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Meeting Details

02/08/2019 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. Clayton Black, Mr. Chance Bolton, Mr. Jim Jeffries, Mr. Tony Peña, and Mr. Alex Sostre.

ACTION TAKEN: Ms. Reid Lynch moved to excuse the absence of Ms. Joyce Yannuzzi. Mr. Peña seconded the motion, and the Board approved the motion unanimously.

Agenda Item 3 - Election of Vice Chair & Secretary

ACTION TAKEN: The Chair opened the floor for nominations. Mr. Renfrow respectfully declined the nomination for Secretary and moved to nominate Mr. Bolton for the office. Ms. Reid Lynch seconded the motion. Mr. Sostre moved to cease nominations. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

Mr. Black moved to approve the amended slate of officers. Mr. Peña seconded the motion, and the Board unanimously elected Ms. Reid Lynch as Vice Chair and Mr. Bolton as Secretary. 

Agenda Item 4 - Appointments for Budget Committee, Education Committee, Enforcement Committee, Executive Committee, and TALCB Liaison for Long Term Facilities Working Group

ACTION TAKEN: The Chair appointed Board members to the following committees:

Budget Committee:

  • Clayton Black (chair)
  • Alex Sostre
  • Tony Peña

Education Committee:

  • Jim Jeffries (chair)
  • Joyce Yannuzzi
  • Alex Sostre

Enforcement Committee:

  • Chance Bolton (chair)
  • Buster Renfrow
  • Tony Peña

Executive Committee:

  • Jamie Wickliffe (chair)
  • Martha Gayle Reid Lynch
  • Chance Bolton

TALCB Liaison for Long Term Facilities Working Group:

  • Chance Bolton

The Chair also noted that the Vice Chair of the Board (Martha Gayle Reid Lynch) is statutorily designated as chair of the AMC Advisory Committee.

Agenda Item 5 - Discussion and possible action regarding appointment of Mentors

ACTION TAKEN: Mr. Jeffries moved to appoint Bobby Crisp, John Dorie, Edgar Paul Hornsby, Deloris Kraft-Longoria, Tony Pistilli, Gregory Reynolds, Dane Sever, Gregory Stephens, Pamela Teel and Ted Whitmer as Mentors for a period of two years. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Agenda Item 6 - Comments from members of the public regarding non-agenda items

Comments were made by Scott Dibiasio, representing the Appraisal Institute, urging the Board to bring clarification and finality regarding appraiser performance of evaluations.    

Agenda Items 7 & 8 - Consent Agenda

Ratification of the official record of the October 12, 2018, November 15, 2018 and November 16, 2018 Board meetings as approved for posting on the website by the Secretary of the Board

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

a. Complaint #18-145 (Frederick A. Miller, TX-1321276-R)

b. Complaints #19-107, 19-108, 19-109 & 19-110 (O'Ryan Ethington, TX-1341415-T)

c. Complaints #18-137, 18-138, 18-139, 19-102. 19-103, 19-104, 19-105 & 19-106 (Phillip D. Ethington, TX-1338767)

d. Complaints #17-319 & 19-076 (Todd Brandon Huey, TX-1337545-G)

e. Complaint #18-219 (Laura Ali, Unlicensed)

f. Complaint #18-220 (David Ali, TX-1337985-R)

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

Agenda Item 9 - Executive session to discuss pending litigation or receive advice of 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 10:22am.

The Chair reconvened the meeting at 10:55am.

Agenda Item 10 - Report by Enforcement Committee

Agenda Item 11 - Report by Executive Committee

Agenda Item 12 - Staff reports on processes, monthly activities, and statistical data

Agenda Item 13 - Discussion and possible action to adopt amendments to 22 TAC §157.4, Computation of Time; Mailbox Rule

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

Agenda Item 14 - Discussion and possible action to adopt amendments to 22 TAC §159.104, Primary Contact, Appraiser Contact, Contact Information

ACTION TAKEN: Ms. Reid Lynch moved for the adoption of the rule as published along with the new form and changes to forms necessary to implement the rule as presented in agenda item 28. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Agenda Item 15 - Discussion and possible action to propose amendments to 22 TAC, Chapters 153-159:

a. §153.15. Experience Required for Licensing

b. §153.24. Complaint Processing

c. §157.25. Temporary Suspension

d. §159.204. Complaint Processing

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

Agenda Item 16 - Discussion and possible action regarding Sunset Commission Recommendation 3.5 - Development of a process to document and track nonjurisdictional complaints

ACTION TAKEN: Mr. Bolton moved that the Board establish the process to document and track nonjurisdictional complaints as presented. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 17 - Discussion and possible action regarding Sunset Commission Recommendation 3.6 - Development of a process to prioritize complaint investigations based on the risk of public harm

ACTION TAKEN: Mr. Bolton moved that the Board establish the process to prioritize complaint investigations based on the risk of public harm as presented. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

Agenda Items 18 & 19 - Complaint and audit processes and time frames

Discussion and possible action regarding Sunset Commission Recommendation 3.7 - Development of a plan to improve the investigative process and reduce complaint resolution time frames

Discussion and possible action regarding outsourcing experience audits for Certified General Appraiser license applicants

ACTION TAKEN: Mr. Bolton moved that the Board approve and implement the plan to improve its investigative process and reduce complaint resolution time frames as presented. Mr. Black seconded the motion. After further discussion, Mr. Bolton amended his motion to clarify a point regarding the hiring of additional personnel. Mr. Black seconded the amended motion, and the Board approved the motion unanimously.

Agenda Item 20 - Discussion and possible action regarding completion and implementation of other Sunset Recommendations for TALCB

ACTION TAKEN: Ms. Wickliffe moved that the Board authorize the Executive Committee to review and approve statutory changes required to accomplish the recommendations of the Sunset Commission. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

Agenda Item 21 - Discussion and possible action regarding agency performance measures

ACTION TAKEN: Ms. Wickliffe moved that the Board adopt revisions to agency performance measures as presented. Mr. Sostre seconded the motion, and the Board approved the motion unanimously.

Mr. Jeffries moved that the Board approve revisions to the quarterly staff reports as presented. Mr. Renfrow seconded the motion, and the Board approved the motion unanimously.

Agenda Items 22 & 23 - TALCB Reserve Funds

Discussion and possible action regarding Long-term Facilities Master Plan Reserve Fund

Discussion and possible action regarding possible amendments to the TALCB Reserve Funds Investment Policy

ACTION TAKEN: Mr. Black moved that the Board rename the Long-term Facilities Master Plan Reserve Fund to the Customer Service Fund and direct staff to bring proposed amendments to the TALCB Reserve Funds Investment Policy to the Board at its May meeting to reflect that name change as well as the directive that any expenditures from that fund would be only at the direction of the Board. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 24 - Discussion and possible action regarding possible amendments to the TREC-TALCB Memorandum of Understanding

ACTION TAKEN: Mr. Black moved that the Board direct staff to bring proposed amendments to the TREC-TALCB MOU to the Board at its May meeting to eliminate discussed verbiage regarding the Board's participation in the Long-term Facilities Master Plan. Mr. Peña seconded the motion, and the Board approved the motion unanimously. Mr. Bolton was not present for the vote. 

Agenda Item 25 - Discussion and possible action regarding possible amendments to the TALCB FY2019 Budget

Report by Budget Committee

ACTION TAKEN: Mr. Black moved that the Board approve amendments to the TALCB FY2019 Budget as presented. Mr. Bolton seconded the motion, and the Board approved the motion unanimously. 

Ms. Reid Lynch moved that the Board approve call center option #3 as presented and authorize payment of the costs needed to implement the ability to receive and track TALCB specific calls and the costs of providing services to handle those calls. Mr. Black seconded the motion, and the Board approved the motion unanimously.    

Agenda Item 26 - Discussion regarding Internal Audit of Public Funds Investment Act Compliance

Agenda Item 27 - Discussion and possible action regarding legislative recommendations

ACTION TAKEN: Mr. Jeffries moved that the Board appoint a member of the Executive Committee as designated by the Chair as the contact person for proposed legislative changes. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 28 - Discussion and possible action to approve new or changes to TALCB forms:

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

b. Renewal of Registration as an Appraisal Management Company (AMC)

c. Appraisal Management Company (AMC) Change of Controlling Person

ACTION TAKEN: See Agenda Item 14.

Agenda Item 29 - Discussion and possible action regarding process for approval of new or changes to TALCB forms

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

Agenda Item 30 - Request for potential future meeting agenda items

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

Future meeting dates were confirmed for May 17, 2019 and August 23, 2019.

Mr. Bolton moved to start the May 17, 2019 meeting at 9:00am. Ms. Reid Lynch seconded the motion, and the motion passed by a vote of 4 to 3 with Ms. Wickliffe abstaining. After further discussion, Mr. Bolton rescinded his original request and the Board unanimously approved the start time be returned to 10:00am.   

Agenda Item 32 - The Chair adjourned the meeting at 2:22pm.