Texas Appraiser Licensing and Certification Board:

An Inventory of Appraiser Licensing and Certification Board Records at the Texas State Archives, 1989-2002

Agency History

The mission of the Texas Appraiser Licensing and Certification Board is to protect the public interest by assuring consumers of real estate appraisal services provided in accordance with federal and state law and in sufficient numbers to facilitate the free flow of commerce and industry. The board adopts rules and procedures to implement legislation; accepts, reviews, and evaluates applications for licensing and certification; examines applicants; approves appraisal related courses; accepts written complaints against appraisers; withdraws licenses or certification when warranted; investigates alleged violations of statutes or agency rules; holds administrative hearings to determine disciplinary actions; provides information and guidance to interested parties; and maintains liaisons with licensing agencies in Texas and other states and with federal agencies dealing with real estate appraisals. Contested cases are heard before the State Office of Administrative Hearings, which renders proposals for decision, with findings of fact and conclusions of law. All hearings comply with the Administrative Procedures Act (V.T.C.A., Government Code, Section 2001.001 et seq.). The TALCB does not have jurisdiction or authority over property taxes, assessments or other ad valorem issues. The local appraisal district is responsible for property tax and related issues.

The Texas Appraiser Licensing and Certification Board (TALCB) was created in 1991 as an independent subdivision of the Texas Real Estate Commission to license, certify, and regulate real estate appraisers in Texas (House Bill 270, 72nd Legislature, Regular Session). The TALCB conforms to requirements of Title XI of FIRREA, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C., Section 3331 et seq.), calling for licensed and certified real estate appraisers in federal transactions. The board replaced the Texas Real Estate Appraiser Certification Committee of the Texas Real Estate Commission, which had been established in 1989 (Senate Bill 1256, 71st Legislature, Regular Session). From 1939 to 1991, a real estate license was required to appraise real property for a fee.

The TALCB is composed of nine members, eight of whom are appointed by the governor with the advice and consent of the senate for overlapping two-year terms. The executive secretary of the Veterans Land Board serves ex officio as a voting member. Four appointed members must be actively engaged in real estate appraising and be licensed or certified under the Appraiser Act. The other four appointed members must be public members with recognized business ability. Board members are non-salaried and elect their chair. The board has full rulemaking and disciplinary authority. It appointed a commissioner to administer and implement the board's responsibilities. If the federal government removes the requirements for the preparation or use of an appraisal by federally regulated financial institutions, the board will be subject to sunset review by the next legislature.

After the retirement of the TALCB's commissioner and deputy commissioner and upon the recommendation of the Governor’s office, the Texas Real Estate Commission Administrator began serving also as the Commissioner of the TALCB in December 2003. A memorandum of understanding between TALCB and TREC set forth the services to be provided.

There are five categories of real estate appraisers: State Certified General Real Estate Appraiser, State Certified Residential Real Estate Appraiser, State Licensed Real Estate Appraiser, Provisional Licensed Real Estate Appraiser, and Appraiser Trainee. All certified and licensed real estate appraisers, and appraiser trainees, must comply and perform their appraisals in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation, Washington, DC, and adopted by the TALCB. As of April 30, 1998, 4,106 real estate appraisers held active TALCB certificates or licenses, in addition to over 590 appraiser trainees.

The Appraisal Subcommittee of the Federal Financial Institutions Examination Council administers Title XI of FIRREA. The subcommittee approves and monitors state licensing and certification programs and maintains a national registry of state licensed and certified appraisers. The Appraisal Standards Board and the Appraiser Qualifications Board of the Appraisal Foundation, a quasi-governmental organization at the national level, develop standards for appraisals as well as education, experience, and examination requirements for appraisers.

In 1998 the Appraiser Licensing and Certification Board had 7 FTE employees with no divisions. Offices are located in Austin. Administrative support (staff services, information services, and utilities) for the board is provided by the Real Estate Commission. The Office of the Attorney General provides legal counsel.

(Sources include: the appraisal report by State Archives staff ( http://www.tsl.state.tx.us/arc/appraisal/appraiserlicensing.html), accessed May 21, 2007; the Guide to Texas State Agencies, 11th ed. (2001); the agency's website at http://www.talcb.state.tx.us/AgencyInfo/, accessed May 21, 2007; and the agency's legislative appropriation request for fiscal years 2006-2007, available online at http://www.talcb.state.tx.us/agencyinfo/reports.asp, accessed May 21, 1007.)

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Scope and Contents of the Records

The Texas Appraiser Licensing and Certification Board (TALCB) is an independent subdivision of the Texas Real Estate Commission and licenses, certifies, and regulates real estate appraisers in Texas. Records are meeting agenda; minutes (including attachments); meeting supporting documentation including minutes, agenda, lists of board members and visitors, memos, correspondence, staff reports, complaints, requests for course approval, petitions, proposed rules and legislation, press releases, procedures, clippings, forms, testimony, publications, budget and other financial records, charts and tables, and other materials; a press release and a brochure, dating 1989-2002, of the board and its predecessor, the Texas Real Estate Appraiser Certification Committee (TREACC) of the Texas Real Estate Commission. Minutes in the Meeting agenda and minutes series date from November 1989 to August 1997 and February to December 2000 with some gaps. Agenda date from April 1993 to August 2002 with some gaps. Attachments include a letter and news release. Additional minutes and agenda dating from November 1989 forward are included in the Meeting supporting documentation series. Meeting supporting documentation dates from November 1989 to August 1997 and includes files for committee meetings. The first meeting of the TREACC was held in November 1989; the TALCB replaced the committee in July 1991. Agenda note the date, time, and location of meetings and the subjects to be discussed and acted upon. Minutes detail the development of guidelines, rules, regulations, procedures, and forms for the licensing, certification, and regulation of real estate appraisers. Meeting supporting documentation is created to prepare board members for meetings and provide them with sufficient data to make decisions. The press release and brochure publicize the requirements for appraiser certification. Subjects covered are lists of attendees and locations of meetings, election of board officers, reports presented by the TALCB commissioner and board committees to the board, proposed legislation, approval of education courses, the development of standards, education and experience requirements for appraisers, reciprocity, complaints against appraisers, budget and personnel issues, and involvement in the Association of Appraiser Regulatory Officials.

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Restrictions

Restrictions on Access

Materials do not circulate, but may be used in the State Archives search room (Room 100). Materials will be retrieved from and returned to storage areas by staff members.

Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to, home addresses and phone numbers of government officials and employees (V.T.C.A., Government Code, Section 552.117), attorney client privilege (V.T.C.A., Government Code, Section 552.107), and executive session minutes (V.T.C.A., Government Code, Section 551.146), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail (Texas State Library and Archives Commission, P. O. Box 12927, Austin, TX 78711), fax (512-463-5436), email (Dir_Lib@tsl.state.tx.us), or see our web page ( http://www.tsl.state.tx.us/agency/customer/pia.html). Include enough description and detail about the information requested to enable the archivist to accurately identify and locate the information. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records

Restrictions on Use

Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Texas Appraiser Licensing and Certification Board records. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1998/056, 1999/073, 2000/050, 2001/148, 2002/063, 2002/104, 2003/018, 2003/024, 2007/160

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Appraiser Licensing and Certification Board on December 31, 1997; December 17, 1998; October 28, 1999; November 6 and 15, 2001; February 12, 2002; May 21, 2002; September 2002; and other dates in fiscal years 2000 and 2001; and by the Legislative Reference Library on October 9, 2002 and March 21, 2007.

Processing Information

Tonia J. Wood, March 2000, August 2001, March 2002, October 2002, May 2007

Appraisal Information

Texas State Archives staff completed an appraisal of Appraiser Licensing and Certification Board records in July 1999. The appraisal report is available on-line at http://www.tsl.state.tx.us/arc/appraisal/appraiserlicensing.html or in the State Archives search room.

Appraisal Information

Texas State Archives staff completed an appraisal of Appraiser Licensing and Certification Board records in July 1999. The appraisal report is available on-line at http://www.tsl.state.tx.us/arc/appraisal/appraiserlicensing.html or in the State Archives search room.

Other Formats for the Records

Agenda and minutes of the board meetings dating from November 2004 are available on-line at http://www.talcb.state.tx.us/agencyinfo/meetings.asp.

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Detailed Description of the Records

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