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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).

  1. Call to Order and Invocation
  2. Roll Call, Certification of Quorum

PUBLIC COMMENT

  1. 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

  1. Executive Session - held in 1st 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
    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.

  2.  Discussion and possible action on items discussed in Executive Session

COMMISSION ACTION

  1. Discussion and possible action to authorize that Commissioners’ electronic signatures be placed on written orders and decisions resulting from today’s meeting.
  2. Discussion and possible action on assignments of Commissioner liaisons to advisory boards
  3. Discussion on strategic planning process and possible appointment of Commission Strategic Planning Workgroup

MINUTES

  1. Approval of Minutes – Meeting of January 25, 2022

CONTESTED CASES

  1. 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

1.

ELC20210008237 / 452-22-0086.ELC

2.

TOW20210010464 / 452-21-2312.TOW

RULES

K.

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.

L.

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.

M.

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.

N.

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.

O.

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.

P.

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.

APPOINTMENTS

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

APPOINTMENTS:

REAPPOINTMENTS:

PRESIDING OFFICER APPOINTMENTS:

PRESIDING OFFICER REAPPOINTMENTS:

STAFF REPORTS

  1. 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:

NEXT MEETING

  1. Agenda items for future Commission Meetings
  2. Upcoming Commission Meetings

ADJOURNMENT

  1. 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.

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.

Requests for Public Comment must include:

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.