The Texas Appraiser Licensing and Certification Board’s (TALCB) final quarterly meeting of the year opened with goodbyes. The Board recognized Board Member Clayton Black (pictured, right) for his 10 years of service with the agency. Black’s first appointment to the Board was in February 2013.
Board Member Chance Bolton said, “Clayton has been a remarkable leader, a dedicated servant, and a friend to appraisal regulation in the state of Texas. Throughout his tenure on the Board, Clayton has been committed to ensuring TALCB operates with transparency, efficiency, and integrity. His contributions will not be forgotten.”
Black responded with his own departing message: “It’s just been an honor and a privilege to serve the great state of Texas in this capacity. It’s kind of bittersweet that I have to leave. It’s time for me to move on and do other things.”
Black plans to spend more time with his son who is now attending Texas Tech University.
Proposed Rules
Comments on the below proposed rules can be submitted through the online public comment tool. The comment period is open through December 24. The proposed rules will then be up for adoption in February. View the full list of proposed rules and those adopted in August.
General Administration Chapter
Proposed rules create a General Administration Chapter for rules of general applicability to TALCB’s administration. The changes create a new definitions section for ease of reading and terminology consistent with terms utilized by both the Texas Real Estate Commission and TALCB.
In Section 151.2, the proposed rule outlines TALCB’s approach to fees related to the production of documents in response to public information requests.
In Section 151.3, the new rule addresses the Board’s payment of education and training for TALCB employees.
Finally, in Section 151.4, Historically Underutilized Businesses Program; Section 151.5, Bid Opening and Tabulation; Section 151.6, Negotiation and Mediation of Certain Contract Disputes; and Section 151.7, Vendor Protest Procedures, the new rules relate TALCB’s contracting and procurement processes.
Criminal History Checks; License Reinstatement
The proposed amendments to Section 153.12 accurately reflect the process of criminal history checks. The proposed amendments to Section 153.16 remove the reexamination requirement for license reinstatement, clarify that the requirement is consistent with that of the Appraisal Qualifications Board, and specify the circumstances when an applicant must demonstrate experience in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP).
AMC National Registry
The proposed amendments allow for flexibility in addressing appraisal management companies (AMCs) that fail to pay the AMC National Registry fee—in addition to paying a late fee or potentially receiving disciplinary action—an AMC could be placed on inactive status.
Rulemaking Associated With Legislative Changes
Legislation passed by the 88th Texas Legislature required TALCB to update its rules to implement statutory changes. Emergency rulemaking ensures amendments are completed within the timeframe established by statute. Emergency rulemaking also requires the Board to propose and formally adopt a rule on a non-emergency basis, which happened during this meeting.
Some of those changes adopted on an emergency basis in August are related to Senate Bill 422 which honors out-of-state licenses of military service members if certain criteria are met.
Amendments were also made to implement Senate Bill 1222 which eliminates the licensing requirement that experience be submitted on an affidavit; it authorizes a process for an AMC Investigative Committee to review complaints received under chapter 1104 of the Occupations Code; a specified percentage requirement for the periodic review of appraisal that AMCs perform on appraisers is removed; AMCs are required to have a written policy for conducting periodic reviews and make that policy available upon request by the Board.
Both bills went in effect September 1.
What Happened Since the Last Meeting
Senate Bill 510 went in effect September 1. It requires all state licensing agencies to remove personal information of license holders from publicly available spaces such as the Board’s website. This may make it harder for aspiring appraisers to find supervisory appraisers and mentors. View alternative ways to find a supervisor.
The Appraisal Institute (AI) launched its Practical Applications of Real Estate Appraisal (PAREA) program on September 6. As of October, AI reported 16 Texans are enrolled — the most of any state in the country.
AMC National Registry reporting begins in January 2024 and AMCs must complete reporting by March 31, 2024. Appraisal Management Companies that do not comply will be unable to perform services on federally related transactions. The current registry reporting period is January 1 to December 31.
Meeting Materials and Upcoming Meeting Details
The above is a summary of highlights from TALCB’s November 2023 Meeting. View the video recording and download the meeting materials.
TALCB’s next Meeting is February 23 in Austin. License holders may earn continuing education credit for attending in person. Also during this meeting, a TALCB vice-chair and secretary will be elected. Board Member Bolton nominated Board Member Mark McAnally for secretary and Board Member Martha Gayle Reid Lynch for vice-chair; the two currently hold those positions.