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Meeting Details

08/14/2015 at 10:00 am
Stephen F. Austin Building, Room 170
1700 North Congress
Austin, TX 78701

Meeting Materials

Meeting Video

TALCB Board Meeting


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 Board may have taken items out of 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. Laurie Fontana, Mr. Mark McAnally, Mr. Walker Beard, Mr. Brian Padden, Mr. Jesse Barba and Mr. Jim Jeffries.

 

ACTION TAKEN: Mr. McAnally moved to excuse the absences of Mr. Clayton Black and Mr. Patrick Carlson. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 3 - Comments from members of the public regarding non-agenda items

 

No comments were offered.

 

AGENDA ITEM 4 - Executive session to discuss pending litigation or receive advice of counsel pursuant to Texas Government Code §551.071

 

ACTION TAKEN: The Chair called the Board into executive session at 11:35 am.

 

The Chair reconvened the meeting at 12:21 pm.

 

AGENDA ITEMS 5 & 6 - Consent agenda

 

Ratification of the official record of the May 15, 2015 Board meeting as approved for posting on the website by the Secretary of the Board; and

 

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

a. Complaint #14-251 (Andrew Thomas Huffstetler, TX-1350029-L)

b. Complaint #14-253 (William Jackson Huffstetler, TX-1321011-R)

c. Complaint #14-111 (Russell Earl Milan, TX-1323544-R)

d. Complaint #15-091 (Ernest Claude Dunson, TX-1336144-L)

e. Complaint #14-260 & 15-071 (Joseph Edward Acker, TX-1360097-R)

f. Complaint #14-209 & 15-162 (Sidney Jack Crawford, TX-1337551-R)

g. Complaint #15-125 (Kristina L. Mabey, TX-1327024-R)

h. Complaint #14-221 (Sean Michael Murphy, TX-1350087-L)

i. Complaint #14-222 (Thomas R. Rohde, TX-1323013-G)

 

ACTION TAKEN: Agenda items 5 and 6 were taken together as one item. Ms. Fontana moved to approve these matters. Mr. Jeffries seonded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 7 - Discussion and possible action to approve request for modification of agreed order in the matter of Complaint #13-299 (Ben Autry Campbell, TX-1325877-G)

 

ACTION TAKEN: Mr. Beard moved to approve the request for modification as presented and recommended by staff. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 8 - Report by AMC Advisory Committee

 

AGENDA ITEM 9 - Report by Budget Committee

 

AGENDA ITEM 10 - Report by Education 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

Mr. Douglas Oldmixon, Commissioner

Ms. Lorie Deanda, Director of Reception & Communication Services

Ms. Gwen Jackson, Director of Education & Licensing Services

Mr. Steve Spyropoulos, Director of Information & Technology Services

Mr. Douglas Oldmixon (on behalf of Staff & Support Services)

Mr. Troy Beaulieu, Director of Standards & Enforcement Services

 

AGENDA ITEM 14 - Discussion and possible action to adopt amendments to 22 TAC §153.1, Definitions

 

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

 

AGENDA ITEM 15 - Discussion and possible action to adopt amendments to 22 TAC §155.2, Work Relating to Property Tax Protests

 

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

 

AGENDA ITEM 16 - Discussion and possible action to adopt amendments to 22 TAC §159.204, Complaint Processing

 

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

 

AGENDA ITEM 17a - Discussion and possible action to adopt emergency amendments to 22 TAC §153.9, Applications

 

ACTION TAKEN: Ms. Fontana moved to adopt the amendments on an emergency basis as presented and to adopt related form revisions with an effective date of September 1, 2015. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 17b - Discussion and possible action to adopt emergency amendments to 22 TAC §153.17, Renewal or Extension of License

 

ACTION TAKEN: Ms. Fontana moved to adopt the amendments on an emergency basis as presented with an effective date of September 1, 2015. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 18 - Discussion and possible action to adopt emergency amendments to 22 TAC §157.18, Motions for Rehearing; Finality of Decisions

 

ACTION TAKEN: Mr. Beard moved to adopt the amendments on an emergency basis as presented with an effective date of September 1, 2015. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 19a - Discussion and possible action to propose amendments to 22 TAC §153.1, Definitions

 

ACTION TAKEN: Mr. Beard moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Jeffries seconded the motion.

 

The Chair called for a break at 1:10 pm.

The Chair reconvened the meeting at 1:20 pm.

The Board resumed its discussion of agenda item 19A; however approximately 1 minute of the meeting audio, during which the Chair reconvened the meeting and resumed the discussion, was not recorded.

 

ACTION TAKEN: After further discussion, Mr. Beard amended his motion that the amendments be proposed with changes as presented. Mr. Jeffries seconded the amended motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 19b - Discussion and possible action to propose amendments to 22 TAC §153.5, Fees

 

ACTION TAKEN: Ms. Fontana moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 19c - Discussion and possible action to propose amendments to 22 TAC §153.9, Applications

 

ACTION TAKEN: Ms. Fontana moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 19d - Discussion and possible action to propose amendments to 22 TAC §153.16, License Reinstatement

 

ACTION TAKEN: Mr. McAnally moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 19e - Discussion and possible action to propose amendments to 22 TAC §153.17, Renewal or Extension of License

 

ACTION TAKEN: Mr. Jeffries moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 19f - Discussion and possible action to propose amendments to 22 TAC §153.20, Guidelines for Revocation, Suspension, Denial of License; Probationary License

 

ACTION TAKEN: Mr. Beard moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Ms. Fontana seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 19g - Discussion and possible action to propose amendments to 22 TAC §153.21, Appraiser Trainees and Sponsors

 

ACTION TAKEN: Ms. Fontana moved that the amendments be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 20 - Discussion and possible action to propose amendments to 22 TAC, Chapter 157, Rules Relating to Practice and Procedure:

a. Subchapter A. General Provisions

    i.  §157.7, Denial of a License

    ii. §157.8, Adverse Action Against a License Holder or Registrant

b. Subchapter B. Contested Case Hearings

    i.  §157.9, Notice of Hearing

    ii. §157.12, Failure to Attend Hearing; Default Judgment

c. Subchapter C. Post Hearing

    i.  §157.17, Final Decisions and Orders

    ii. §157.18, Motions for Rehearing; Finality of Decisions

    iii.§157.20, Judicial Review

d. Subchapter D. Penalties and Other Enforcement Provisions

    i.  §157.25, Temporary Suspension

    ii. §157.26, Unlicensed Activity

e. Subchapter E. Alternative Dispute Resolution

    i.  §157.31, Investigative Conference

 

ACTION TAKEN: Ms. Fontana moved that the amendments be proposed for publication in the Texas Register for public comment as presented. Mr. Padden seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 21 - Discussion and possible action to repeal 22 TAC §157.19, Prerequisite to Judicial Review

 

ACTION TAKEN: Ms. Fontana moved that the repeal be proposed for publication in the Texas Register for public comment as recommended by staff. Mr. Barba seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEMS 22 & 23 - Discussion and possible action regarding FY2016 TALCB Budget; Update on new building plans

 

ACTION TAKEN: Mr. Beard moved to approve the expenditure of additional funds to pursue the feasibility of building construction as part of the FY2016 budget. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.

 

Mr. Beard moved to adopt the FY2016 TALCB Budget as presented. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 24 - Discussion and possible action on recommendations from AMC Committee regarding proposed changes to AMC forms

 

ACTION TAKEN: Ms. Fontana moved to approve the Application for Registration as an AMC, Renewal of Registration as an AMC, and AMC Owner/Primary Contact Background History form revisions as presented. Mr. Beard seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 25 - Discussion and possible action on recommendations from Enforcement Committee regarding changes to Mentor criteria

 

ACTION TAKEN: Mr. Jeffries moved to adopt the Mentor criteria as recommended to be effective with the next cycle of Mentor applications. Mr. Padden seconded the motion. After further discussion, Mr. Jeffries amended his motion to allow for the call of applications immediately. Mr. Padden seconded the amended motion, and the motion was passed by a vote of 6 to 1 with Mr. McAnally voting Nay.    

 

AGENDA ITEM 26 - Discussion and possible action regarding appointment of a Working Group to develop recommendations regarding criminal background checks

 

No action was taken.

 

AGENDA ITEM 27 - Discussion and possible action regarding approval of Memorandum of Understanding between the Texas Real Estate Commission and TALCB

 

ACTION TAKEN: Ms. Fontana moved to approve the Memorandum of Understanding as presented. Mr. McAnally seconded the motion, and the Board approved the motion unanimously.

 

AGENDA ITEM 28 - Request for potential future meeting agenda items

 

Ms. Fontana requested that the Executive Committee consider reviewing the consistency of USPAP interpretations in Board orders and having non-appraiser members take the 7- or 15-hour USPAP training course.

 

Ms. Wickliffe and Mr. Barba requested that the Executive Committee consider amendments to MOU between TREC and the Board as it relates to building construction.

 

Mr. Barba requested that the Executive Committee revisit our policy on retaining counsel from the Attorney General's Office at all Board meetings and Committee meetings.

 

AGENDA ITEM 29 - Discussion and possible action to schedule future meeting dates

 

Future meeting dates remained set for November 20, 2015 and February 19, 2016.

 

AGENDA ITEM 30 - The Chair adjourned the meeting at 1:35 pm.