Records Appraisal Report:
Texas Appraiser Licensing and Certification Board

Contents of this report
Agency Contact | Agency History | Project Review | Record Series Reviews

Internal links to series reviews
Biennial budget requests

Board meeting agenda

Board meeting minutes

Administrative correspondence

Policies and procedures manuals

Administrative reports

Strategic plans

Appraiser registry fee report

Appraiser random experience verification report

}Organization charts

Meetings–supporting documentation

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


July 6, 1999, Tonia J. Wood, Appraisal Archivist


Agency Contact

This agency contact information was current at the time of the report but may have changed in the interim. Please call (512-463-5455) for current contact information of the agency's records manager or records liaison for these records.

Nancy Guevremont
Human Resources Officer
Texas Real Estate Commission
1101 Camino La Costa
Austin, TX 78752


Agency History and Structure

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

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Project Review

I was assigned to appraise the records of the Texas Appraiser Licensing and Certification Board as part of the records of the Texas Real Estate Commission on January 28, 1999.

I reviewed the Guide to Texas State Agencies, 9th and 10th ed., Statutes, Strategic plans (1998 and earlier), Legislative appropriations requests (1998 and earlier), FY 1997 TREC annual financial report, and the TALCB web site ( http://www.talcb.state.tx.us/AgencyInfo/default.asp).

Three series are listed as archival on the agency retention schedule: biennial budget requests, TALCB board meeting agenda, and TALCB board meeting minutes.

Seven series are marked for archival review on the agency retention schedule: administrative correspondence, legal opinions and advise from legal counsel, news or press releases, policies and procedures manuals, administrative reports, conference reports and papers, and speeches.

Two series that the State Archives has determined to be archival are listed on the TALCB retention schedule: Reports, Annual and Biennial agency reports – Non-fiscal and Strategic plans.

Two series are not listed as archival on the retention schedule, but are of interest due to the length of the retention period: Appraiser registry fee report and Appraiser random experience verification report.

Two series were not listed on the retention schedule but are created by the agency and are archival: Organization charts and Meetings – supporting documentation.

As part of the current appraisal project, I mailed introductory letters on February 8, 1999 from Chris LaPlante, Director of the Archives and Information Services Division, to the Administrator of the Real Estate Commission, Wayne Thorburn, and the Commissioner of the Appraiser Licensing and Certification Board, Renil Linér, along with the list of record series to be appraised. I contacted Nancy Guevremont, Human Resources Officer and Records Management Officer, by phone on February 16, 1999 and set a meeting for March 10, 1999 at 9:00 a.m.

On March 10, 1999 I met with Nancy Guevremont at the Real Estate Commission offices and went over the appraisal process and information requested for the record series reviews for both TREC and TALCB. Nancy mentioned that she had not inventoried the agency's records when developing the retention schedule, but had used the state records retention schedule and input from staff regarding what records they thought were created. A separate annual report/annual financial report is not created for TALCB, a separate non-fiscal annual report is not created for TREC, any narrative is included in the TREC annual financial report which is titled the annual report.

After a number of phone calls and e-mails and one additional site visit to gather information, I had sufficient information to produce this appraisal report.

Previous Destructions

There are no destruction requests on file at the Archives and Information Services Division for the Texas Appraiser Licensing and Certification Board. The agency was created after the Real Estate Commission's retention schedule was in place.

Archival Holdings

TALCB board meeting agenda and minutes, 1990-1999, 0.48 cubic ft.
Records are minutes and agenda for meetings of the Texas Appraiser Licensing and Certification Board (TALCB) and its predecessor, the Real Estate Appraiser Certification Committee (TREACC) of the Texas Real Estate Commission, dating from 1990-1999. Minutes date from February 1990 to August 1997 with some gaps. Agenda date from April 1993 to May 1999 with some gaps. The first meeting of the TREACC was held in November 1989, the TALCB replaced the committee in July 1991. Minutes detail the development of guidelines, rules, regulations, procedures, and forms for the licensing, certification, and regulation of real estate appraisers. Other items discussed at board meetings include legislation, staff reports by the commissioner, committee reports, and the budget. Minutes are missing from November 1989 to January 1990, December 1990 to January 1991, August 1992, July 1993, August and November 1995, August 1996, and from September 1997 to present. Agenda are missing from November 1989 to March 1993, May and October 1993, April 1995, August 1996, and February 1998.

Project Outcome

The following is a summary of appraisal decisions for the Texas Appraiser Licensing and Certification Board records.

Continue to use archival code A for these series:

Biennial budget requests–Add note to Remarks column: “The archival requirement for this series is fulfilled by sending the required copies to the Publications Depository Program, Texas State Library and Archives Commission (13 Texas Administrative Code, Section 3.4(3)).”

Board meeting minutes–Combine with Board meeting agenda and rename “Board meeting agenda and minutes.” Add note to Remarks column: “Agency retains permanent record copy. The archival requirement will be met by sending a copy to the Archives and Information Services Division, Texas State Library and Archives Commission.” The Appraiser Licensing and Certification Board needs to send meeting minutes to the Archives and Information Services Division, dating from November 1989 to January 1990, December 1990 to January 1991, August 1992, July 1993, August and November 1995, August 1996, and September 1997 to present. Copies of agenda from November 1989 to March 1993, May and October 1993, April 1995, August 1996, and February 1998 also need to be sent to the Archives.

The following series need to have archival code A added to the retention schedule:

Strategic plans–Add note to Remarks column: “The archival requirement for this series is fulfilled by sending the required copies to the Publications Depository Program, Texas State Library and Archives Commission (13 Texas Administrative Code, Section 3.4(1)(C)).”

Administrative correspondence–Change archival review code R to archival code A, send records that have fulfilled their retention to the Archives and Information Services Division, and yearly thereafter. [At end of fiscal year 1999, send correspondence through fiscal year 1996.]

The following series need to be added to the retention schedule with archival code A:

Organization charts–Set retention period as “until superseded.” Add note to Remarks column: “Included in strategic plan. The archival requirement for this series will be met by sending required copies of the strategic plan to the Publications Depository Program, Texas State Library and Archives Commission.”

Meetings–Supporting documentation–Set retention period for two years and send records that have met the retention period to the Archives and Information Services Division. [At the end of fiscal year 1999, send meeting files through the end of fiscal year 1997.]

Replace archival review code R with archival exception code E:

Administrative reports–Remove archival review code R, replace with archival exception code E, and add the following to the Remarks column: “Archival review code removed subsequent to appraisal by Archives and Information Services Division, Texas State Library and Archives Commission, July 6, 1999.”

Remove R, rename series, change series item number and retention period:

Policies and procedures manuals [all six series]–The series item number and title should be changed to 3.3.025 Job procedure records with a retention of US+3 to reflect the content of the series.

Other series reviewed which have been appraised as non-archival:

Appraiser registry fee report

Appraiser random experience verification report

Remove the following series, which do not exist, from the retention schedule:

Legal opinions and advice from legal counsel

News or press releases–One news release was created in 1991 and serves as an attachment to minutes.

Annual and biennial agency reports–Non-fiscal–Narrative information normally found in an annual agency report is included in an addendum to the Texas Real Estate Commission's annual financial report.

Speeches

Conference reports and papers

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Record Series Reviews

Record Series Review
Series Title:
Biennial budget requests

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: 0.1 cubic ft.

Agency holdings:

According to the agency retention schedule, biennial budget requests are kept six years after completion. Actual agency holdings date 1992-1998 covering fiscal years 1994-2001; size is 0.5 cubic ft. Requests are located in the TALCB offices.

Description:

These records are the legislative appropriation requests of the Texas Appraiser Licensing and Certification Board submitted to the Legislative Budget Board and others. The records date from 1992-[ongoing]. The requests generally contain narrative statements of agency functions or programs. Program objectives are listed, along with a description of each objective, discussion of performance measures, statistics, program need indicators, and expenses expended, current, and projected, at different funding levels. From November 1989 until July 1, 1991, the real estate appraiser certification and regulatory program was carried out through the Texas Real Estate Appraiser Certification Committee of the Texas Real Estate Commission (TREC). Appropriations requests for the program were included in TREC's biennial budget request dating 1990 for fiscal years 1992-1993. The TALCB budget is linked to Goal 4 of the Real Estate Commission's legislative appropriation request, so TREC's request must be consulted to fully understand the TALCB legislative appropriation request.

Purpose:

The purpose of this series is to request appropriations from the legislature and to provide justification for the amounts requested.

Agency Program:

Biennial budget requests are a mandatory requirement of the state budgetary process.

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records:

Legislative Budget Board, Legislative Budget Estimates have been published since fiscal years 1954 and 1955. This publication, a compilation of data for all state agencies, summarizes the fiscal information found in agency-submitted budgets or appropriations requests, but omits most of the narrative.

Series data from agency schedule:

Title: Biennial budget requests
Series item number: 1.1.004
Agency item number: AC-3
Archival code: A
Retention: AC+6

Archival holdings: None

Texas Documents Collection holdings: The archival requirement for this series is fulfilled by sending the required copies to the Publications Depository Program, Texas State Library and Archives Commission (13 Texas Administrative Code, Section 3.4(3)). The Texas Documents Collection has biennial budget requests dating from 1992 to 1998 covering fiscal years 1994 to 2001.

Biennial budget requests prepared by state agency boards and/or commissions provide evidence of an agency's fiscal performance and needs. The Texas Appraiser Licensing and Certification Board records retention schedule is correct for this series. The archival requirement for these records is fulfilled by sending the required copies to the Publications Depository Program of the Texas State Library and Archives Commission. Add note to Remarks column: “The archival requirement for this series is fulfilled by sending the required copies to the Publications Depository Program, Texas State Library and Archives Commission (13 Texas Administrative Code, Section 3.4(3)).”

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Record Series Review
Series Title:
Board meeting agenda

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: fractional

Agency holdings:

Retention for board meeting agenda is permanent. Actual agency holdings date 1989 to present, size is 0.6 cubic ft. Agenda are filed with the meeting minutes and located in TALCB offices.

Description:

Records are agenda dating from 1989-[ongoing] which note the date, time, and location of Texas Appraiser Licensing and Certification Board meetings and list the subjects to be discussed.

Purpose:

Agenda are created to notify all interested parties of the purpose for board meetings.

Agency Program:

Governmental bodies are required to provide written notice of the date, hour, place, and subject of each meeting held by the governmental body. (V.T.C.A., Government Code, Section 551.041)

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None

Problems: None

Known related records in other agencies: Texas Register, Secretary of State

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records: Summaries printed in the Texas Register

Series data from agency schedule:

Title: TALCB Board meeting agenda
Series item number: 1.1.016
Agency item number: AC-10
Archival code: A
Retention: PM

Archival holdings:

TALCB Board meeting agenda, 1993-1999, fractional
Records are agenda for TALCB meetings dating April 1993 to May 1999 with some gaps. Agenda note the date, time, and location of board meetings and list the subjects to be discussed. The Archives and Information Services Division is missing agenda from November 1989 to March 1993, May and October 1993, April 1995, August 1996, and February 1998. These agenda are filed with the board meeting minutes in the series TALCB board meeting agenda and minutes, 1990-1999.

Texas Documents Collection holdings: None

Appraisal Decision:

Board meeting agenda provide a table of contents for and an overview of the board meeting minutes. These agenda are appraised as archival because they provide information about the board meeting minutes and enhance access to the minutes. The Appraiser Board should combine this series with the board meeting minutes as recommended in the 1998 State Records Retention Schedule under the new item number (1.1.058). Add note to Remarks column: “Agency retains permanent record copy. The archival requirement will be met by sending a copy to the Archives and Information Services Division, Texas State Library and Archives Commission.” Copies of missing agenda need to be transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission. Agenda are missing from November 1989 to March 1993, May and October 1993, April 1995, August 1996, and February 1998.


Record Series Review
Series Title:
Board meeting minutes

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: 0.25 cubic ft.

Agency holdings:

Retention of board meeting minutes is permanent. Actual agency holdings date from 1989 to present; size is 0.6 cubic ft., minutes are filed with agenda and located in the TALCB offices.

Description:

Records are meeting minutes including attachments, dating 1989-[ongoing] of the Texas Appraiser Licensing and Certification Board and its predecessor the Texas Real Estate Appraiser Certification Committee of the Texas Real Estate Commission. Attachments include a letter and news release. Minutes list attendees and location of meetings, mention election of board officers, and summarize reports presented by the TALCB commissioner and board committees to the board. Minutes concern the development of rules and regulations regarding the licensing and certification of appraisers, proposed legislation, approval of education courses, education and experience requirements for appraisers, reciprocity, complaints against appraisers, budget and personnel issues, and involvement in the Association of Appraiser Regulatory Officials. Some minutes are included for the Education and Enforcement committees.

Purpose:

Meeting minutes provide a permanent record of board meetings.

Agency Program:

Governing bodies of state agencies are required to create meeting minutes under the Open Meetings Act. (V.T.C.A., Government Code, Section 551.021)

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records: None

Series data from agency schedule:

Title: TALCB Board meeting minutes
Series item number: 1.1.017
Agency item number: AC-11
Archival code: A
Retention: PM

Archival holdings:

TALCB board meeting minutes, 1990-1997, 0.48 cubic ft.
Records are meeting minutes including attachments of the Texas Appraiser Licensing and Certification Board and its predecessor the Texas Real Estate Appraiser Certification Committee of the Texas Real Estate Commission, dating February 1990 to August 1997 with some gaps. Attachments include a letter and news release. Minutes list attendees and location of meetings, mention election of board officers, and summarize reports presented by the TALCB commissioner and board committees to the board. Minutes concern the development of rules and regulations regarding the licensing and certification of appraisers, proposed legislation, approval of education courses, education and experience requirements for appraisers, reciprocity, complaints against appraisers, budget and personnel issues, and involvement in the Association of Appraiser Regulatory Officials. Some minutes are included for the Education and Enforcement committees. Minutes are missing from November 1989 to January 1990, December 1990 to January 1991, August 1992, July 1993, August and November 1995, August 1996, and from September 1997 to present. TALCB board meeting agenda are filed with these minutes in the series TALCB board meeting agenda and minutes, 1990-1999.

Texas Documents Collection holdings: None

Appraisal Decision:

Minutes of governing boards and commissions have been appraised as archival because they provide evidence of the governing body's decisions. The TALCB should combine this series with the board meeting agenda as recommended in the 1998 State Records Retention Schedule under the new item number (1.1.058) and rename the series TALCB board meeting agenda and minutes. Add note to Remarks column: “Agency retains permanent record copy. The archival requirement will be met by sending a copy to the Archives and Information Services Division, Texas State Library and Archives Commission.” Copies of the Texas Appraiser Licensing and Certification Board minutes need to be sent to the Archives to fill in gaps: minutes are missing from November 1989 to January 1990, December 1990 to January 1991, August 1992, July 1993, August and November 1995, August 1996, and from September 1997 to present.


Record Series Review
Series Title: Administrative correspondence

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: 0.2 cubic ft.

Agency holdings:

According to the agency retention schedule, administrative correspondence is to be retained for three years. Actual agency holdings date from 1989 to present; size is approximately 2 cubic ft. Correspondence is located in the TALCB offices.

Description:

Types of records are correspondence, meeting notices, agenda, policy statements, reports, and other material dating from 1989-[ongoing] which are the administrative correspondence files for the Texas Appraiser Licensing and Certification Board. Correspondence covers the development, approval, and implementation of Texas' appraiser regulatory program, and includes information on federal laws, standards, and qualifications. Correspondence is addressed to the TALCB commissioner and board. Correspondents include the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, and the Appraiser Qualifications Board and Appraisal Standards Board of the Appraisal Foundation, as well as the foundation itself.

Purpose:

Administrative correspondence communicates information concerning the development and implementation of guidelines for regulating appraisers.

Agency Program:

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Grouped by agency, then chronological.

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None

Problems: None

Known related records in other agencies: Records at the Appraisal Subcommittee of the Federal Financial Institutions Examination Council and at the Appraiser Qualifications Board and Appraisal Standards Board of the Appraisal Foundation.

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records: None

Series data from agency schedule:

Title: Administrative correspondence
Series item number: 1.1.007
Agency item number: AC-5
Archival code: R
Retention: 3

Archival holdings: None

Appraisal Decision:

The Appraiser Board fulfills a federally-mandated function. The administrative correspondence files contain correspondence and related materials from federal agencies/organizations regarding the development and implementation of the appraiser regulatory program in Texas. This series provides significant information on the federal government's role in TALCB and complements the minutes and meetings supporting documentation series. I recommend this series be appraised as archival. The agency should send to the Archives files that have reached their retention period. [At the end of fiscal year 1999, send files from 1989 through the end of fiscal year 1996.]

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Record Series Review
Series Title: Policies and procedures manuals

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: fractional

Agency holdings:

Retention of policies and procedures manual is until superseded. The agency has the current manual, dating 1999, size is fractional. Located in the TALCB offices.

Description:

The job procedure manual, 1999, of the Texas Appraiser Licensing and Certification Board contains step-by-step instructions on how to perform particular jobs.

Purpose: Manuals are for use by employee doing job currently, another employee who is substituting, or a new employee.

Agency Program:

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: By topic

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None at the agency prior to the most recent revision

Problems: Outdated manuals were destroyed even though the series carries the archival review code R.

Known related records in other agencies: None

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

As procedures are changed, applicable parts of instructions are rewritten and outdated parts are discarded by the agency.

Publications based on records: None

Series data from agency schedule:

Title: Policies and procedures manuals (TALCB)
Series item number: 1.1.025
Agency item number: AC-15
Archival code: R
Retention: US

Archival holdings: None

Texas Documents Collection holdings: None

Appraisal Decision:

Job procedure manuals which detail specific tasks rather than laying out policies of the agency and division provide too much detail at too low a level. If these manuals included policy for the division, I would appraise them as archival. Since these are job-specific manuals, they do not meet the informational and evidential value requirements for archival retention. The agency also recommends removal of the archival review code R since these are simply working guides. I appraise the job procedure manuals as not archival. The series item number and title should be changed to 3.3.025 Job procedure records with a retention of US+3 to reflect the content of the series.


Record Series Review
Series Title: Administrative reports

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: 0.1 cubic ft.

Agency holdings:

According to the agency retention schedule, administrative reports are kept for three years. Actual agency holdings date from 1996-present; size is 0.2 cubic ft. and are located in the TALCB offices.

Description:

Records are administrative reports dating 1996-[ongoing]. Reports contain cumulative figures and statistics for Texas Appraiser Licensing and Certification Board activities. Reports include comparisons of the number of appraisers with and without real estate licenses, the number of appraisers who renewed licenses and certifications, the numbers of active certifications in each appraiser category from fiscal year 1994 to present, and the number of renewals from fiscal year 1993 to present. Figures are in table and chart form

Purpose:

Reports present statistics compiled about TALCB activities.

Agency Program:

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None at agency before 1996

Problems: The TALCB destroys administrative reports after they have fulfilled the retention period listed on the schedule even though the series is coded for archival review.

Known related records in other agencies: None

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series. The TALCB destroys administrative reports after they have fulfilled the retention period listed on the schedule.

Publications based on records: Monthly TALCB staff report

Series data from agency schedule:

Title: Reports--Administrative
Series item number: 1.1.031
Agency item number: AC-19
Archival code: R
Retention: 3

Archival holdings: None

Texas Documents Collection holdings: None

Appraisal Decision:

The administrative reports provide detailed information about active licensees. The summary of the commissioner's staff report included in the minutes provides the number of active licensees to date. [Copies of staff reports are included in the meetings supporting documentation series.] Numbers of active licensees are also included in strategic plans and biennial budget requests. The information found in the minutes, meetings–supporting documentation, strategic plans, and biennial budget requests series is sufficient for documenting the numbers of licensed and certified appraisers. I recommend that the administrative reports be appraised as not archival. Archival review code R should be replaced by archival exception code E and the following statement should be included in the Remarks column of the retention schedule: “Archival review code removed subsequent to appraisal by Archives and Information Services Division, Texas State Library and Archives Commission, July 6, 1999.”


Record Series Review
Series Title: Strategic plans

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: 0.1 cubic ft.

Agency holdings:

Retention of strategic plans is permanent. Actual agency holdings date from 1992 to present; size is 0.6 cubic ft., located in TALCB offices.

Description:

Records are strategic plans of the Texas Appraiser Licensing and Certification Board, dating from 1992-[ongoing]. Strategic plans include a statement on the missions and goals of the agency, a description of measures for outcome and output of the agency, the identification of groups of people served by the agency, an analysis of the use of resources by the agency, an analysis of expected changes due to changes in state and federal law, a description of means and strategies to meet the agency's needs, and a description of capital improvement needs.

Purpose:

Strategic plans describe the long term strategy developed by the board.

Agency Program:

State agencies are required by law to produce strategic plans in even-numbered years, covering five fiscal years beginning with the next odd-numbered fiscal year. (V.T.C.A., Government Code, Section 2056.002)

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records: None

Series data from agency schedule:

Title: Strategic plans
Series item number: 1.1.055
Agency item number: AC-29
Archival code:
Retention: PM

Archival holdings: None

Texas Documents Collection holdings: The archival requirement for this series is fulfilled by sending the required copies of strategic plans to the Publications Depository Program of the Texas State Library and Archives Commission (13 Texas Administrative Code, Section 3.4(1)(C)). The Texas Documents Collection of the Archives and Information Services Division holds strategic plans for the TALCB dating from 1994-1998 and covering fiscal years 1995-2003. The strategic plan for 1992 covering fiscal years 1992-1998 is missing.

Appraisal Decision:

add archival code A to the retention schedule and include the following note in the Remarks column: “The archival requirement for this series is fulfilled by sending the required copies to the Publications Depository Program, Texas State Library and Archives Commission (13 Texas Administrative Code, Section 3.4(1)(C)).” The TALCB should send a copy of the strategic plan from 1992 to the Archives for transfer to the Texas Documents Collection.


Record Series Review
Series Title:
Appraiser registry fee report

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: 0.6 cubic ft.

Agency holdings:

According to the agency retention schedule, appraiser registry fee reports are kept permanently. Actual agency holdings date from July 1992 to present; size is approximately 1.15 cubic ft. and records are stored in TALCB offices.

Description:

Records are reports dating 1992-[ongoing] which list TALCB licensees and fees remitted. Annual fees are collected by TALCB and paid to the Appraisal Subcommittee (ASC) in Washington, D.C. The ASC of the Federal Financial Institutions Examination Council was created by Title XI of FIRREA, the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C., Sections 1331-3351), the “savings and loan bailout bill. ” The ASC approves and monitors the various state real estate appraiser licensing and regulatory programs and is funded by a national registry fee. The TALCB collects a $25 annual national registry fee from each licensee and transmits the fees to the ASC in accordance with Title XI of FIRREA and Section 13 of the Texas Appraiser Licensing and Certification Act (Vernon's Ann. Civ. St., Article 6573a.2).

Purpose:

Appraiser registry fee reports record payments made by licensees.

Agency Program:

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None

Problems: None

Known related records in other agencies: Records at the Appraisal Subcommittee of the Federal Financial Institutions Examination Council and at the Appraiser Qualifications Board and Appraisal Standards Board of the Appraisal Foundation

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records: None

Series data from agency schedule:

Title: Appraiser registry fee report
Series item number:
Agency item number: AC-51
Archival code:
Retention: PM

Archival holdings: None

Texas Documents Collection holdings: None

Appraisal Decision:

This series was appraised because of the agency's permanent retention of the appraiser registry fee reports. The reports provide evidence that individuals licensed by the TALCB submitted a fee for transmittal to the Appraisal Subcommittee. Although the agency retains the report for administrative purposes, the series does not merit transfer to the Archives. I recommend this series be appraised as not archival.


Record Series Review
Series Title:
Appraiser random experience verification report

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: fractional

Agency holdings:

Agency retention is permanent. Actual agency holdings date from 1993 to present; size is 0.2 cubic ft. and reports are located in TALCB offices.

Description:

Records are reports prepared by the Texas Appraiser Licensing and Certification Board, dating 1993-[ongoing], which contain proof of experience for five percent of appraiser applicants, selected at random. Section 9 of the Texas Appraiser Licensing and Certification Act provides for experience verification audits. The section was amended effective September 1, 1995 to allow for a five percent sampling of applicants to check experience claimed (Senate Bill 634, 74th Legislature, Regular Session). The board must verify the evidence of acceptable appraisal experience submitted by an applicant for certification or licensing by relying on appropriate sampling techniques applied to not more than five percent of the applications received by the board. If an application is selected for verification, the applicant has at least 60 days after the date of selection to prepare any records. This includes requiring the applicant to complete a form, prescribed by the board, that includes detailed listings of appraisal experience. Information regarding each appraisal claimed by the applicant should include the city or county where the appraisal was performed, the type and description of the building or property appraised, the approaches to value utilized in the appraisal, the actual number of hours spent on the appraisal, and other information determined to be appropriate by the board.

Purpose:

Appraiser random experience verification reports provide samples of appraisers' experience to check that applicants are being truthful about their experience.

Agency Program:

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None at agency before 1993

Problems: None

Known related records in other agencies: None

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records: None

Series data from agency schedule:

Title: Appraiser random experience verification report
Series item number:
Agency item number: AC-52
Archival code:
Retention: PM

Archival holdings: None

Texas Documents Collection holdings: None

Appraisal Decision:

I appraised this series because the agency permanently retains the appraiser random experience verification reports. These reports are used by TALCB to determine if applicants are telling the truth about appraisal experience. Once applicants have been approved, they are included in the total of licensed and certified appraisers (found in the minutes, strategic plans, biennial budget requests, and meetings supporting documentation). Although the agency maintains the reports for administrative purposes, the reports serve to validate procedures and have no archival value. I recommend this series be appraised as not archival.


Record Series Review
Series Title:
Organization charts

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: fractional

Agency holdings:

According to the retention schedule, organization charts are kept until superseded. Actual agency holdings date 1992-1998; size is fractional cubic ft. and are located in TALCB offices within strategic plans.

Description:

Records are organization charts, dating from 1992-[ongoing], which provide an overview of the organization of the Texas Appraiser Licensing and Certification Board in a graphic format.

Purpose:

Organization charts provide a summary of the organization of the agency.

Agency Program:

Agencies are required to include organization charts in strategic plans and other reports to the legislature, governor, or state auditor.

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None at agency before 1992; the strategic plan for 1992 is missing from the Texas Documents Collection.

Problems: None

Known related records in other agencies: None

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records: None

Suggested series from state Records Retention Schedule:

Title: Organization chart
Series item number: 1.1.023
Agency item number:
Archival code: A
Retention: US

Archival holdings: None

Texas Documents Collection holdings:

Organization charts are included in copies of the strategic plans dating 1992-1998.

Appraisal Decision:

Organization charts show the structure of the Texas Appraiser Licensing and Certification Board in a graphic format. The series is appraised as archival because it provides information about changes in the makeup of the agency over a period of time. The TALCB needs to add the series Organization charts to the retention schedule with archival code A and the following note in the Remarks column: “Included in strategic plan. The archival requirement for this series will be met by sending required copies of the strategic plan to the Publications Depository Program, Texas State Library and Archives Commission. ” As long as the board includes organization charts in the strategic plans and continues to send the plans to the Publications Depository Program, the archival requirement will be met.


Record Series Review
Series Title:
Meetings – supporting documentation

Agency: Texas Appraiser Licensing and Certification Board

Obsolete record series? No

Ongoing record series? Yes

Annual accumulation: 0.5 cubic ft.

Agency holdings:

Suggested retention for Meetings supporting documentation is two years. Agency holdings date from November 1989 to present and consist of 5 cubic ft., located in TALCB offices.

Description:

Records include correspondence, drafts of rules, staff reports from the commissioner, and other information sent to Texas Appraiser Licensing and Certification Board members before a meeting concerning what will be discussed at the meeting, dating 1989-[ongoing]. The series also contains informational reports concerning licensees. Meetings concern the development of rules and regulations regarding the licensing and certification of appraisers, proposed legislation, approval of education courses, education and experience requirements for appraisers, reciprocity, complaints against appraisers, budget and personnel issues, and involvement in the Association of Appraiser Regulatory Officials.

Purpose:

Meetings–supporting documentation prepare board members for meetings and provide them with sufficient data to make decisions.

Agency Program:

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 appoints 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.

The mission of the 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.

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.

Texas Appraiser Licensing and Certification Act, Vernon's Ann. Civ. St., Article 6573a.2

Title XI, Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C., Sections 1331-3351)

Arrangement: Chronological

Access constraints: None

Use constraints: None

Indexes or finding aids required for/or an aid to access? None

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Texas State Library and Archives Commission were checked for the Texas Appraiser Licensing and Certification Board and none were found for this series or the equivalent or related series.

Publications based on records: None

Suggested series from state Records Retention Schedule:

Title: Meetings–supporting documentation
Series item number: 1.1.062
Agency item number:
Archival code: A
Retention: 2

Archival holdings: None

Texas Documents Collection holdings: None

Appraisal Decision:

Meetings–supporting documentation is considered an archival series because it supplements the summary of board actions and decisions contained in the series Meeting minutes. Supporting documentation often contains the documents used by board members to make decisions. This series is appraised as archival. The TALCB needs to add Meetings supporting documentation to the retention schedule with archival code A, with a recommended retention of two years. The agency should transfer to the Archives all supporting documentation for meetings which have fulfilled the retention requirement, and yearly thereafter. [At the end of fiscal year 1999, meeting files through fiscal year 1997 should be transferred to the Archives and Information Services Division.]

Page last modified: August 31, 2011