Texas Commission Of Licensing and Regulation Meeting of November 17, 2009

Meeting of November 17, 2009
Twin Towers Office Center
1st Floor Public Meeting Room #125E
1106 Clayton Lane
Austin, Texas

Summary of Minutes

Chairman Frank Denton reconvened the meeting of the Texas Commission of Licensing and Regulation at 9:03 a.m., Tuesday, November 17, 2009. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners Lewis Benavides, LuAnn Morgan, Fred Moses and Deborah Yurco.

Staff present included: William Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Dianne Casey, Assistant Deputy Executive Director; Brad Bowman, General Counsel; Lynn Latombe, Assistant General Counsel; Della Lindquist, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Director of Information Systems Development; Jerry Daniels, Director of Financial Services; Don Dudley, Director of Education and Examination; David Gonzales, Manager of Building and Mechanical; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Dede McEachern, Director of Licensing; and Tamala Fletcher, Executive Assistant.

Chairman Denton moved to agenda item C, Public Comment. A comment was heard from Dan Hart regarding the Property Tax Professionals program.

Mike Arismendez, seconded by Deborah Yurco, moved to excuse the absence of Commissioner Lilian Norman-Keeney. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item E, Discussion and possible action on the proposed adoption of amendments to existing rules at 16 Texas Administrative Code, Chapter 70, §§70.10, 70.20-70.23, 70.30, 70.50, 70.51, 70.60, 70.62-70.65, 70.70, 70.71, 70.73-70.75, 70.77, 70.80, 70.100, 70.102, and 70.103; the proposed adoption of new rules §§70.24, 70.25, 70.61, 70.72, and 70.79; and the proposed adoption of the repeal of §70.61 and §70.72 regarding the industrialized housing and building program to implement changes defined in House Bill 2763, 81st Legislature, Regular Session (2009), which address new regulatory authority over buildings utilized as relocatable educational facilities; and to update and clarify existing rules as a result of the agency’s rule review process. LuAnn Morgan, seconded by Fred Moses, moved to accept the rules with an effective date of January 1, 2010. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item F, Discussion and possible action on the proposed adoption of amendments to existing rules at 16 Texas Administrative Code, Chapter 72, §§72.1, 72.10, 72.20, 72.71, 72,80 and 72.90, the repeal of existing rules at §§72.70, 72.81, and 72.83, and the adoption of new rules at §§72.21, 72.22, 72.23, 72.40, 72.70, and 72.91, regarding the staff leasing services program to update and clarify existing rules as a result of the agency’s rule review process; and to incorporate the same definition of “net worth” in the rules that was repealed from the statute, as a result of House Bill 2249, 81st Legislature, Regular Session (2009). Mike Arismendez, seconded by LuAnn Morgan, moved to accept the rules with an effective date of January 1, 2010. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item G, Discussion and possible action on the proposed adoption of amendments to existing rules at 16 Texas Administrative Code, Chapter 73, §§73.10, 73.20-73.24, 73.26, 73.28, 73.40, 73.65, 73.70, 73.80, and 73.90; the repeal of existing rules §§73.51-73.54, and 73.60; and the proposed adoption of new rule §§73.51-73.54, 73.60, and 73.91 regarding the electricians program to implement changes defined in House Bill 1973, 81st Legislature, Regular Session (2009), which provide requirements and clarify regulatory authority over residential appliance installers and contractors and pool equipment installation and maintenance; and to update and clarify existing rules. LuAnn Morgan, seconded by Fred Moses, moved to accept the rules with amendments proposed, with an effective date of January 1, 2010, with the exception of the rule dealing with business cards which would have an effective date of July 1, 2010. The motion was passed by unanimous vote.

The meeting was recessed at 10:26 a.m.

The meeting was reconvened at 10:45 a.m.

Chairman Denton moved to agenda item I, Discussion and possible action to approve Criminal Conviction Guidelines for the Property Tax Consultants program. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the Guidelines. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action to approve Criminal Conviction Guidelines for the Identity Recovery Services program. The Commission took no action on this item.

Chairman Denton moved to agenda item K, Staff Reports. Bill Kuntz and staff members gave reports and answered questions from the Commission.

Chairman Denton moved to agenda item D3, Uncontested Cases/Default Cases heard before the TDLR. Docket Number TOW2008007452C, TDLR v. Danny Johnson d/b/a Johnson’s Wrecker Service. LuAnn Morgan, seconded by Lewis Benavides, moved to vacate and set aside the Order. The motion was passed with Mike Arismendez voting in dissent and Fred Moses abstaining.

The Commission took no action on item M, Approval of appointments of member to Advisory Boards.

The Commission took no action on item N, Executive Session.

Chairman Denton moved to agenda item P, Discussion of date, time and location of future Commission meetings. The next meeting date was tentatively set for December 16th.

The meeting was adjourned at 12:30 p.m.

Frank Denton, Chairman
Texas Commission of Licensing and Regulation

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