Texas Commission of Licensing and Regulation Meeting Agenda

December 7, 2021 8:30 a.m.

This meeting will take place at 1106 Clayton Lane, Suite 125E, Austin Texas and via videoconference and will be broadcast on TDLR’s YouTube channel. 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 via videoconference 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., December 6, 2021. Public comments can also be made in person on December 7, 2021 at the meeting location. Any person wishing to address the Commission should complete a Public Comment Form and submit it to the Commission Liaison.

SPECIAL RECOGNITION

Recognition and celebration of the life for cosmetology student, Tara Blanquiz
Presentation of Veterans Day Certificate to Commissioner Callas

EXECUTIVE SESSION

Executive Session - held in 1^st Floor Commission Executive Session Meeting Room
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.
3. Under section 551.074, Government Code, discussion of personnel matters, including but not limited to: the appointment, employment, compensation, evaluation, reassignment, retirement, resignation, duties, discipline and/or dismissal of the Executive Director.
  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.
Discussion and 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 October 5, 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 at the Commission’s discretion.

Item	Case / Docket Number	Respondent
1.	ELC20190014857 / 452-20-4084.ELC	Jesus Perez, Jr.
2.	COS20210003392 / 452-21-2648.COS	Hoi T. Duong
3.	MAS20200015191 / 452-21-0795.MAS	Jennifer Hollenbeck
4.	ELC20200013263 / 452-21-0515.ELC	Cody M. Lynn
5.	TOW20200013206 / 452-21-2009.TOW	Todd E. Roach
6.	TOW20200007642 / 452-21-0339.TOW	Sonny G. Harding
7.	ELC20200003709 / 452-21-0042.ELC	Miguel Soriano

MOTION FOR REHEARING

Motions for Rehearing – The Commission may consider and take any action related to the following cases, including but not limited to, rehearing matters previously decided, modifying a prior order, or entering a new order:

Respondents and Asst. General Counsel will each have 5 minutes for presentation and 3 minutes for rebuttal at the Commission’s discretion.

Item

Case / Docket Number

Respondent

DOCKET NO, 452-20-4393

452-29-4402

MAS20190009155

MAS20190009183

MAS20190016967

Cristobal L. Gonzalez

RULES

L.	Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter A, §117.2, Subchapter F, §§117.50, 117.55, 117.58, 117.59, 117.62, 117.66, 117.67, and 117.68, Subchapter G, §117.82, and Subchapter H, §§117.91 and 117.92, regarding the Massage Therapy Program. The proposed rules implement Senate Bill 1130, 87^th Legislature, Regular Session (2021), pertaining to distance learning, and House Bill 1540, 87^th Legislature, Regular Session (2021), which amended the definition of “sexual contact” in the Massage Therapy statute. The proposed rules also include clarification and clean-up changes and make amendments in response to violence and other misconduct against massage therapists.
M.	Discussion and possible action on the proposed 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 and §111.211; the proposed new rule at Subchapter V, §111.212; and the proposed repeal of existing rules at Subchapter V, §§111.212-111.216, and Subchapter X, §§111.230-111.232, regarding the Speech-Language Pathologists and Audiologists Program. The proposed rules implement the telehealth emergency rules on a permanent basis; implement SB 40, 87^th Legislature, Regular Session (2021); and include changes as a result of the four-year rule review related to telehealth and remote supervision (tele-supervision). The proposed rules also reorganize the current provisions and eliminate duplicative provisions.
N.	Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter A, §112.2; the proposed new rules at Subchapter N, §112.130 and §112.132; and the proposed repeal of an existing rule at Subchapter P, §112.150, regarding the Hearing Instrument Fitters and Dispensers Program. The proposed rules implement the telehealth emergency rules on a permanent basis; implement SB 40, 87^th Legislature, Regular Session (2021); and include changes as a result of the four-year rule review related to telehealth. The proposed rules also reorganize the current provisions.
O.	Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.24, regarding the Procedural Rules of the Commission and the Department. The proposed rule updates the list of the Department’s advisory boards and their abolishment dates, as applicable.
P.	Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 115, §115.14 and §115.115, regarding the Midwives program. The proposed amendments update the list of conditions during labor or delivery that require immediate emergency transfer; provide standards for assessing fetal heart rates; require continuing education covering fetal heart rates for license renewal; and create an audit system for reporting completion of continuing education.
Q.	Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 83, §83.80, regarding the Cosmetologists program. The proposed amendments implement House Bill 1560, 87th Legislature, Regular Session (2021) by reducing instructor renewal fees and eliminating fees related to wig specialty certificates.
R.	Discussion and possible action on the proposed amendments to an existing rule for the Barbering Program at 16 Texas Administrative Code, Chapter 82, §82.80. The proposed amendments implement House Bill 1560, 87th Legislature, Regular Session (2021) by reducing instructor license renewal fees to match the renewal fees for the Class A Barber certificate and specialty licenses and certificates.

APPOINTMENTS

Approval of appointments and or reappointments of members to Advisory Boards including Appointment of Presiding Officers:

APPOINTMENTS:

Barbering and Cosmetology Advisory Board
Driver Training and Traffic Safety Advisory Committee
Motor Fuel Metering and Quality Advisory Board

REAPPOINTMENT:

Electrical Safety and Licensing Advisory Board

PRESIDING OFFICER APPOINTMENTS:

Barbering and Cosmetology Advisory Board
Driver Training and Traffic Safety Advisory Committee
Motor Fuel Metering and Quality Advisory Board

AUDITS

Discussion and possible action to consider proposals received in response to Request for Proposals for Internal Audit Services and to authorize the Department to enter into a contract with the selected vendor.

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:

Agency Reports, Statistics, and Trends
HUB Report and Mentor Protégé Program
Veterans Committee meetings and Veteran’s Day
Update on the Texas Licensing System Process
Personnel Changes – retirements, promotions, new hires etc.

NEXT MEETING

Agenda items for future Commission Meetings
Upcoming Commission Meetings

ADJOURNMENT

Adjournment

TEXAS COMMISSION OF LICENSING AND REGULATION

Online Public Comment Instructions

(If you are going appear at the Commission meeting in person you do not need to complete this step to provide public comment.)

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 December 7, 2021, public meeting.

Written comments must be submitted to Comments@tdlr.texas.gov no later than 12:00 p.m. December 6, 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. December 6, 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 for 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. December 6, 2021.

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