SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 1103.003 - Definitions
In this chapter: (1) "Appraisal" means, regardless of whether prepared for a federally related transaction: (A) an opinion of value; or (B) the act or...
- Texas Section 1103.004 - Effect Of Chapter
This chapter does not prohibit: (1) a person authorized by law from performing an evaluation of real property for or providing an evaluation of real...
SUBCHAPTER B TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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;...
SUBCHAPTER C COMMISSIONER AND OTHER BOARD PERSONNEL
- Texas Section 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...
- Texas Section 1103.101 - Commissioner
(a) The administrator of the Texas Real Estate Commission shall serve as commissioner. (b) The board may delegate to the commissioner the responsibility for administering...
- Texas Section 1103.102 - Other Board Personnel
In addition to the commissioner, the board may employ other officers and employees as necessary to administer this chapter and Chapter 1104. Added by Acts...
- Texas Section 1103.103 - Salaries
The commissioner shall determine the salaries of the officers and employees of the board. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff....
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 1103.104 - Duties Of Commissioner
The commissioner shall: (1) disseminate information; (2) administer rules adopted by the board under this chapter or Chapter 1104; (3) review each application for a...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1103.153 - Rules Relating To Qualifying Or Continuing Education
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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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;...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E CERTIFICATE AND LICENSE REQUIREMENTS
- Texas Section 1103.159 - Advisory Committee
(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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1103.209 - Reciprocal Certificate Or License
(a) The board shall issue a reciprocal license or certificate to an applicant from another state if: (1) the appraiser licensing and certification program of...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F APPRAISER EXAMINATION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER G TEMPORARY APPRAISAL AUTHORITY FOR OUT-OF-STATE APPRAISERS
- Texas Section 1103.259 - Guidelines; Study Guides
(a) The board shall: (1) periodically publish guidelines and preexamination study guides; (2) make the guidelines and study guides available to applicants; and (3) update...
- Texas Section 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...
- Texas Section 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;...
- Texas Section 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...
SUBCHAPTER H APPRAISER TRAINEES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER I PRACTICE BY CERTIFIED OR LICENSED APPRAISER
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER J DISCIPLINARY PROCEEDINGS GENERALLY
- Texas Section 1103.405 - Professional Standards
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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER K CONTESTED CASE HEARINGS
- Texas Section 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...
- Texas Section 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.,...
- Texas Section 1103.5011 - Notice Of Violation And Penalty
(a) The commissioner may send an appraiser against whom a complaint has been filed a notice of violation including: (1) a summary of the alleged...
- Texas Section 1103.5012 - Penalty To Be Paid Or Hearing Requested
If the person accepts the commissioner's determination, or fails to respond in a timely manner to the notice, the board by order shall approve the...
- Texas Section 1103.502 - Notice Of Hearing
(a) The board shall provide notice to the parties of a contested case hearing. (b) The notice must: (1) state the time and place of...
- Texas Section 1103.503 - Statement Of Charges
(a) The attorney representing the board shall prepare the statement of charges. (b) The statement of charges must: (1) state each act or omission with...
- Texas Section 1103.504 - Attorney General Representation
The attorney general may not represent the board in a contested case before the State Office of Administrative Hearings. Added by Acts 2001, 77th Leg.,...
- Texas Section 1103.505 - Answer
The appraiser's or appraiser trainee's answer must contain: (1) the name, address, and telephone number of the appraiser or appraiser trainee; (2) a specific statement...
- Texas Section 1103.506 - Discovery Procedures
The discovery procedures that are applicable to a civil action are applicable to a proceeding under this chapter. Added by Acts 2001, 77th Leg., ch....
- Texas Section 1103.507 - Subpoena In Contested Case
(a) The commissioner shall issue a subpoena to compel the attendance of a witness or the production of records or other evidence if: (1) a...
- Texas Section 1103.508 - Hearing
(a) A contested case hearing shall be conducted before an administrative law judge of the State Office of Administrative Hearings. (b) Repealed by Acts 2005,...
- Texas Section 1103.510 - Failure To Appear
(a) If an appraiser or appraiser trainee receives proper notice of a contested case hearing but does not appear in person at the hearing, the...
- Texas Section 1103.511 - Open Hearing
A contested case hearing is open to the public. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
- Texas Section 1103.512 - Record Of Proceedings
(a) Contested case proceedings shall be recorded by: (1) mechanical or electrical means; or (2) a certified shorthand reporter. (b) At the request of a...
- Texas Section 1103.513 - Order Of Proceedings
A contested case hearing shall be conducted in the following order, subject to modification at the discretion of the administrative law judge: (1) the administrative...
- Texas Section 1103.514 - Copies Of Evidence
A copy of each document offered as evidence at a contested case hearing shall be provided to the opposing party. Added by Acts 2001, 77th...
- Texas Section 1103.515 - Response To Certain Accusations
(a) To the extent an appraiser or appraiser trainee believes the appraiser or appraiser trainee is being asked to reply to an accusation, innuendo, or...
- Texas Section 1103.516 - Direct Examination
In a contested case hearing, the administrative law judge may conduct a direct examination of a witness at any stage of the witness's testimony. Added...
- Texas Section 1103.517 - Immunity Of Witnesses
(a) The board in a contested case hearing may grant a witness immunity from disciplinary action by the board. (b) The official record of the...
- Texas Section 1103.518 - Action After Hearing
On conclusion of a contested case hearing and on submission of all written responses allowed under Section 1103.515, the administrative law judge shall: (1) make...
- Texas Section 1103.519 - Motion For Rehearing
(a) A party may file a motion for rehearing with the board. The motion must state: (1) the specific grounds for rehearing; and (2) the...
- Texas Section 1103.520 - Decision On Rehearing
(a) The decision made at the conclusion of the original contested case hearing may not be reversed or modified for a procedural, evidentiary, or other...
- Texas Section 1103.521 - Decision; Order
(a) The administrative law judge shall file the judge's final decision in a contested case hearing with the commissioner. (b) A copy of the decision...
- Texas Section 1103.522 - Waiting Period
A person whose certificate or license has been revoked, a person who has surrendered a certificate or license issued by the board, or a person...
SUBCHAPTER L PENALTIES AND OTHER ENFORCEMENT PROVISIONS
- Texas Section 1103.523 - Cost Recovery
The administrative law judge may award reasonable costs to the board on a request for and proof of the costs if the respondent fails to...
- Texas Section 1103.551 - Injunction
(a) The board may institute an action in its own name against any person, including a person who is not certified or licensed under this...
- Texas Section 1103.5511 - Temporary Suspension
(a) The presiding officer of the board shall appoint a disciplinary panel consisting of three board members to determine whether a person's license or certification...
- Texas Section 1103.552 - Administrative Penalty
(a) The board may impose an administrative penalty for a violation of this chapter or a rule adopted or order issued by the board under...
- Texas Section 1103.5525 - Cease And Desist Order
(a) If it appears to the board that a person is violating this chapter, Chapter 1104, or a rule adopted under this chapter or Chapter...
- Texas Section 1103.553 - Civil Penalty For Filing Frivolous Complaint
(a) A certified or licensed appraiser who files against another certified or licensed appraiser a complaint that the board determines to be frivolous is liable...
- Texas Section 1103.5535 - Civil Penalty For Engaging In Activity Without Required Certificate Or License
(a) A person who receives consideration for engaging in an activity for which a certificate or license is required under this chapter and who does...
- Texas Section 1103.554 - Criminal Penalty For Misrepresenting Qualifications
(a) A person commits an offense if the person knowingly: (1) provides false information in connection with an affidavit filed under Section 1103.205; or (2)...
- Texas Section 1103.5545 - Criminal Penalty For Engaging In Activity Without Required Certificate Or License
(a) A person commits an offense if the person engages in an activity for which a certificate or license is required under this chapter without...