Tex. Occ. Code Section 1104.004
Exemptions


(a)

This chapter does not apply to:

(1)

a person who exclusively employs appraisers on an employer and employee basis for the performance of appraisals;

(2)

a person acting as an appraisal firm as defined by board rule that at all times during a calendar year employs on an exclusive basis as independent contractors not more than 15 appraisers for the performance of appraisals;

(3)

a financial institution, including a department or unit within the institution, that is regulated by an agency of this state or the United States government;

(4)

subject to Subsection (b), a person who enters into an agreement with an appraiser for the performance of an appraisal that on completion results in a report signed by both the appraiser who completed the appraisal and the appraiser who requested completion of the appraisal;

(5)

an appraisal management company:

(A)

operating only in this state with an appraisal panel of not more than 15 appraisers at all times during a calendar year; or

(B)

operating in multiple states, including this state, with an appraisal panel of not more than 24 appraisers in all states at all times during a calendar year;

(6)

an appraisal management company that is a subsidiary owned and controlled by a financial institution that is subject to appraisal independence standards at least as stringent as those under Section 1104.203 (Prohibited Practices) or the Truth in Lending Act (15 U.S.C. Section 1601 et seq.) through regulation by an agency of this state or the United States government; or

(7)

subject to Section 1104.052 (Fees)(c), a federally regulated appraisal management company.

(b)

An appraisal management company may not require an employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by another appraiser who contracts with the appraisal management company in order to avoid the requirements of this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 256 (H.B. 1146), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 107 (S.B. 1516), Sec. 2, eff. September 1, 2017.

Source: Section 1104.004 — Exemptions, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1104.­htm#1104.­004 (accessed May 11, 2024).

1104.001
Short Title
1104.002
Purpose
1104.003
Definitions
1104.004
Exemptions
1104.051
Rules
1104.052
Fees
1104.101
Registration Required
1104.102
Eligibility for Registration
1104.103
Application for Registration or Renewal
1104.104
Designation of Primary Contact
1104.105
Denial of Registration or Renewal
1104.106
Issuance and Publication of Registration Number
1104.107
Expiration of Registration
1104.151
Employment of Certain Persons Prohibited
1104.152
Verification of Licensure or Certification
1104.153
Appraisal Review
1104.154
Competency of Appraisers
1104.155
Professional Standards
1104.156
Business Records
1104.157
Compensation of Appraisers
1104.158
Statement of Fees
1104.159
Disclosure of Registration Number
1104.160
Mandatory Reporting
1104.161
Removal of Appraiser from Appraisal Panel
1104.162
Dispute Resolution
1104.201
Disciplinary Powers of Board
1104.202
Administrative Penalty
1104.203
Prohibited Practices
1104.204
Complaint
1104.205
Review and Investigation
1104.206
General Subpoena Authority
1104.207
Report of Investigation Required
1104.208
Action Based on Report
1104.209
Notice of Violation and Penalty
1104.210
Penalty to Be Paid
1104.211
Temporary Suspension
1104.212
Notice of Hearing
1104.213
Applicability of Administrative Procedure Law
1104.214
Action After Hearing
1104.215
Decision by Board
1104.216
Motion for Rehearing
1104.217
Decision on Rehearing
1104.251
Injunction
1104.252
Civil Penalty for Engaging in Activity Without Required Registration
1104.253
Criminal Penalty for Engaging in Activity Without Required Registration
1104.2051
Investigative Committee
1104.2081
Agreed Order
1104.2082
Confidentiality of Investigation Material
1104.2121
Attorney General Representation
1104.2122
Immunity of Witnesses
1104.2131
Record of Proceedings
1104.2132
Failure to Appear

Accessed:
May 11, 2024

§ 1104.004’s source at texas​.gov