Texas Commission of Licensing and Regulation Meeting Agenda

Videoconference Meeting
COMMISSION MEETING AGENDA
August 10, 2021 8:30 a.m.

This meeting will take place via videoconference and will be broadcast on TDLR’s YouTube channel: https://www.youtube.com/user/TexasLicensing. The meeting agenda and materials are available on the Department’s webpage at www.tdlr.texas.gov. If you need materials in an alternate format, contact the Texas Department of Licensing and Regulation at least 5 working days before the meeting date. Phone: (512) 463-6599, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

Call to Order and Invocation
Roll Call, Certification of Quorum

PUBLIC COMMENT

Public Comment *Comments will be limited to no more than 3 minutes*
Any person wishing to address the Commission must submit an Email by following the Public Comment Instructions found on the last page of this agenda or located at www.tdlr.texas.gov. Emails must be submitted to the Commission liaison at Public.Comments@tdlr.texas.govby 12 p.m., August 9, 2021. TDLR offices will not be open for in-person public comment.

EXECUTIVE SESSION

Executive Session
1. Consultation with the Commission’s attorney pursuant to Section 551.071(1), Government Code wherein the Commission will receive a briefing from legal counsel concerning pending or contemplated litigation and/or settlement offers.
2. Advice from the Commission’s attorney on legal matters authorized by Section 551.071(2), Government Code.
  NOTE: The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is appropriate for Executive Session discussion.
Action on items discussed in Executive Session

COMMISSION ACTION

Discussion and possible action to authorize that Commissioners’ electronic signatures be placed on written orders and decisions resulting from today’s meeting.

MINUTES

Approval of Minutes – Meeting of July 6, 2021

CONTESTED CASES

Contested Cases - consideration and possible action (heard before State Office of Administrative Hearings)
Respondents and Prosecutors will each have 5 minutes for presentation and three minutes for rebuttal

Item	Case / Docket Number	Respondent
1	ELC20200003709 / 452-21-0042.ELC	Miguel Soriano
2	TOW20200007642 / 452-21-0339.TOW	Sonny G. Harding
3	ELC20200015314 / 452-21-0202.ELC	Toriano Adarryl Goods
4	ATH20200014583 / 452-21-0565.ATH	Brian Isaiah Fisher
5	ELC20200006125 / 452-21-0067.ELC	Benjamin Kyle Meece
6	ELC20200012723 / 452-21-0659.ELC	Joe Nathen Brown, Jr.

RULES

I.	Discussion and possible action on the proposed amendments to existing rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.22, General Powers and Duties of the Department and the Executive Director, regarding the issuance of emergency licenses by the Texas Department of Licensing and Regulation (Department).
J.	Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 98, §§98.10, 98.20, 98.21, 98.22, 98.23, 98.26, 98.70, 98.100, 98.104, 98.106, 98.108, 98.110, 98.112, 98.114; and proposed new rule at §98.116, regarding the Motorcycle and ATV Operator Safety program. The proposed rules create new eligibility requirements for instructor licenses; additional safety requirements for training sites; increased information disclosure for student enrollment; and new curriculum standards for courses in motorcycle operation.
K.	Discussion and possible action on the emergency rulemaking adoption of amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.2; Subchapter E, §111.41; Subchapter F, §111.50 and §111.51; Subchapter J, §111.91 and §111.92; Subchapter V, §§111.210-111.212 and §111.215; and Subchapter X, §§111.230-111.232; and the repeal of existing rules at Subchapter V, §111.213 and §111.216, regarding the Speech-Language Pathologists and Audiologists program. This emergency rulemaking is necessary to ensure that services to clients and supervision of certain licensees may continue to be provided through telehealth as was allowed under the waivers that were granted by the Governor during the COVID-19 pandemic. This emergency rulemaking also reflects the change in the statutory authority regarding telehealth. This emergency rulemaking is necessary to protect the public health, safety, and welfare.
L.	Discussion and possible action on the emergency rulemaking adoption of amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter P, §112.150, regarding the Hearing Instrument Fitters and Dispensers program. This emergency rulemaking is necessary to ensure that services to clients may continue to be provided through telehealth as was allowed under the waivers that were granted by the Governor during the COVID-19 pandemic. This emergency rulemaking also reflects the change in the statutory authority regarding telehealth. This emergency rulemaking is necessary to protect the public health, safety, and welfare.
M.	Discussion and possible extension of the previously adopted emergency amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.100, regarding the Air Conditioning and Refrigeration program, regarding delaying the effectiveness of Section 210.8(F) of the 2020 National Electrical Code.
N.	Discussion and possible extension of the previously adopted emergency amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.100, regarding the Electricians program, regarding delaying the effectiveness of Section 210.8(F) of the 2020 National Electrical Code.
O.	Discussion and possible action on the proposed new rule at 16 Texas Administrative Code, Chapter 84, Subchapter A, §84.3; and amendments to existing rules at Subchapter C, §84.44 and §84.45; Subchapter D, §84.50; Subchapter L, §84.400; Subchapter M, §§84.500-84.506; and Subchapter N, §84.600, regarding the DriverEducationandSafety Program. The proposed rules complete implementation of House Bill 105, 86^th Legislature, Regular Session (2019), by requiring the curriculum of a specialized driving safety course to include information relating to safely operating a motor vehicle near an oversize or overweight vehicle. The proposed rules also implement a recommendation by the Curriculum Rules Workgroup and Department staff to transfer rule text relevant to curriculum requirements for driver training courses from 16 TAC, Chapter 84, to Department created program guides for use by licensees.

APPOINTMENTS

Approval of appointment and or reappointments of members to Advisory Boards:

APPOINTMENTS:

Registered Sanitarian Advisory Committee

REAPPOINTMENTS:

Architectural Barriers Advisory Committee
Auctioneer Advisory Board
Dietitians Advisory Board
Massage Therapy Advisory Board
Motorcycle Safety Advisory Board
Speech-Language Pathologists and Audiologists Advisory Board

DISCUSSION

Discussion on mandatory revocation of licenses in the Massage Therapy program based on Criminal history.

STAFF REPORTS

Staff Reports
Briefing from agency staff on activities, statistical data, personnel changes, communications and public outreach. May include discussion and update of the following topics:

COVID-19 Response
Agency Reports, Statistics, and Trends
HUB Report and Mentor Protégé Program
Improvements, delays, and changes in TDLR’s licensing process
Emergency Licenses
Personnel Changes – retirements, promotions, new hires etc.
Impact of the rescission of COVID Open Meetings Act waiver on Commission meetings

NEXT MEETING

Agenda items for future Commission Meetings
Upcoming Commission Meetings

ADJOURNMENT

Adjournment

TEXAS COMMISSION OF LICENSING AND REGULATION

Online Public Comment Instructions

Please note: The public comment portion of the agenda is not a time to speak about pending cases. If your case is on the agenda, you will be given an opportunity to speak when your case is called.

The Texas Commission of Licensing and Regulation will accept public comments at the August 10, 2021, public meeting.

Written comments must be submitted to Comments@tdlr.texas.gov no later than 12:00 p.m. August 9, 2021.
- Written comments will be provided to Commission members for review prior to the meeting but will not be read aloud during the public meeting.

If you wish to address the Commission during the public meeting, please provide:

your contact information to Comments@tdlr.texas.gov by 12:00 p.m. August 9, 2021.
- You will receive an email invitation to join the meeting.
  - You may join the meeting via computer or telephone, but you must join the meeting no later than 8:30 a.m.
  - After 8:30 a.m. you may submit a written comment, but you will not be admitted into the meeting
  - You may be required to download software to join the meeting, test your connection early to be sure you can connect to the meeting
- You will be given up to three (3) minutes to speak.

Requests Public Comment must include:

Agenda Item or Specific Topic
Name
Email and Phone Number
Please indicate whom you are representing, ex., attorney, yourself or other

The meeting chairperson may reduce the time provided for public comments based on the number of requests received.

**Please email your public comment request to Public.Comments@tdlr.texas.gov **

DEADLINE FOR PUBLIC COMMENT REQUEST IS 12 p.m. August 9, 2021.

Failure to provide the information requested directly above could result in your comment being delayed or taken out of order.