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Meeting Details

11/17/2017 at 10:00 am
Stephen F. Austin Building, Room 170
1700 North Congress
Austin, TX 78701

Meeting Materials

Meeting Video

TALCB Board Meeting


The meeting agenda and any meeting materials can be found under 'Meeting Materials' on the right side of this page. These minutes set out the agenda item, the subject matter discussed, and any action taken on each item. To hear the full discussion on any agenda item, click on the link, and you will be taken directly to that section of the meeting video on the right side of the screen.

Note: While the written portion of the minutes below are published in agenda order, the items may have been presented in a different order.

Agenda Item 1 - Call to order and pledges of allegiance

Agenda Item 2 - Roll call and discussion and possible action to excuse Board member absence(s), if any

A roll call was conducted by the recording secretary and the following members of the Board, constituting a quorum, answered present: Chair Ms. Jamie Wickliffe, Mr. Jim Jeffries, Mr. Buster Renfrow, Mr. Clayton Black, Mr. Chance Bolton, Mr. Tony Peña, Ms. Martha Gayle Reid Lynch, Mr. Alex Sostre, and Ms. Joyce Yannuzzi.

Agenda Item 3 - Appointments to AMC Advisory Committee

No appointments were made.

Agenda Item 4 - Comments from members of the public regarding non-agenda items

No public comments were offered.

Agenda Items 5 & 6 - Consent Agenda

Ratification of the official record of the August 14, 2017, Board meeting as approved for posting on the website by the Secretary of the Board

Approval of agreed final orders and surrenders in the matter of:

     a. Complaint #16-216 & 17-054 (John David Danley, TX-1334382-R)

     b. Complaint #16-281 (Michelle D. Godwin, TX-1338776-R)

     c. Complaint #16-256 (Terry Lee Posey, TX-1323526-R)

     d. Complaint #17-072 (Michael Joseph Kalil, Jr., TX-1323436-R)

     e. Complaint #16-283 (Richard John Tibbenham, TX-1320212-G)

     f. Complaint #17-077 (Christopher B. Smith, TX-1325256-R)

     g. Complaint #17-096, 17-097 & 17-100 (Thomas Matthew Harm, TX-1360247-R)

     h. Complaint #17-128 & 17-154 (Mary Katherine Bright, TX-1327256-R)

     i. Complaint #16-341, 16-348, 17-198 & 17-199 (Gary Eugene Straach, TX-1334813-R)

ACTION TAKEN: Mr. Bolton moved to ratify and approve all items on the consent agenda with the exception of 6c. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Ms. Yannuzzi moved to rescind the order for complaint #16-256 entered on August 14, 2017, and approve item 6c as presented. Mr. Sostre seconded the motion and the Board approved the motion unanimously.

Agenda Item 7 - Discussion and possible action regarding request for modification of agreed order in the matter of Complaints #16-247, 16-251 & 17-080 (Christopher Ryan Diamond, TX-1380066-G)

ACTION TAKEN: Mr. Jeffries moved to ratify and approve the request for modification as presented. Mr. Black seconded the motion, and the Board approved the motion unanimously.

Agenda Item 8 - Executive session to discuss pending litigation or receive the advice of legal counsel pursuant to Texas Government Code §551.071

The Board did not hold an executive session.

Agenda Item 9 - Report by AMC Advisory Committee

Agenda Item 10 - Report by Budget Committee

Agenda Item 11 - Report by Education Committee

Agenda Item 12 - Report by Enforcement Committee

Agenda Item 13 - Staff reports on processes, monthly activities, and statistical data

Agenda Items 14, 15 & 16 - Discussion and possible action to adopt amendments to 22 TAC, Chapter 157, Rules Relating to Practice and Procedure:

Subchapter A

     a. §157.7. Denial of a License; Adverse Action Against a License Holder

Subchapter B

     b. §157.9. Notice of Hearing

     c. §157.12. Failure to Attend Hearing; Default

Subchapter C

     a. §157.15. Decision

     b. §157.17. Final Decisions and Orders

ACTION TAKEN: Mr. Black moved for the adoption of the rules as published. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

The Chair called for a short recess at 11:25am.

The Chair reconvened the meeting at 11:40am.

Agenda Item 17 - Discussion and possible action to adopt new rules and amendments to 22 TAC, Chapter 159, Rules Relating to the Provisions of the Texas Appraisal Management Company Registration and Regulation Act:

     a. §159.1. Definitions

     b. §159.4. Appraisal Management Company Advisory Committee

     c. §159.52. Fees

     d. §159.102. Eligibility for Registration; Ownership

     e. §159.104. Primary Contact; Appraiser Contact

     f. §159.105. Denial of Registration

     g. §159.154. Competency of Appraisers

     h. §159.155. Periodic Review of Appraisals

     i. §159.156. Business Records

     j. §159.201. Guidelines for Revocation, Suspension or Denial of a License

     k. §159.205. Identity Theft

ACTION TAKEN: Mr. Jeffries moved for the adoption of the rules as published. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 18 - Discussion and possible action to propose amendments to 22 TAC §153.21, Appraiser Trainees and Supervisory Appraisers

ACTION TAKEN: Mr. Peña moved that the amendments be published in the Texas Register for public comment as presented. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously. 

Agenda Item 19 - Discussion and possible action to approve the rule review plan for FY 2018

ACTION TAKEN: Mr. Renfrow moved to approve the rule review plan as presented. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 20 - Discussion and possible action to propose review of:

     a. 22 TAC Chapter 155, Rules Relating to Standards of Practice

     b. 22 TAC Chapter 157, Rules Relating to Practice and Procedure

ACTION TAKEN: Ms. Reid Lynch moved that 22 TAC Chapters 155 and 157 be opened for rule review and submitted for publication in the Texas Register for public comment as presented. Mr. Bolton seconded the motion, and the Board approved the motion unanimously. 

Agenda Item 21 - Discussion and possible action regarding agency response to Hurricane Harvey

ACTION TAKEN: Mr. Jeffries moved to ratify the action approved by the Chair of the Board and the Governor's office in response to Hurricane Harvey as presented. Ms. Yannuzzi seconded the motion, and the Board approved the motion unanimously.

Agenda Item 22 - Update regarding adoption and implementation of the AMC Registry Fee Rule

Agenda Item 23 - Discussion and possible action regarding proposed changes to the Appraisal Subcommittee (ASC) Policy Statements and filing comments on behalf of TALCB

ACTION TAKEN: Mr. Peña moved that the Board delegate authority to review and approve comments to be submitted, if any, to the Executive Committee. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 24a - Discussion and possible action on recommendations from the Enforcement Committee regarding proposed changes to Mentor Guidelines

ACTION TAKEN: Mr. Jeffries moved that the Board adopt changes to the Mentor Guidelines as presented. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Agenda Item 24b - Discussion and possible action on recommendations from the Enforcement Committee regarding HB 91 recommendations

ACTION TAKEN: Mr. Sostre moved that the Board make no changes to the Board rules as recommended by the Enforcement Committee. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Agenda Item 24c - Discussion and possible action on recommendations from the Enforcement Committee regarding automated valuation models and providing valuations without holding an appraiser license

ACTION TAKEN: Mr. Jeffries moved to adopt the Enforcement Committee recommendations to file a complaint with TREC against those automated valuation models licensed by TREC who do not comply with TREC Rule 535.17 and to refer this item to the Executive Committee for further review. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Agenda Item 25 - Discussion and possible action regarding amendment to FY2018 TALCB Budget

ACTION TAKEN: Mr. Black moved that the Board adopt the amendment to the FY2018 TALCB Budget as presented. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Agenda Item 26 - Discussion and possible action regarding nominations to create a slate of candidates for the offices of Vice Chair and Secretary of the Board

ACTION TAKEN: The Chair opened the floor for nominations. Mr. Bolton nominated Ms. Reid Lynch for Vice Chair. Mr. Jeffries nominated Mr. Renfrow for Secretary. Mr. Black moved to cease nominations. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Agenda Item 27 - Discussion and possible action regarding acceptable forms of payment made to the agency

No action was taken.

Agenda Item 28 - Discussion regarding the TREC FY2018 Internal Audit Report and TREC FY2018 Internal Audit Plan

Agenda Item 29 - Discussion and possible action to approve changes to TALCB forms:

     a. AMC-3, Application for Registration as an Appraisal Management Company (AMC)

     b. AMCR-3, Renewal of Registration as an Appraisal Management Company (AMC)

     c. COP-1, Appraisal Management Company (AMC) Change of Owner/Primary Contact Person

     d. AMCOPB-2, Appraisal Management Company (AMC) Owner/Primary Contact Background History

     e. ID-0, Request for Issuance of New License Due to Identity Theft

ACTION TAKEN: Mr. Bolton moved that the Board approve changes to TALCB forms as presented with an effective date consistent with the rule changes.

Agenda Item 30 - Request for future meeting agenda items

Ms. Wickliffe requested updates from the Working Group for Texas ACE Course and the Facilities Working Group. She also requested an update regarding the Texas Residential Realty Summit scheduled for April 2018.

Agenda Item 31 - Discussion and possible action to schedule future meeting dates

Mr. Black moved to reschedule the next meeting for February 9, 2018. Mr. Bolton seconded the motion, and the Board approved the motion unanimously. 

Future meeting dates were confirmed for May 4, 2018 and August 17, 2018.

Agenda Item 32 - The Chair adjourned the meeting at 12:50pm.