Texas Commission of Licensing and Regulation Meeting Agenda
April 5, 2022 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 Commissioner presiding over the meeting will be present at the meeting location. 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
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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., April 4 2022. Public comments can also be made in person on April 5, 2022 at the meeting location. Any person wishing to address the Commission should complete a Public Comment Form and submit it to the Commission Liaison.
EXECUTIVE SESSION
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Executive Session - held in 1st Floor Commission Executive Session Meeting Room
- 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
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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.
- Discussion and possible 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.
- Discussion and possible action on assignments of Commissioner liaisons to advisory boards
- Discussion on strategic planning process and possible appointment of Commission Strategic Planning Workgroup
MINUTES
- Approval of Minutes – Meeting of January 25, 2022
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
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Case / Docket Number
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1.
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ELC20210008237 / 452-22-0086.ELC
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2.
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TOW20210010464 / 452-21-2312.TOW
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RULES
K.
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Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter K, §§60.501, 60.510, 60.512, 60.514 and 60.518, and the proposed new rule at Subchapter K, §60.519, regarding the Procedural Rules of the Commission and the Department. The proposed rules implement House Bill (HB) 139, 87th Legislature, Regular Session (2021) by updating current rule definitions from Chapter 55, Occupations Code; providing for a procedure in rule to allow a non-resident military spouse to obtain eligibility for occupational licenses that require in-state residency; and correcting, updating and removing obsolete references to past bills no longer needed in the current rule
subchapter.
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L.
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Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 84, Subchapter A, §84.3; and Subchapter M, §§84.500, 84.502 - 84.504, and 84.507, regarding the Driver Education and Safety program. The proposed rules are necessary to implement Senate Bill 1831, House Bill (HB) 3212, and HB 3319, 87th Legislature, Regular Session (2021), which amend Texas Education Code, Chapter 1001. The
proposed rules implement these bills by updating the driver training curriculum requirements in the DES Program Guides which are adopted by reference in the rules.
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M.
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Discussion and possible action on the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 94, §94.60, regarding the Property Tax Professionals program. The proposed new rule implements Senate Bill 916, 87th Legislature, Regular Session (2021) which requires
the Department to provide an electronic link on its website to provide users with access to appraisal district biennial performance review information from the State Comptrollers’ Office.
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N.
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Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 114, §§114.20-114.22, 114.27, 114.29, 114.40, 114.50, 114.75, and 114.80, regarding the Orthotists and Prosthetists program. The proposed rules implement changes identified by the Department as a result of the four-year rule review process conducted under Texas Government Code §2001.39. The proposed rules update rule provisions
to reflect current Department procedures, amend outdated rule language, and eliminate unnecessary fees.
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O.
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Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 100, §§100.1 - 100.3, 100.11, 100.60 - 100.65, and 100.70 - 100.73; the repeal
of existing rules at §§100.1, 100.10, 100.31 and 100.50; amendments to existing rules at
§§100.20, 100.30, and 100.40; and the addition of subchapter titles to an existing chapter, regarding General Provisions for Health-Related Programs. The proposed rules implement SB 40 and Tex. Occ. Code §51.501 by providing guidelines to health professionals for the use of telehealth and remote continuing education, update and amend outdated rule language, and
relocate certain podiatry-specific provisions to the podiatry chapter.
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P.
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Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.27, and the proposed new rule at Subchapter G, §130.75, regarding the Podiatry program. The proposed rules relocate certain podiatry-specific provisions that implement Texas Occupations Code §51.2032 from their
existing locations in 16 TAC Chapter 100 to the chapter of Department rules specifically regulating podiatry.
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APPOINTMENTS
- Approval of appointments and or reappointments of members to Advisory Boards including Appointment of Presiding Officers:
APPOINTMENTS:
- Board of Boiler Rules
- Code Enforcement Officers Advisory Committee
- Dyslexia Therapists and Practitioners Advisory Committee
- Electrical Safety and Licensing Advisory Board
- Elevator Advisory Board
- Licensed Breeders Advisory Committee
- Orthotists and Prosthetists Advisory Board
- Registered Sanitarian Advisory Committee
- Speech-Language Pathologists and Audiologists Advisory Board
- Texas Water Well Drillers Advisory Council
REAPPOINTMENTS:
- Code Enforcement Officers Advisory Committee
- Dietitians Advisory Board
- Elevator Advisory Board
PRESIDING OFFICER APPOINTMENTS:
- Air Conditioning and Refrigeration Contractors Advisory Board
- Elevator Advisory Board
- Registered Sanitarian Advisory Committee
- Texas Water Well Drillers Advisory Council
PRESIDING OFFICER REAPPOINTMENTS:
- Architectural Barriers Advisory Committee
- Auctioneer Advisory Board
- Behavior Analyst Advisory Board
- Code Enforcement Officers Advisory Committee
- Combative Sports Advisory Board
- Electrical Safety and Licensing Advisory Board
- Hearing Instrument Fitters and Dispensers Advisory Board
- Massage Therapy Advisory Board
- Midwives Advisory Board
- Motorcycle Safety Advisory Board
- Property Tax Consultants Advisory Council
- Speech-Language Pathologists and Audiologists Advisory Board
- Towing and Storage Advisory Board
- Weather Modification Advisory Committee
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
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 to 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 April 5, 2022 public meeting.
Any person wishing to address the Commission in person, should complete a Public Comment Form and submit it to the Commission Liaison prior to the Public Comment portion of the Commission meeting.
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Written comments must be submitted to Comments@tdlr.texas.gov no later than 12:00 p.m. April 4, 2022.
- 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 virtually during the public meeting, please provide: your contact information to Public.Comments@tdlr.texas.gov by 12:00 p.m. April 4, 2022.
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You will receive an email invitation to join the
- 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 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
Requests for Public Comment must include:
- Agenda Item or Specific Topic
- Name
- Email and Phone Number
- Please indicate whom you are representing, , 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. April 4, 2022.
Failure to provide the information requested directly above could result in your comment being delayed or taken out of order.