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Meeting Details

04/23/2018 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 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. Chance Bolton, Mr. Tony Peña, Ms. Martha Gayle Reid Lynch, Mr. Alex Sostre, and Ms. Joyce Yannuzzi.

ACTION TAKEN: Mr. Jeffries moved to excuse the absence of Mr. Clayton Black. Mr. Renfrow seconded the motion, and the Board approved the motion unanimously.

Agenda Item 3 - Governor 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 February 9, 2018 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 #18-006 (Yves De Diesbach, TX-1333996-R)

b. Complaint #17-326 (Charles Rudy Garza, TX-1323818-G)

c. Complaint #17-070 & 17-091 (Lawrence Ellis, TX-1360505-R)

ACTION TAKEN: Mr. Peña moved to ratify and approve all items on the consent agenda as presented. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Agenda Item 7 - Discussion and possible action on proposal for decision from the State Office of Administrative Hearings in the matter of SOAH Docket #329-18-0197.ALC (Eleazar Fuentes, TX-1360042-R)

ACTION TAKEN: Mr. Sostre moved to adopt the proposal for decision. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Agenda Item 8 - Executive session to discuss pending litigation or receive advice of legal counsel pursuant to Texas Government Code §551.071 and personnel matters pursuant to Texas Government Code §551.074

ACTION TAKEN: The Chair called the Board into executive session at 10:15am.

The Chair reconvened the meeting at 11:45am.

Agenda Item 9 - Report by Appraiser Continuing Education Working Group

Agenda Item 10 - Report by Budget Committee

Agenda Item 11 - Report by Enforcement Committee

Agenda Item 12 - Report by Executive Committee

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

Agenda Item 14 - Discussion and possible action to adopt amendments to 22 TAC, Chapter 157, Subchapter A, General Provisions:

a. §157.4. Computation of Time

b. §157.8. Order Modifications

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

Agenda Item 15 - Discussion and possible action to adopt amendments to 22 TAC, Chapter 157, Subchapter B, Contested Case Hearings:

a. §157.9. Notice of Hearing

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

Agenda Item 16 - Discussion and possible action to adopt amendments to 22 TAC, Chapter 157, Subchapter C, Post Hearing:

a. §157.15. Decision

b. §157.16. Exceptions and Replies

c. §157.17. Final Decisions and Orders

d. §157.18. Motions for Rehearing

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

Agenda Item 17 - Discussion and possible action to adopt amendments to 22 TAC, Chapter 157, Subchapter D, Penalties and Other Enforcement Provisions:

a. §157.25. Temporary Suspension

ACTION TAKEN: Mr. Bolton moved for the adoption of the rule as published. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Agenda Item 18 - Discussion and possible action to adopt amendments to 22 TAC, Chapter 157, Subchapter E, Alternative Dispute Resolution:

a. §157.30. Alternative Dispute Resolution

b. §157.32. Negotiated Settlement

c. §157.33. Mediation

d. §157.37. Agreements

ACTION TAKEN: Mr. Peña moved for the adoption of the rules as published. Mr. Sostre seconded the motion, and the Board approved the motion unanimously.

Agenda Item 19 - Discussion and possible action to adopt emergency rule amendments to 22 TAC Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act:

a. §153.10. Issuance of Certification, License, or Trainee Approval

b. §153.15. Experience Required for Licensing

c. §153.16. License Reinstatement

d. §153.17. Renewal or Extension of License

e. §153.21. Appraiser Trainees and Supervisory Appraisers

f.  §153.22. Voluntary Appraiser Trainee Experience Reviews

ACTION TAKEN: Mr. Bolton moved for the adoption of the amendments on an emergency basis as presented with an effective date of May 1, 2018. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 20 - Discussion and possible action to adopt an emergency rule 22 TAC §155.3, Work Relating to Commercial Real Estate Transactions

ACTION TAKEN: Mr. Bolton moved to decline adoption of the emergency rule amendments. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

Agenda Item 21 - Discussion and possible action to propose amendments to 22 TAC Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act:

a. §153.1. Definitions

b. §153.8. Scope of Practice

c. §153.9. Applications

d. §153.10. Issuance of Certification, License, or Trainee Approval

e. §153.11. Examinations

f.  §153.13. Education Required for Licensing

g. §153.15. Experience Required for Licensing

h. §153.16. License Reinstatement

i.  §153.17. Renewal or Extension of License

j.  §153.18. Appraiser Continuing Education (ACE)

k. §153.20. Guidelines for Revocation, Suspension, Denial of License; Probationary License

l.  §153.21. Appraiser Trainees and Supervisory Appraisers

m. §153.22. Voluntary Appraiser Trainee Experience Reviews

n. §153.24. Complaint Processing

o. §153.26. Identity Theft

p. §153.27. License by Reciprocity

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

Agenda Item 22 - Discussion and possible action to propose a new rule 22 TAC §155.3, Work Relating to Commercial Real Estate Transactions

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

Agenda Item 23 - Discussion and possible action to close review of 22 TAC Chapter 157, Rules Relating to Practice and Procedure

ACTION TAKEN: Ms. Yannuzzi moved to close the review of 22 TAC Chapter 157, Rules Relating to Practice and Procedure. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 24 - Discussion and possible action to open review of 22 TAC Chapter 159, Rules Relating to the Provisions of the Texas Appraisal Management Company and Regulation Act

ACTION TAKEN: Mr. Renfrow moved that 22 TAC Chapter 159, Rules Relating to the Provisions of the Texas Appraisal Management Company and Regulation Act, be opened for rule review and submitted for publication in the Texas Register for public comment as presented. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

Agenda Item 25 - Update regarding the Long Term Facilities Master Plan

Agenda Item 26 - Discussion and possible action regarding 2018 Appraisal Subcommittee Preliminary Compliance Review

ACTION TAKEN: Mr. Jeffries moved that the Board authorize the Executive Committee to provide final approval of the TALCB Response to the 2018 Appraisal Subcommittee Preliminary Compliance Review. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Agenda Item 27 - Discussion and possible action to approve 2019-2023 TALCB Strategic Plan

ACTION TAKEN: Mr. Peña moved that the Board authorize the Executive Committee to provide final approval of the Agency Strategic Plan before submission to the Legislative Budget Board.

Agenda Item 28 - Discussion and possible action regarding FY 2019 draft budget

No action was taken.

Agenda Item 29 - Discussion and possible action regarding two-year renewal of agency contract with Pearson VUE for License Examination Development and Administration

ACTION TAKEN: Mr. Bolton moved to approve the renewal of the contract with Pearson VUE with an amendment to eliminate the use of palm vein technology for TALCB exam candidates and continue to rely on the use of a photo and signature for identity verification. Ms. Yannuzzi seconded the motion, and the Board approved the motion unanimously.

Agenda Item 30 - Discussion and possible action regarding recommendations from the Executive Committee related to education providers offering unapproved courses

ACTION TAKEN: Mr. Jeffries moved that the Education Committee develop proposed rules for education providers and courses for consideration by the Board at a future meeting. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 31 - Discussion regarding performance review and salary of TALCB Commissioner

Agenda Item 32 - Discussion regarding Annual Internal Audit Report

Agenda Item 33 - Discussion regarding Texas Workforce Commission Audit Report

Agenda Item 34 - Discussion and possible action to approve changes to TALCB forms:

a. Application for Approval as an Appraiser Trainee

b. Application for Licensed Residential Appraiser

c. Application for Certified Residential Appraiser

d. Application for Certified General Appraiser

ACTION TAKEN: Mr. Bolton moved to approve changes to TALCB forms as presented with an effective date of May 1, 2018. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Agenda Item 35 - Request for potential future meeting agenda items

Ms. Yannuzzi requested an update regarding changes and upgrades being implemented to decrease call center hold times.

Agenda Item 36 - Discussion and possible action to schedule future meeting dates

Future meeting dates were confirmed for August 17, 2018 and November 16, 2018.

Agenda Item 37 - The Chair adjourned the meeting at 2:23pm.