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Meeting Details

08/17/2018 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 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 - Governor Appointments to AMC Advisory Committee

Commissioner Douglas Oldmixon announced that Mr. David Mentesana was recently appointed to serve on the AMC Advisory Committee for a term set to expire January 31, 2020.

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

Comments were made by Snapper Carr, representing himself, expressing concern for current processing times for applications and experience audits.   

Agenda Item 5 - Presentation from CoreLogic

Agenda Items 6 & 7 - Consent Agenda

Ratification of the official record of the April 23, 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 #18-170, 18-186 & 18-187 (Daniel K. Godwin, TX-1360344-R)

b. Complaint #18-242 (Jose Antonio Acosta, TX-1324837-R)

c. Complaint #18-054 (Lewis Wayne Elliott, TX-1326394-R)

d. Complaint #18-146 (Jack Lester Vandever, TX-1360329-R)

e. Complaint #17-151 (Patrick Roy Kimbell, TX-1321596-G)

f. Complaint #18-188 & 18-226 (Richard Alfred Hess, TX-1338592-G)

g. Complaint #18-119 (Armando Xavier Martinez, TX-1360604-R)

h. Complaint #18-077 (Tyson Shane Finley, TX-1337148-R)

ACTION TAKEN: Mr. Jeffries moved to ratify and approve items 6, 7a-7d, 7g and 7h. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Mr. Jeffries moved to approve items 7e and 7f. Mr. Bolton 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

ACTION TAKEN: The Chair called the Board into executive session at 11:06am.

The Chair reconvened the meeting at 12:50pm.

Agenda Item 9 - Report by Appraiser Continuing Education Working Group

Agenda Item 10 - Report by Long-Term Facilities Working Group

Agenda Item 11 - Report by Budget Committee

Agenda Item 12 - Report by Education Committee

Agenda Item 13 - Report by Enforcement Committee

Agenda Item 14 - Report by Executive Committee

Agenda Item 15 - Staff reports on processes, monthly activities, and statistical data

Agenda Item 16 - Discussion and possible action to adopt 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: Mr. Peña moved for the adoption of the rule as published with an effective date of September 15, 2018. Mr. Black seconded the motion, and the Board approved the motion unanimously.

Agenda Item 17 - Discussion and possible action to adopt a new rule 22 TAC §155.3, Work Relating to Commercial Real Estate Transactions

Comments were made by Linda Powers, representing the Appraisal Institute.

Comments were made by Scott Dibiasio, representing the Appraisal Institute.

ACTION TAKEN: Mr. Bolton moved to withdraw the rule and refer it to the Enforcement Committee for further consideration and recommendation. Mr. Sostre seconded the motion, and the motion passed by a vote of 7 to 2 with Mr. Jeffries and Mr. Renfrow voting Nay. 

Agenda Item 18 - Discussion and possible action to renew 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: Ms. Reid Lynch moved to renew the emergency rule amendments through September 14, 2018. Ms. Yannuzzi seconded the motion, and the Board approved the motion unanimously.

Agenda Item 19 - 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. §153.5. Fees

b. §153.18. Appraiser Continuing Education (ACE)

c. §153.40. Approval of Continuing Education Providers and Courses

d. §153.41. ACE Providers: Compliance and Enforcement

ACTION TAKEN: Mr. Black moved that the amendments and new rules 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 20 - Discussion and possible action to propose amendments to 22 TAC Chapter 159, Rules Relating to the Provisions of the Texas Appraisal Management Company Registration and Regulation Act:

a. §159.3. Appraisal Management Company Advisory Committee

b. §159.105. Denial of Registration or Renewal of Registration

c. §159.108. Renewal

d. §159.155. Periodic Review of Appraisals

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

Agenda Item 21 - Discussion and possible action to close review of:

a. 22 TAC Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act

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

ACTION TAKEN: Mr. Renfrow moved to close the review of 22 TAC Chapters 153 and 155. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Agenda Item 22 - Discussion and possible action regarding TALCB FY2019 Budget and budget-related policies

Mr. Black moved to adopt the FY2019 Budget and budget-related policies as presented. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Agenda Item 23 - Update regarding 2018 Appraisal Subcommittee Final Review

The Chair called for a break at 2:35pm.

The Chair reconvened the meeting at 2:45pm.

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

ACTION TAKEN: Mr. Jeffries moved to adopt changes to the Mentor Guidelines as presented. Ms. Reid Lynch seconded the motion, and the motion was approved unanimously.

Agenda Item 24b - Discussion and possible action regarding recommendations from the Enforcement Committee regarding revocation of Mentor appointment for Mark Loftus

Comments were made by Don Walden, attorney for Mark Loftus.

Comments were made by Mark Loftus, representing himself.

ACTION TAKEN: Mr. Renfrow moved to refer this item to the Enforcement Committee for further consideration and recommendation. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.  

Agenda Item 25 - Discussion and possible action to approve changes to the MOU between TALCB and TREC

ACTION TAKEN: Mr. Bolton moved to adopt the MOU as presented. Mr. Renfrow seconded the motion, and the Board approved the motion unanimously.

Agenda Item 26 - Discussion regarding Internal Review of Call Center Operations

Agenda Item 27 - Discussion regarding renewal of Internal Auditor contract and Internal Audit Plan for FY2019

Agenda Item 28 - Discussion and possible action to approve changes to Appraiser Continuing Education (ACE) Submission Form for Online Renewals

ACTION TAKEN: Mr. Jeffries moved to approve changes to the form as presented with an effective date consistent with the rule change. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 29 - Request for potential future meeting agenda items

Agenda Item 30 - Discussion and possible action to schedule future meeting dates

Future meeting dates were confirmed for November 16, 2018 and February 8, 2019.

Agenda Item 31 - The Chair adjourned the meeting at 3:25pm.