement under Subsection (a), the board shall conduct a criminal history check of an applicant for a certificate or license or renewal of a certificate or license using information:
(1)  provided by the applicant under this section and Section 1103.203; and
(2)  made available to the board by the Department of Public Safety, the Federal Bureau of Investigation, or any other criminal justice agency under Chapter 411, Government Code.
(d)  The board may:
(1)  enter into an agreement with the Department of Public Safety or other federally authorized entity to administer a criminal history check required under this section; and
(2)  authorize the Department of Public Safety or other federally authorized entity to collect from each applicant the costs incurred by the department in conducting the criminal history check.
Added by Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 23, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 7 - Practices and Professions Related to Real Property and Housing › Subtitle A - Professions Related to Real Estate › Chapter 1103 - Real Estate Appraisers › Subchapter E. Certificate and License Requirements › Section 1103.204. Fulfillment of Education Requirements

Sec. 1103.204.  FULFILLMENT OF EDUCATION REQUIREMENTS.  (a)  In this section, "real estate-related financial transaction" means a transaction involving:
(1)  selling, leasing, purchasing, exchanging, investing in, or financing real property or an interest in real property;
(2)  refinancing real property or an interest in real property;  or
(3)  using real property or an interest in real property as security for a loan or investment, including a mortgage-backed security.
(b)  This chapter does not limit the amount of time in which an applicant for a certificate or license is required to satisfy the education requirements under this subchapter.
(c)  The board shall give an applicant for a certificate or license credit toward fulfilling the requirements of Section 1103.202(2) for classroom hours taken in the course of becoming licensed as a real estate broker or sales agent or for professional development or continuing education courses taken, whether the classroom hours or courses are taken by a person as a real estate broker or sales agent or as an employee of a financial institution engaged in real estate-related financial transactions, if the classroom hours or courses satisfy the requirements established by the guidelines recognized by the Appraiser Qualifications Board.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 8, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 24, eff. January 1, 2016.