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Meeting Details

09/06/2019 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. Chance Bolton, Mr. Jim Jeffries, Mr. Tony Peña, Mr. Buster Renfrow, Mr. Alex Sostre, and Ms. Joyce Yannuzzi.

ACTION TAKEN: Ms. Reid Lynch moved to excuse the absence of Mr. Clayton Black. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Agenda Item 3 - Recognition of new and departing AMC Advisory Committee members

Commissioner Douglas Oldmixon welcomed Mr. John Eichelberger III and Ms. Lisa Rodriguez as new AMC Advisory Committee members appointed by the Governor with terms set to expire January 31, 2021.

The Commissioner also recognized outgoing member Ms. Sara Jones Oates for her service on the AMC Advisory Committee.

Agenda Item 4 - General comments from visitors on non-agenda items

No public comments were offered.

Agenda Item 5 - Ratification of the official records of the May 17, 2019 and July 10, 2019 Board meetings as approved for posting on the website by the Secretary of the Board

ACTION TAKEN: Mr. Peña moved to ratify the minutes as presented. Ms. Reid Lynch seconded the motion, and the Board approved the motion unanimously.

Agenda Item 6 - Final orders and surrenders in the matter of:

a. Complaint #18-173 (Joseph Rene Delautre, TX-1350126-L)

b. Complaint #18-174 (Juhee M. Bhatia, TX-1338129-T)

c. Complaint #18-224 (Marjory R. Barclay, TX-1322630-R)

d. Complaint #19-055 (Frederick Ray Kerby, TX-1328470-T)

e. Complaint #18-171 (Patrick Lynn O'Connor, TX-1340875-T)

f. Complaint #19-056 (Donald Eugene Johnson, TX-1323317-G)

g. Complaint #19-152 (David Joseph Consoli, TX-1337122-L)

h. Complaint #18-096, 19-305, 119-307, 19-308, 19-310 & 19-311 (Edgar Alfredo Herrera, TX-1334716-R)

i. Complaint #18-250 (Jayce Jermaine Lewis, TX-1360012-R)

j. Complaint #19-041 (Bradley S. Ferguson, TX-1323125-R)

k. Complaint #18-233 (Michael Laine Plumlee, TX-1338566-R)

l. Complaint #19-066 (Tita Obii-Obioha, TX-1360656-R)

m. Complaint #19-048, 19-346, 19-347, 19-369, 19-370, 19-371 & 19-374 (Armando Xavier Martinez, TX-1360604-R)

n. Complaint #18-251 (Bruce Marcom, TX-1329459-R)

Comments were made by Mr. Tita Obii-Obioha, Respondent.

Agenda Item 7 - Discussion and possible action on proposal for decision from the State Office of Administrative Hearings in the matter of SOAH Docket #329-19-1829.ALC (Barry Keith Duncan, TX-1322178-R)

Comments were made by Mr. Barry Duncan, Respondent.

Comments were made by Mr. Troy Beaulieu, Director of Standards & Enforcement Services.

Comments were made by Mr. Mark Lee, Staff Attorney.

ACTION TAKEN: Ms. Reid Lynch moved to accept the proposal for decision with the requirement of 4 hours of in-person mentorship. 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 12:20pm.

The Chair reconvened the meeting at 2:20pm.

Agenda Item 9 - Report by Budget Committee

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 emergency amendments to 22 Tex. Admin. Code §153.19, Licensing for Persons with Criminal History and Moral Character Determination

ACTION TAKEN: Mr. Bolton moved for the emergency adoption of the rule as presented effective immediately upon submission to the Texas Register. Mr. Sostre seconded the motion, and the Board approved the motion unanimously.  

Agenda Item 14 - Discussion and possible action to propose amendments to Chapter 153, 22 Tex. Admin. Code:

a. §153.3, The Board

b. §153.9, Applications

c. §153.17, License Renewal

d. §153.19, Licensing for Persons with Criminal History and Moral Character Determination

e. §153.24, Complaint Processing

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

Agenda Item 15 - Discussion and possible action to propose new 22 Tex. Admin. Code §157.50, Negotiated Rulemaking

ACTION TAKEN: Mr. Bolton 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 16 - Discussion and possible action to propose amendments to Chapter 159, 22 Tex. Admin. Code: 

a. §159.108, Renewal

b. §159.204, Complaint Processing

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

Agenda Items 17 & 18 - FY2020 Budget and budget related matters

Discussion and possible action regarding FY2020 Budget and budget policy, including proposed amendments to Chapters 153 and 159, 22 Tex. Admin. Code:

a. §153.5, Fees

b. §159.52

Discussion and possible action regarding recommendations from the Enforcement Committee:

a. Hiring additional staff

b. Posting RFQ seeking additional contract review appraisers for experience audit reviews in FY2020

c. Scheduling meetings with SES investigators and individual Board members to walk through the experience audit process on a closed application file; and

d. Notifying Committee members via email in real time throughout the experience audit process for a single application

ACTION TAKEN: Ms. Reid Lynch moved that the Board approve Version B of the FY2020 Budget as presented, and that the corresponding amendments be published in the Texas Register for public comment with changes as presented. Mr. Bolton seconded the motion, and the Board approved the motion unanimously.

Mr. Bolton moved that the Board approve the Enforcement Committee's recommendations as presented. Mr. Jeffries seconded the motion, and the Board approved the motion unanimously.

Agenda Item 19a - Discussion and possible action regarding recommendations from the Executive Committee regarding implementation of AMC Registry and collection of AMC Registry fee, including proposed new rule 22 TAC Tex. Admin. Code §159.110, AMC National Registry

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

Agenda Item 19b - Discussion and possible action regarding recommendations from the Executive Committee regarding topics for November Workshop

This item was referred to the Executive Committee for further consideration.

Agenda Item 20 - Discussion and possible action to adopt Board position regarding appraiser performance of evaluations

Comments were made by Victor Probandt, representing Foundation Appraisers Coalition of Texas.

Comments were made by Linda Powers, representing Foundation Appraisers Coalition of Texas.

Comments were made by Paul Ping, representing CBRE.

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

Comments were made by Deloris Kraft-Longoria, representing herself.

Comments were made by Greg Stephens, representing Foundation Appraisers Coalition of Texas.

Ms. Yannuzzi left the meeting at 12:20pm and did not return.

Discussion continued after the item was temporarily suspended to address other agenda items.

ACTION TAKEN: Mr. Jeffries moved that the Board adopt a position as presented and seek an opinion from the Office of the Attorney General. Mr. Sostre seconded the motion with the recommendation that the Executive Committee work with General Counsel to draft an appropriate request for opinion before submission to the Office of the Attorney General. The motion passed by a vote of 5 to 2 with Mr. Bolton and Ms. Wickliffe voting Nay. Ms. Reid Lynch later changed her vote on this item. The motion still passed by a vote of 4 to 3 with Mr. Bolton, Ms. Wickliffe and Ms. Reid Lynch voting Nay.

Mr. Bolton moved that the Board publicly release the legal opinion provided to the Board by General Counsel. Ms. Reid Lynch seconded the motion.

The Chair called the Board into executive session at 3:45pm.

The Chair reconvened the meeting at 3:55pm.

Mr. Bolton amended his motion to specify that the legal opinion be formatted for public release. Ms. Reid Lynch seconded the amendment, and the Board approved the motion unanimously.

Ms. Reid Lynch left the meeting at 4:30pm and did not return.

Agenda Item 21 - Discussion and possible action regarding amendments to the TALCB Reserve Funds Investment Policy

ACTION TAKEN: Mr. Bolton moved that the Board adopt changes to the TALCB Reserve Funds Investment Policy as presented. Mr. Renfrow seconded the motion, and the Board approved the motion unanimously.

Agenda Item 22 - Discussion regarding 2019 Texas Appraisers and Appraisal Management Company Survey

Agenda Item 23 - Discussion regarding State Auditor's Report

Agenda Item 24 - Discussion regarding Internal Audit Report on Licensing Processes

Agenda Item 25 - Report on Internal Audit Plan for FY2020

Agenda Item 26 - Discussion and possible action regarding agenda items for future meetings

Agenda Item 27 - Discussion and possible action to schedule future meeting dates

Future meeting dates were confirmed for November 14, 2019 (Board Workshop), November 15, 2019 and February 21, 2019.

Agenda Item 28 - The Chair adjourned the meeting at 4:55pm.