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 E. Certificate and License Requirements › Section 1103.205. Fulfillment of Experience Requirements

Sec. 1103.205.  FULFILLMENT OF EXPERIENCE REQUIREMENTS.  (a)  This chapter does not limit the amount of time in which an applicant for a certificate or license is required to satisfy the experience requirements under this subchapter.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 55 (S.B. 1222), Sec. 5(1), eff. September 1, 2023.
(c)  For the purpose of determining the qualifications of an applicant for a certificate or license under this chapter, acceptable appraisal experience includes any one or any combination of the categories recognized by the Appraiser Qualifications Board.
(d)  For purposes of this subchapter, an hour of experience means 60 minutes spent in one or more of the acceptable areas of appraisal experience recognized under this subchapter.  Calculation of the hours of experience must be based solely on actual hours of experience.
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. 9, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 25, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 55 (S.B. 1222), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 55 (S.B. 1222), Sec. 5(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 E. Certificate and License Requirements › Section 1103.206. Verification of Education and Experience

Sec. 1103.206.  VERIFICATION OF EDUCATION AND EXPERIENCE.  (a)  The board shall adopt a reliable method to verify the evidence of education submitted by an applicant for a certificate or license.
(b)  The board shall adopt a reliable method to verify the evidence of appraisal experience submitted by an applicant for a certificate or license.  The method must include the review of appraisal experience of all applicants for certification.  An applicant has at least 60 days after the date notice is sent to submit any records requested by the board.  The board may not require the applicant to provide more information than the information the board may obtain under Section 1103.207.
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. 10, eff. May 27, 2011.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 26, 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 1103.207. Additional Information From Certain Applicants

Sec. 1103.207.  ADDITIONAL INFORMATION FROM CERTAIN APPLICANTS.  (a)  In addition to the information or documentation specified by this subchapter, the board may obtain other information or documentation from an applicant for a certificate or license under this chapter if the board determines that:
(1)  a formal complaint against the applicant alleging fraud, incompetency, or malpractice is reasonable; or
(2)  other just cause exists for requiring further information.
(b)  The board may obtain the additional information or documentation by:
(1)  requiring the applicant to complete a form prescribed by the board that includes a detailed listing of the applicant's appraisal experience and states for each appraisal claimed by the applicant:
(A)  the municipality or county in which the appraisal was performed;
(B)  the type and description of the building or property appraised;
(C)  the approach to value used in the appraisal;
(D)  the actual number of hours spent on the appraisal;  and
(E)  any other information determined appropriate by the board;  or
(2)  engaging in other investigative research determined appropriate by the board.
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. 27, 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 1103.2091. Probationary Certificate or License

Sec. 1103.2091.  PROBATIONARY CERTIFICATE OR LICENSE.  (a)  The board may issue a probationary certificate or license to an appraiser or an appraiser trainee, as applicable.
(b)  The board by rule shall adopt reasonable terms for issuing a probationary certificate or license.
(c)  A person who holds a probationary certificate or license under this section must disclose the probationary status to all clients before accepting an assignment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 12, eff. May 27, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 29, 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 1103.210. Denial of Certificate or License

Sec. 1103.210.  DENIAL OF CERTIFICATE OR LICENSE.  (a)  The board shall immediately provide written notice to the applicant of the board's denial of a certificate or license under this chapter.
(b)  An appeal of the denial of a certificate or license is governed by Chapter 2001, Government Code.
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 E. Certificate and License Requirements › Section 1103.211. Certificate or License Renewal; Continuing Education

Sec. 1103.211.  CERTIFICATE OR LICENSE RENEWAL;  CONTINUING EDUCATION.  (a)  A certificate or license issued by the board expires on the second anniversary of the date of issuance.
(b)  A person may renew a certificate or license by:
(1)  paying the renewal fee;
(2)  providing evidence satisfactory to the board that the person has completed continuing education requirements that comply with the guidelines recognized by the Appraiser Qualifications Board and that are imposed by rule under this chapter;
(3)  satisfying the board as to the person's honesty, trustworthiness, and integrity; and
(4)  complying with the requirements of Sections 1103.203 and 1103.2031.
(c)  For purposes of Subsection (b)(2), the board shall accept as continuing education any educational offering that complies with the guidelines recognized by the Appraiser Qualifications Board that a certified or licensed appraiser was awarded by a provider of qualifying appraisal education approved by the 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. 11, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 30, 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 1103.2111. Late Renewal of Certificate or License

Sec. 1103.2111.  LATE RENEWAL OF CERTIFICATE OR LICENSE.  (a)  A person whose certificate or license has been expired for 90 days or less may renew the certificate or license by paying to the board a fee equal to 1-1/2 times the required renewal fee.  If a certificate or license has been expired for more than 90 days but less than six months, the person may renew the certificate or license by paying to the board a fee equal to two times the required renewal fee.
(b)  A certificate or license that is renewed under this section shall expire on the date that would apply had the certificate or license been timely renewed.
(c)  A person may not perform an appraisal in a federally related transaction while the person is not actively licensed or certified as an appraiser or an appraiser trainee.
(d)  If a person's certificate or license has been expired six months or longer, the person may not renew the certificate or license.  The person may obtain a new certificate or license by complying with the requirements and procedures for an original application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 13, eff. May 27, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 31, 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 1103.212. Extension of Time to Complete Required Continuing Education

Sec. 1103.212.  EXTENSION OF TIME TO COMPLETE REQUIRED CONTINUING EDUCATION.  (a)  The board by rule may establish procedures under which a person may obtain an extension of time to complete continuing education required to renew the person's certificate or license.
(b)  The board may require a person under this section to:
(1)  pay an additional fee, not to exceed $200, on or before the date the certificate or license is scheduled to expire;  and
(2)  complete the required continuing education not later than the 60th day after the date the certificate or license is scheduled to expire.
(c)  Notwithstanding the other provisions of this section, a person must complete the required continuing education before performing an appraisal in a federally related transaction.
Added by Acts 2003, 78th Leg., ch. 106, Sec. 2, eff. Sept. 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 E. Certificate and License Requirements › Section 1103.213. Inactive Certificate or License

Sec. 1103.213.  INACTIVE CERTIFICATE OR LICENSE.  (a)  The board may place on inactive status the certificate or license of a person who:
(1)  is not acting as an appraiser or an appraiser trainee;
(2)  is not acting as a supervisory appraiser of an appraiser trainee; and
(3)  submits a written application to the board before the expiration date of the certificate or license.
(b)  The board may place on inactive status the certificate or license of an appraiser or an appraiser trainee whose certificate or license has expired if the person:
(1)  applies for inactive status on a form prescribed by the board not later than the 180th day after the expiration date of the certificate or license; and
(2)  meets the requirements of Section 1103.2111.
(c)  A supervisory appraiser applying for inactive status shall terminate the appraiser's association with each appraiser trainee supervised by the appraiser by giving written notice to each appraiser trainee before the 30th day preceding the date the appraiser applies for inactive status.
(d)  An appraiser or an appraiser trainee on inactive status:
(1)  may not perform any activity regulated under this chapter;
(2)  must pay annual renewal fees; and
(3)  is not required to pay the annual registry fee described by Section 1103.156(b).
(e)  The board shall maintain a list of each appraiser whose certificate or license is on inactive status.
(f)  The board shall return an appraiser's certificate or license to active status if the appraiser:
(1)  submits an application to the board;
(2)  pays the required fee;
(3)  submits proof of complying with the cumulative continuing education requirements of Section 1103.211 during the period the license has been on inactive status;
(4)  satisfies the board as to the person's honesty, trustworthiness, and integrity; and
(5)  complies with the requirements of Sections 1103.203 and 1103.2031.
Added by Acts 2003, 78th Leg., ch. 106, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 32, 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 1103.214. Denial of Certificate or License Renewal

Sec. 1103.214.  DENIAL OF CERTIFICATE OR LICENSE RENEWAL.  (a)  The board may deny the renewal of a certificate or license issued under this chapter if the applicant is in violation of a board order.
(b)  The denial of a certificate or license renewal under this section is subject to the same provisions as are applicable under Section 1103.210 to the denial of a certificate or license.
Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 28, 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 F. Appraiser Examination › Section 1103.251. Examination Required

Sec. 1103.251.  EXAMINATION REQUIRED.  (a)  The board shall prescribe an appraiser examination.
(b)  The examination must be:
(1)  written; and
(2)  approved 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. 12, 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 F. Appraiser Examination › Section 1103.252. Testing Service

Sec. 1103.252.  TESTING SERVICE.  (a)  The board may contract with a testing service to administer the examination.
(b)  The board or the testing service may collect an examination fee from an applicant for a certificate or license.
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. 33, 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 F. Appraiser Examination › Section 1103.253. Time and Place of Examination; Notice

Sec. 1103.253.  TIME AND PLACE OF EXAMINATION; NOTICE.  The board or the testing service shall offer the examination at least once each month in Austin and at other locations and times as the board may determine or require.  The board shall provide public notice of all examinations on the board's Internet website.
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. 34, 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 F. Appraiser Examination › Section 1103.254. Examination Application

Sec. 1103.254.  EXAMINATION APPLICATION.  (a)  An application to take the examination must be on a form prescribed by the board.
(b)  An application is active for one year beginning on the date the application is initially accepted.  If an applicant does not pass the examination before the first anniversary of the date of application, the applicant must submit a new application and pay the appropriate fees.
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. 13, 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 F. Appraiser Examination › Section 1103.255. Experience Required Before Taking Examination

Sec. 1103.255.  EXPERIENCE REQUIRED BEFORE TAKING EXAMINATION.  An applicant for the examination must fulfill the applicable experience requirement for a certificate or license before taking the examination.
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. 35, 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 F. Appraiser Examination › Section 1103.256. Minimum Passing Grade Required

Sec. 1103.256.  MINIMUM PASSING GRADE REQUIRED.  To pass the examination, an applicant for a certificate or license must achieve the minimum score required 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. 14, 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 F. Appraiser Examination › Section 1103.257. Examination Results

Sec. 1103.257.  EXAMINATION RESULTS.  (a)  Not later than the 10th day after the date a person takes an examination, the board or the testing service shall notify the person of the examination results.
(b)  If notice of the examination results will be delayed for more than 10 days after the examination date, the board shall notify each examinee of the reason for the delay not later than the 10th day.
(c)  If requested in writing by a person who fails an examination, the board shall provide to the person an analysis of the person's performance on the examination.  The request must be accompanied by a statement identifying the person and a fee in an amount determined by the board.  The board shall release the analysis directly to the person requesting the analysis.
(d)  The examination results are confidential.
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. 15, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 36, 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 F. Appraiser Examination › Section 1103.258. Reexamination

Sec. 1103.258.  REEXAMINATION.  (a)  An applicant who fails an examination may apply to retake the examination on payment of an additional examination fee.
(b)  An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the board that the applicant has completed additional education, as prescribed by the board, since the date the applicant last took the examination.
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. 16, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 14, 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 G. Temporary Appraisal Authority for Out-of-State Appraisers › Section 1103.301. Registration Required

Sec. 1103.301.  REGISTRATION REQUIRED.  A person certified or licensed as a real estate appraiser by another state may appraise real property in this state without holding a certificate or license issued under this chapter if the person registers with the board under this subchapter.
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 G. Temporary Appraisal Authority for Out-of-State Appraisers › Section 1103.302. Registration Application

Sec. 1103.302.  REGISTRATION APPLICATION.  A person may register with the board by:
(1)  completing a registration form prescribed by the board;
(2)  meeting the requirements established under this chapter; and
(3)  paying the required fee.
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. 37, 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 G. Temporary Appraisal Authority for Out-of-State Appraisers › Section 1103.303. Eligibility Requirements for Registration

Sec. 1103.303.  ELIGIBILITY REQUIREMENTS FOR REGISTRATION.  A person is eligible to register with the board if:
(1)  the certification and licensing program under which the person is certified or licensed by another state has not been disapproved by the Appraisal Subcommittee; and
(2)  the person's appraisal business in this state does not exceed six months.
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. 17, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 38, 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 G. Temporary Appraisal Authority for Out-of-State Appraisers › Section 1103.304. Extension of Registration

Sec. 1103.304.  EXTENSION OF REGISTRATION.  A person may obtain a 90-day extension of a temporary registration under this subchapter by completing an extension form approved by the board and paying any required fee.  The board may grant only one extension for each temporary registration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 15, 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 H. Appraiser Trainees › Section 1103.351. Supervisory Appraiser

Sec. 1103.351.  SUPERVISORY APPRAISER.  (a)  The board may authorize a certified appraiser under this chapter to supervise an appraiser trainee if the certified appraiser meets the requirements of the board consistent with applicable federal law.
(b)  An appraiser trainee may have more than one supervisory appraiser.
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. 39, 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 H. Appraiser Trainees › Section 1103.352. Application for Appraiser Trainee

Sec. 1103.352.  APPLICATION FOR APPRAISER TRAINEE.  An applicant for a license as an appraiser trainee and each supervisory appraiser of the applicant must apply to the board using the online application on the board's Internet website or on a form prescribed by the board.
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. 40, 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 H. Appraiser Trainees › Section 1103.353. Eligibility Requirements for Appraiser Trainee

Sec. 1103.353.  ELIGIBILITY REQUIREMENTS FOR APPRAISER TRAINEE.  To be eligible for a license as an appraiser trainee, an applicant must:
(1)  be at least 18 years of age;
(2)  be a citizen of the United States or a lawfully admitted alien;
(3)  satisfy the board as to the applicant's honesty, trustworthiness, and integrity;
(4)  comply with the requirements of Sections 1103.203 and 1103.2031; and
(5)  meet all other qualifications established by the 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. 18, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 41, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 29, 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 H. Appraiser Trainees › Section 1103.354. Appraiser Trainee Reports

Sec. 1103.354.  APPRAISER TRAINEE REPORTS.  (a)  An appraiser trainee licensed by the board may perform an appraisal under the direction of a supervisory appraiser.
(b)  The supervisory appraiser shall sign each report prepared by the appraiser trainee performing an appraisal under the direction of the supervisory appraiser.  The supervisory appraiser is responsible to the public and to the board for the appraiser trainee's reports and conduct.
(c)  An appraiser trainee may co-sign a report prepared under this section.
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. 19, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 42, 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 H. Appraiser Trainees › Section 1103.355. Disciplinary Procedures for Appraiser Trainees

Sec. 1103.355.  DISCIPLINARY PROCEDURES FOR APPRAISER TRAINEES.  (a)  The board may reprimand an appraiser trainee or suspend or revoke an appraiser trainee's license to act as an appraiser trainee for a violation of this chapter or a rule adopted under this subchapter.
(b)  A disciplinary proceeding under this section is governed by Chapter 2001, Government Code.
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. 43, 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 H. Appraiser Trainees › Section 1103.356. Renewal of Appraiser Trainee License

Sec. 1103.356.  RENEWAL OF APPRAISER TRAINEE LICENSE.  A person may renew a license as an appraiser trainee by:
(1)  paying the renewal fee established by the board;
(2)  providing evidence satisfactory to the board of completion of any required continuing education; and
(3)  meeting any other renewal requirement established by the board.
Added by Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 16, eff. May 27, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 44, 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 I. Practice by Certified or Licensed Appraiser › Section 1103.401. Use of Insignia or Identification

Sec. 1103.401.  USE OF INSIGNIA OR IDENTIFICATION.  (a)  A person may not use any title, designation, initials, or other insignia or identification that would mislead the public as to the person's credentials, qualifications, or competency to perform a certified appraisal service unless the person is certified under this chapter.
(b)  A person may not use any title, designation, initials, or other insignia or identification that would mislead the public as to the person's credentials, qualifications, or competency to perform licensed appraisal services unless the person is licensed under this chapter.
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 I. Practice by Certified or Licensed Appraiser › Section 1103.402. Signature or Endorsement on Appraisal

Sec. 1103.402.  SIGNATURE OR ENDORSEMENT ON APPRAISAL.  (a)  A person certified or licensed under this chapter may not sign or endorse an appraisal unless the appraisal is substantially produced by that person.
(b)  For purposes of this section, an appraisal is substantially produced by a person who contributes in a material and verifiable manner to the research or analysis that results in the final opinion of value expressed in the appraisal.
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 I. Practice by Certified or Licensed Appraiser › Section 1103.403. Contact Information

Sec. 1103.403.  CONTACT INFORMATION.  (a)  A certified or licensed appraiser who is a resident of this state shall maintain a fixed office in this state.
(b)  Not later than the 10th day after the date an  appraiser changes the appraiser's address, e-mail address, or telephone number, the appraiser shall notify the board of the change and pay any required fee.
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. 17, eff. May 27, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 131 (H.B. 2375), Sec. 18, eff. May 27, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 14.004, eff. September 1, 2013.
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 I. Practice by Certified or Licensed Appraiser › Section 1103.404. Business Records

Sec. 1103.404.  BUSINESS RECORDS.  A person who is certified or licensed under this chapter or who has applied for a certificate or license shall retain all business records relating to each appraisal performed by the person until at least the fifth anniversary of the date of the appraisal.
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 I. Practice by Certified or Licensed Appraiser › Section 1103.405. Professional Standards

Sec. 1103.405.  PROFESSIONAL STANDARDS.  (a)  Except as provided by Subsection (b), a person who holds a certificate, license, or registration issued under this chapter shall comply with:
(1)  the most current edition of the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation; or
(2)  other standards provided by board rule that are at least as stringent as the Uniform Standards of Professional Appraisal Practice.
(b)  A certified or licensed appraiser is not required to comply with the standards described by Subsection (a) to provide:
(1)  an evaluation of real property described by Section 1103.004(4); or
(2)  an analysis, assessment, opinion, conclusion, notation, or compilation of data concerning the value of an interest in real property described by Section 1103.004(5) for use by a non-bank financial institution.
(c)  A document provided under Section 1103.004(4) or (5) must contain on the first page of the document the following notice: "This is not an appraisal performed in accordance with the Uniform Standards of Professional Appraisal Practice."
Added by Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 20, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 45, eff. January 1, 2016.
Acts 2021, 87th Leg., R.S., Ch. 700 (H.B. 2533), Sec. 3, eff. June 15, 2021.
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 J. Disciplinary Proceedings Generally › Section 1103.451. Initiation of Complaint Process

Sec. 1103.451.  INITIATION OF COMPLAINT PROCESS.  (a)  Any person, including a member of the board, may initiate the complaint process under this subchapter by submitting to the board a written allegation of a violation of this chapter on a form prescribed by the board.
(b)  The board, on its own motion, may file a formal complaint against:
(1)  a certified or licensed appraiser, an appraiser trainee, or a registrant under Subchapter G; or
(2)  a person who engages in an activity for which a certificate or license is required under this chapter without holding a certificate or license.
(c)  This subchapter and Subchapter K apply to a complaint filed under Subsection (b)(2) in the same manner as they apply to a complaint filed under Subsection (b)(1).
(d)  An investigation of an alleged violation by a person licensed or certified under this chapter may not be terminated solely on the basis that the person fails to renew the certificate or license.
(e)  The board may not conduct an investigation of a person certified, licensed, or registered under this chapter or Chapter 1104 for an allegation of a violation submitted to the board later than the fourth anniversary of the date the alleged violation occurred.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 106, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 703 (S.B. 381), Sec. 21, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 46, 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 J. Disciplinary Proceedings Generally › Section 1103.452. Review and Investigation

Sec. 1103.452.  REVIEW AND INVESTIGATION.  (a)  The board shall review and investigate an alleged act or omission that is the subject of an allegation submitted or a formal complaint filed under Section 1103.451.
(b)  An investigator designated by the executive director shall investigate each allegation or formal complaint.
(c)  If the board determines at any time that an allegation or formal complaint is inappropriate or without merit, the board or the executive director shall dismiss the complaint and may not take further action.
(d)  For purposes of Subsection (c), a determination that the allegation or complaint is inappropriate or without merit includes a determination that the allegation or complaint:
(1)  is not within the board's jurisdiction;
(2)  was made in bad faith or filed for the purpose of harassment or to gain a competitive or economic advantage; or
(3)  lacks sufficient basis in fact or evidence.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 2, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 47, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 20, 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 J. Disciplinary Proceedings Generally › Section 1103.453. Peer Investigative Committee

Sec. 1103.453.  PEER INVESTIGATIVE COMMITTEE.  (a)  The presiding officer of the board, with the advice and consent of the executive committee, may appoint a peer investigative committee.
(b)  A peer investigative committee consists of two or more certified or licensed appraisers.  The presiding officer of the committee must be an appraiser member of the board.  Each remaining committee member shall certify to the board that the member is familiar with the appraisal process in the appraisal that is the subject of the complaint.
(c)  The peer investigative committee shall:
(1)  review and determine the facts of a complaint;  and
(2)  submit a written report regarding the complaint to the board in a timely manner.
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. 48, 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 J. Disciplinary Proceedings Generally › Section 1103.454. General Subpoena Authority

Sec. 1103.454.  GENERAL SUBPOENA AUTHORITY.  (a)  The board may request and, if necessary, compel by subpoena:
(1)  the attendance of witnesses for examination under oath;  and
(2)  the production of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter for inspection and copying.
(b)  The board may also issue a subpoena for purposes of an investigation of a complaint to determine whether the board should institute a contested case proceeding.
(c)  If a person does not comply with a subpoena, the board, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held.
(d)  The court shall order compliance with the subpoena if the court finds that good cause exists for the issuance of the subpoena.
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 J. Disciplinary Proceedings Generally › Section 1103.455. Report of Investigation Required

Sec. 1103.455.  REPORT OF INVESTIGATION REQUIRED.  (a)  At the conclusion of the investigation of a complaint, the investigator shall prepare a written report to enable the board to determine what further action is necessary.
(b)  The report must contain:
(1)  statements of fact;
(2)  the recommendations of the investigator; and
(3)  the position or defense of the investigated appraiser or appraiser trainee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 3, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 49, 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 J. Disciplinary Proceedings Generally › Section 1103.456. Action Based on Report

Sec. 1103.456.  ACTION BASED ON REPORT.  Based on the report prepared under Section 1103.455, the board may:
(1)  order further investigation of the complaint;
(2)  permit the appraiser or appraiser trainee who is the subject of the complaint to participate in a voluntary discussion of the facts and circumstances of the alleged violation;
(3)  determine that there is not probable cause to believe that a violation occurred and dismiss the case; or
(4)  determine that there is probable cause to believe that a violation occurred and proceed as the complainant with a contested case hearing under Subchapter K.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 4, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 50, 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 J. Disciplinary Proceedings Generally › Section 1103.458. Consent Order

Sec. 1103.458.  CONSENT ORDER.  (a)  The board may negotiate a settlement and enter into a consent order with an appraiser or appraiser trainee who is the subject of a complaint under this subchapter.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff. September 1, 2005.
(c)  A consent order must be:
(1)  approved by the board; and
(2)  signed by the executive director and the appraiser or appraiser trainee who is the subject of the complaint.
(d)  A board member who participates in negotiating a consent order under this section is disqualified from participating in the adjudication of a contested case that results from the negotiation.
(e)  An appraiser or appraiser trainee who consents to negotiate under this section waives the right to notice and the opportunity to be heard under Chapter 2001, Government Code, during the negotiation.
(f)  If the parties agree to a consent order, a statement of charges shall be filed with the consent order.
(g)  An appraiser or appraiser trainee may be disciplined for failure to comply with a consent order.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 6, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 16, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 51, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 21, 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 J. Disciplinary Proceedings Generally › Section 1103.459. Consent Agreement

Sec. 1103.459.  CONSENT AGREEMENT.  (a)  The board may enter into a consent agreement as provided by this section rather than taking action against a violator of the rules of professional conduct adopted by the board.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 704, Sec. 16, eff. September 1, 2005.
(c)  A consent agreement must be:
(1)  approved by the board; and
(2)  signed by the executive director and the appraiser or appraiser trainee who is the subject of the complaint.
(d)  An appraiser or appraiser trainee may be disciplined for failure to comply with a consent agreement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 7, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 704 (S.B. 382), Sec. 16, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 950 (S.B. 1007), Sec. 52, eff. January 1, 2016.
Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 22, 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 J. Disciplinary Proceedings Generally › Section 1103.460. Confidentiality of Investigation Material

Sec. 1103.460.  CONFIDENTIALITY OF INVESTIGATION MATERIAL.  (a)  Information or material, including any investigation file, is confidential and not subject to disclosure under Chapter 552, Government Code, or any other means of legal compulsion for release, including disclosure, discovery, or subpoena, if the information or material is prepared or compiled by the board in connection with a complaint, investigation, or audit of any person subject to the jurisdiction of the board.
(b)  Notwithstanding Subsection (a), information or material prepared or compiled by the board in connection with a complaint, investigation, or audit may be disclosed:
(1)  to the respondent;
(2)  to a person providing a service to the board, including a peer investigative committee appointed under Section 1103.453, an expert or other witness, or an investigator, if the information is necessary for preparation for, or a presentation in, a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal taken from a disciplinary proceeding;
(3)  to an entity in another jurisdiction that licenses, registers, credentials, or disciplines any person subject to the jurisdiction of the board;
(4)  to a law enforcement agency;
(5)  to the State Office of Administrative Hearings; or
(6)  to the board, or a panel of the board, for use during any proceeding conducted by the State Office of Administrative Hearings or in a subsequent trial or appeal of a board action or order.
(c)  The release of information under Subsection (b) is not a voluntary disclosure for purposes of Section 552.007, Government Code.
(d)  The board may require a confidentiality agreement be signed by a person entitled to receive information under Subsection (b) before releasing the information.
(d-1)  The board shall protect the identity of a complainant to the extent possible by excluding the complainant's identifying information from a complaint notice sent to a respondent.
(e)  Notwithstanding Subsection (a), on the dismissal or final resolution of a complaint, investigation, or audit, information or material prepared or compiled by the board in connection with the complaint, investigation, or audit, including a completed audit report or a final order of the board, is subject to disclosure under Chapter 321 or 552, Government Code.
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. 53, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 30, 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 K. Contested Case Hearings › Section 1103.501. Applicability of Administrative Procedure Law

Sec. 1103.501.  APPLICABILITY OF ADMINISTRATIVE PROCEDURE LAW.  Except as otherwise provided by this chapter, a proceeding under this chapter is subject to Chapter 2001, Government Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.