Texas Appraiser Licensing and Certification Board

Final Results of Last Sunset Review

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• Continue the Texas Real Estate Commission and Appraiser Board for six years.

Governance

• Revise the Real Estate Commission’s and Appraiser Board’s self-directed, semi-independent provisions to enhance the reporting requirements; eliminate the provision allowing for the purchase, construction, or sale of property; and adjust processes governing administrative penalties and payments to other state agencies for services.  
• Update and apply the standard across-the-board requirements related to public testimony at regular meetings and board and commission member training, including training on anticompetitive board behavior.
• Authorize the Appraiser Board to establish advisory committees in rule as needed.
• Direct the Real Estate Commission to submit a proposed plan, timeline, budget, and statement of need for the purchase of property to the Texas Facilities Commission and the Sunset Commission by September 1, 2019.  (Management action – nonstatutory)

Performance Measures

• Direct the agency to evaluate and update its key performance measures.  (Management action – nonstatutory)
• Direct the agency to report annual performance data to the Sunset Commission until January 1, 2023, including timeframes for complaint resolution and license issuance, reserve fund balances, and call hold times and abandonment rates.  (Management action – nonstatutory)
• Direct the agency to provide quarterly call center reports including average call wait times by month and percentage of calls abandoned by month to the Sunset Commission beginning March 1, 2019 until January 1, 2021.  (Management action – nonstatutory)

Budgeting

• Direct the agency to develop a budget policy that fosters more realistic, straightforward budgeting and fee setting.  (Management action – nonstatutory)
• Direct the agency to update its fund balance policy to limit growth.  (Management action – nonstatutory)

Licensing

• Direct the agency to review and streamline inspector pre-licensing education requirements by January 1, 2020, and ensure the content aligns with the inspector licensing exam subject matter, evaluating the impact of any streamlining on exam passage rates by January 1, 2021.  (Management action – nonstatutory)
• Eliminate instructor approval authority and the branch office license.
• Remove statutory provisions requiring certain applicants to establish Texas residency before obtaining a Texas real estate license or appraiser approval.
• Authorize the Real Estate Commission and Appraiser Board to deny license renewal applications for noncompliant applicants.
• Remove a subjective qualification required for licensure applicants.
• Direct the Appraiser Board to implement policies and practices to allow for electronic submission of licensing information, materials, and experience logs whenever possible by March 15, 2019.  (Management action – nonstatutory)

Enforcement

• Direct the Appraiser Board to develop a plan to improve its investigative process and reduce complaint resolution timeframes by March 15, 2019.  (Management action – nonstatutory)
• Direct the Appraiser Board to establish a process to prioritize complaint investigations based on the risk each complaint poses to the public by March 15, 2019.  (Management action – nonstatutory)
• Require the Real Estate Commission and Appraiser Board to maintain complainants’ confidentiality when possible.
• Authorize the Real Estate Commission to dismiss low-level complaints and to delegate this authority to staff.
• Authorize the Appraiser Board to order refunds to consumers.
• Direct the Real Estate Commission to develop standard rules and procedures for handling each phase of the complaint process by March 15, 2019.  (Management action – nonstatutory)
• Direct the Real Estate Commission and Appraiser Board to establish a process to document and track nonjurisdictional complaints by March 15, 2019.  (Management action – nonstatutory)