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Meeting Details

10/12/2018 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, Ms. Martha Gayle Reid Lynch, Mr. Buster Renfrow, Mr. Chance Bolton, Mr. Tony Peña, Mr. Alex Sostre, and Ms. Joyce Yannuzzi.

ACTION TAKEN: Mr. Peña moved to excuse the absences of Mr. Clayton Black and Mr. Jim Jeffries. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

The Chair called the Board into executive session at 10:35am.

The Chair reconvened the meeting at 11:40am.

Agenda Item 3 - Discussion and possible action regarding agency response to Sunset Staff Report

Issue 1.1 - Continue the Real Estate Commission and Appraiser Board for six years and place them under the SDSI Act.

ACTION TAKEN: Ms. Reid Lynch moved that the Board agree with the Sunset Staff recommendation to continue the Agency for six years, but disagree that the Agency should be placed under the SDSI Act and instead recommend certain amendments be made to Chapter 1105. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Issue 1.2 - Direct the Agency to evaluate and update its key performance measures.

ACTION TAKEN: Mr. Bolton moved that the Board agree with the Sunset staff recommendation to evaluate and update key performance measures to better quantify Agency performance. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Issue 1.3 - Direct the Agency to develop a budget policy that fosters more realistic, straightforward budgeting and fee setting.

ACTION TAKEN: Mr. Peña moved that the Board agree in part with the Sunset staff recommendation to develop a budget policy that fosters more realistic straightforward budgeting and fee setting and instruct staff to work the Budget Committee to propose revised budget policies for consideration at their meeting in November 2018. Mr. Sostre seconded the motion, and the Board approved the motion unanimously.

Issue 1.4 - Direct the Agency to update its fund balance policy to limit growth.

ACTION TAKEN: Ms. Reid Lynch moved that the Board agree in part with the Sunset staff recommendation that the fund balance policies need to contain clear directives and instruct staff to propose revisions to those policies for consideration at their meeting in November 2018. Ms. Yannuzzi seconded the motion, and the Board approved the motion unanimously.

Issue 2.1 - Eliminate instructor approval authority.

ACTION TAKEN: Mr. Bolton moved that the Board agree with the Sunset staff recommendation to eliminate instructor approval authority only if the Board retains authority to set minimum education and experience standards providers must follow when hiring instructors to present qualifying and non-elective continuing education courses. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously. 

Issue 2.3 - Remove a subjective qualification required for licensure applicants.

ACTION TAKEN: Mr. Sostre moved that the Board agree in part with the Sunset staff recommendation only if the Board retains authority to consider objective qualifications such as disciplinary history of other licenses. Mr. Peña seconded the motion. After further discussion, the motion was rescinded.  

Mr. Bolton moved that the Board disagree with the Sunset staff recommendation to remove a subjective qualification for licensure. Mr. Renfrow seconded the motion, and the Board approved the motion unanimously. 

Issue 2.4 - Remove statutory provisions requiring certain applicants to establish Texas residency before obtaining a Texas real estate license or appraiser approval.

ACTION TAKEN: Mr. Sostre moved that the Board agree with the Sunset staff recommendation to remove the requirement for applicants to establish Texas residency before obtaining a Texas appraiser approval. Ms. Yannuzzi seconded the motion, and the motion passed by a vote of 6 to 1 with Mr. Renfrow voting Nay.

Issue 2.5 - Authorize the Real Estate Commission and Appraiser Board to deny license renewal applications for noncompliant applicants.

ACTION TAKEN: Mr. Peña moved that the Board agree with the Sunset staff recommendation to authorize the denial of license renewals for applicants who are not in compliance with Board orders. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Issue 3.1 - Require the Real Estate Commission and Appraiser Board to maintain complainants' confidentiality when possible.

ACTION TAKEN: Mr. Sostre moved that the Board disagree with the Sunset staff recommendation. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Issue 3.3 - Authorize the Appraiser Board to order refunds to consumers.

ACTION TAKEN: Ms. Reid Lynch moved that the Board agree with the Sunset staff recommendation to order refunds to consumers. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Issue 3.5 - Direct the Real Estate Commission and Appraiser Board to document and track nonjurisdictional complaints.

ACTION TAKEN: Ms. Reid Lynch moved that the Board agree with the Sunset staff recommendation to document and track nonjurisdictional complaints. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Issue 3.6 - Direct the Appraiser Board to prioritize complaint investigations based on the risk each complaint poses to the public.

ACTION TAKEN: Mr. Renfrow moved that the Board agree with the Sunset staff recommendation to prioritize complaint investigations based on the risk each complaint poses to the public. Mr. Bolton seconded the motion, and the Board approved the motion unanimously. 

Issue 3.7 - Direct the Appraiser Board to develop a plan to improve its investigative process and reduce complaint resolution timeframes.

ACTION TAKEN: Mr. Bolton moved that the Board agree with the Sunset staff recommendation to develop a plan to improve its investigative process and reduce complaint resolution timeframes. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Issue 4.1 - Update and apply standard across-the-board recommendations to the Real Estate Commission and Appraiser Board. 

ACTION TAKEN: Mr. Sostre moved that the Board agree with the Sunset staff recommendations in this section. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously. 

Issue 4.2 - Authorize the Appraiser Board to establish advisory committees in rule as needed.

ACTION TAKEN: Mr. Renfrow moved that the Board agree with the Sunset staff recommendation to grant the Board the authority to establish advisory committees by rule. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously. 

Issue 4.3 - Repeal the Real Estate Commission's and Appraiser Board's SDSI annual and biennial reporting requirements.

ACTION TAKEN: Mr. Peña moved that the Board disagree with the Sunset staff recommendation as written. Mr. Renfrow seconded the motion, and the Board approved the motion unanimously.

Ms. Reid Lynch left the meeting at 2:20pm and did not return.

ACTION TAKEN: Mr. Sostre moved that the Board delegate the authority to the Executive Committee to review and approve the final written Agency Response before submission to the Sunset Commission. Mr. Bolton seconded the motion.

After discussion, the motion was amended that Mr. Bolton act in the absence of Mr. Renfrow, if necessary. The Board approved the motion unanimously.

Agenda Item 4 - Request for potential future meeting agenda items

Ms. Wickliffe reiterated the need for items on the November meeting agenda regarding amendments to the budget and reserve fund policies.

Agenda Item 5 - Discussion and possible action to schedule future meeting dates

A future meeting date was confirmed for November 16, 2018.

Agenda Item 6 - The Chair adjourned the meeting at 2:35pm.