TEXAS COMMISSION OF LICENSING AND REGULATION


A G E N D A

December 14, 2011, 9:00 a.m.

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

A G E N D A / TABLE OF CONTENTS

If you require auxiliary aids, services or materials in an alternate format contact the Texas Department of Licensing and Regulation at least 5 working days prior to the meeting date. Phone: (512) 463-3173, FAX: (512) 475-2874, E-MAIL: kay.mahan@tdlr.texas.gov, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

View the meeting with RealPlayer at http://real2.license.state.tx.us:554/ramgen/broadcast/cm121411.rm?usehostname

A. Call to Order

B. Roll Call and Certification of Quorum

Approval of Minutes - Meeting of November 1, 2011.

C. Public Comment (any person wishing to address the Commission should complete a Public Comment Form and submit it to the Executive Assistant)

D1. Contested Cases - consideration and possible action (heard before SOAH)

  Docket Number Respondent Prosecutor

1.

COS2009012376D/452-11-5763.COS

Quang N. M. Huynh d/b/a T & P Nails Design

Ronald Foster

2.

COS2011006993L/ 452-11-7608.COS

Tedd Hoang

Robert Rennich

3.

ELC20110010537/452-11-9060.ELC

Jose Mojica

Robert Rennich

4.

ELC2011006700L/452-11-7103.ELC

Kevin McCuistion

Robert Rennich

5.

ELC2011006737L/452-11-7936.ELC

Charles David L. Rogers

Robert Rennich

D2. Contested Cases – consideration and possible action (Respondent did not appear, heard before SOAH)

  Docket Number Respondent Prosecutor

1.

ACR2010000468C/452-11-7628.ACR

Johnson Cauble and Yvette Jackson
d/b/a Affordable Home Repair Services

Karen J. Cox

2.

ACR2010005845D &
ELC2010008108D/452-10-5411.ACR

John Middleton d/b/a A Plumbing & Cooling

Karen J. Cox

3.

BOX2010008027D/452-11-3850.BOX

Hector Munoz

Robert W. Musemeche

4.

ELC2009005589C/452-11-4192.ELC

James W. Phoenix
d/b/a Phoenix Lighting and Signs

Karen J. Cox

5.

ELC2010000670C/452-11-0611.ELC

Wayne Sloan
d/b/a Sloan A/C and Heaing Co.

Karen J. Cox

6.

ELC2010004865C/452-11-4752.ELC

David Hubbard d/b/a Conservative Electric

Robert W. Musemeche

7.

ELC2011002312C/452-11-8670.ELC

Darrell Frisby d/b/a Coastal Property Repair

Karen J. Cox

8.

TOW2010008133C, TOW2010011034C & TOW2010012154C/452-11-5844.TOW

Michael Teasdale
d/b/a American/Roadrunner Wrecker

Adam O. Fellows

E. Motions for Rehearing – The Commission may consider and take any appropriate action related to the following matters

  Docket Number Respondent Prosecutor

1.

COS2011004397D

Nhut Minh Ho d/b/a Angel’s Day Spa

General Counsel

2.

COS2011005743D

Brandi Germany d/b/a Brandi’s

General Counsel

3.

ELC2011005007S

Bernardo Becerra

General Counsel

4.

ELC2011005831C

Gregorio Gutierrez

General Counsel

5.

ELE2011001107D

Radisson Hotel Waco

General Counsel

6.

TOW2010009285L

Scott Drury

General Counsel

F. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter F, §60.83, to implement House Bill 3287, 82nd Legislature, Regular Session (2011) regarding extending the time period for late renewals: General Counsel

G. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 70, §70.100 and §70.101, regarding code adoptions in the Industrialized Housing and Buildings program: General Counsel

H. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 73, §§73.10, 73.20, 73.25, 73.26, 73.51, 73.52, 73.53 73.54, 73.60, 73.65, 73.70, and 73.80, to implement SB 1630, 82nd Legislature, Regular Session (2011), HB 1625, 82nd Legislature, Regular Session (2011) and changes suggested for rule simplification by the Electrical Safety and Licensing Advisory Board: General Counsel

I. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 82, §§82.10, 82.20, 82.21, 82.22, 82.23, 82.31, 82.40, 82.70, 82.71, 82.72, 82.80, 82.100, 82.104, 82.106, 82.112 and 82.120; and the proposed repeal of §§82.75, 82.74, 82.73, 82.74, 82.75, 82.76, 82.77 regarding the Barbering program, to implement Senate Bill 1170, 82nd Legislature, Regular Session, (2011), and proposed changes recommended by the Advisory Board on Barbering: General Counsel

J. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, (TAC) §§ 85.650, 85.703, 85.704, 85.705, 85.706, 85.708, 85.710, 85.720, 85.722, 85.725 and 85.1003, and proposed new rule at 16 TAC §85.1004 regarding the Vehicle Storage Facilities program, to implement House Bill 3510, 82nd Legislature, Regular Session (2011), and proposed changes recommended by the Towing, Storage, and Booting Advisory Board: General Counsel

K. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), §§86.10, 86.212, 86.455, 86.500, 86.700, 86.705, 86.709, 86.710, 86.800, 86.1000 and 86.1001; proposed new rules: §§86.458, 86.711, 86.715; and the proposed repeal of existing rules at 16 TAC §86.600 and §86.704 regarding the Towing, Storage and Booting program, to implement House Bill 3510, 82nd Legislature, Regular Session (2011), and proposed changes recommended by the Towing, Storage, and Booting Advisory Board: General Counsel

L. Staff Reports: TDLR Staff

Briefing from agency staff and discussion:

Executive Office

  • Recent developments
  • Agreed Orders, Default Orders and Cease & Desist Orders
  • Recent Presentations

Financial Services Division

  • Update on budget
  • Recent developments

Compliance Division

  • Update on inspection activities
  • Trainings and speaking engagements
  • Recent developments

Human Resources Office

  • Update on personnel changes
  • Recent developments

Enforcement Division

  • Enforcement case statistics
  • Default Order statistics
  • Recent developments

Network Services Division

  • Update on data center consolidation
  • Update on networking projects
  • Recent developments

General Counsel Office

  • Update on rulemaking
  • Update on collections contract and collection matters
  • Update on open records statistics
  • Training
  • Recent developments

Licensing Division

  • Licensing statistics
  • Recent developments

Customer Service Division

  • Call center statistics
  • Recent developments

Information Systems Development Division

  • Update on programming projects
  • Recent developments

Education & Examination Division

  • Examination statistics
  • Update on education providers
  • Recent developments

M. Advisory Boards Reports: Public Affairs

Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meetings:

  • Advisory Board on Cosmetology – 11/07/11
  • Air Conditioning and Refrigeration Contractors Advisory Board – 11/09/11
  • Texas Tax Professional Advisory Committee – 11/10/11
  • Advisory Board on Barbering – 11/14/11
  • Licensed Breeders Advisory Committee – 11/15/11
  • Electrical Safety and Licensing Advisory Board – 11/16/11
  • Texas Industrialized Building Code Council – 12/01/11
  • Licensed Breeders Advisory Committee – 12/07/11
  • Towing, Storage and Booting Advisory Board – 12/13/11

N. Approval of appointments of members to Advisory Board, including appointment of presiding officers: Chairman

  • Advisory Board on Cosmetology
  • Electrical Safety and Licensing Advisory Board
  • Medical Advisory Committee

O. Executive Session: Chairman

  1. Consultation with staff attorney pursuant to section 551.071, Government Code wherein the Commission will receive a briefing from General Counsel
    concerning pending or contemplated litigation and settlement offers.
  2. Under section 551.074, Government Code, discussion of personnel matters.

NOTE: The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion.

P. Action on items discussed in Executive Session: Chairman

Discussion and possible action on items discussed in the Executive session

Q. Discussion of date, time and location of future Commission meetings: Chairman

R. Adjournment

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