Tex. Occ. Code Section 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 (Real Estate Brokers and Sales Agents) 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 (Certificate or License Required)(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.

Source: Section 1103.004 — Applicability of Chapter, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1103.­htm#1103.­004 (accessed Jun. 5, 2024).

1103.001
Short Title
1103.002
Purpose
1103.003
Definitions
1103.004
Applicability of Chapter
1103.006
Application of Sunset Act
1103.051
Texas Appraiser Licensing and Certification Board
1103.052
Board Membership
1103.053
Qualifications of Appointed Members
1103.054
Eligibility of Public Members
1103.055
Terms
1103.056
Officers
1103.057
Grounds for Removal
1103.058
Per Diem
1103.059
Quasi-judicial Immunity
1103.060
Educational Presentations
1103.101
Executive Director
1103.102
Other Board Personnel
1103.103
Salaries
1103.104
Duties of Executive Director
1103.105
Division of Responsibilities
1103.151
Rules Relating to Certificates and Licenses
1103.152
Appraiser Certificate and License Categories
1103.153
Rules Relating to Qualifying or Continuing Education
1103.154
Rules Relating to Professional Conduct
1103.155
Roster
1103.156
Fees
1103.157
Gifts, Grants, and Donations
1103.158
Expert Witness Testimony by Board Member
1103.159
Advisory Committee on Appraisal Management Companies
1103.160
Advisory Committees
1103.161
Public Participation
1103.162
Negotiated Rulemaking and Alternative Dispute Resolution Procedures
1103.163
Complaint Information
1103.201
Certificate or License Required
1103.202
Eligibility Requirements for Certificate or License
1103.203
Certificate or License Application
1103.204
Fulfillment of Education Requirements
1103.205
Fulfillment of Experience Requirements
1103.206
Verification of Education and Experience
1103.207
Additional Information from Certain Applicants
1103.209
Reciprocal Certificate or License
1103.210
Denial of Certificate or License
1103.211
Certificate or License Renewal
1103.212
Extension of Time to Complete Required Continuing Education
1103.213
Inactive Certificate or License
1103.214
Denial of Certificate or License Renewal
1103.251
Examination Required
1103.252
Testing Service
1103.253
Time and Place of Examination
1103.254
Examination Application
1103.255
Experience Required Before Taking Examination
1103.256
Minimum Passing Grade Required
1103.257
Examination Results
1103.258
Reexamination
1103.301
Registration Required
1103.302
Registration Application
1103.303
Eligibility Requirements for Registration
1103.304
Extension of Registration
1103.351
Supervisory Appraiser
1103.352
Application for Appraiser Trainee
1103.353
Eligibility Requirements for Appraiser Trainee
1103.354
Appraiser Trainee Reports
1103.355
Disciplinary Procedures for Appraiser Trainees
1103.356
Renewal of Appraiser Trainee License
1103.401
Use of Insignia or Identification
1103.402
Signature or Endorsement on Appraisal
1103.403
Contact Information
1103.404
Business Records
1103.405
Professional Standards
1103.451
Initiation of Complaint Process
1103.452
Review and Investigation
1103.453
Peer Investigative Committee
1103.454
General Subpoena Authority
1103.455
Report of Investigation Required
1103.456
Action Based on Report
1103.458
Consent Order
1103.459
Consent Agreement
1103.460
Confidentiality of Investigation Material
1103.501
Applicability of Administrative Procedure Law
1103.502
Notice of Hearing
1103.503
Statement of Charges
1103.504
Attorney General Representation
1103.505
Answer
1103.506
Discovery Procedures
1103.507
Subpoena in Contested Case
1103.508
Hearing
1103.510
Failure to Appear
1103.511
Open Hearing
1103.512
Record of Proceedings
1103.513
Order of Proceedings
1103.514
Copies of Evidence
1103.515
Response to Certain Accusations
1103.516
Direct Examination
1103.517
Immunity of Witnesses
1103.518
Action After Hearing
1103.519
Motion for Rehearing
1103.520
Decision on Rehearing
1103.0521
Membership and Employee Restrictions
1103.521
Decision
1103.522
Waiting Period
1103.523
Cost Recovery
1103.0545
Training
1103.551
Injunction
1103.552
Administrative Penalty
1103.553
Civil Penalty for Filing Frivolous Complaint
1103.554
Criminal Penalty for Misrepresenting Qualifications
1103.2031
Criminal History Record Information Requirement
1103.2091
Probationary Certificate or License
1103.2111
Late Renewal of Certificate or License
1103.5011
Notice of Violation and Penalty
1103.5012
Penalty to Be Paid or Hearing Requested
1103.5511
Temporary Suspension
1103.5525
Cease and Desist Order
1103.5526
Refund
1103.5535
Civil Penalty for Engaging in Activity Without Required Certificate or License
1103.5545
Criminal Penalty for Engaging in Activity Without Required Certificate or License

Accessed:
Jun. 5, 2024

§ 1103.004’s source at texas​.gov