TDLR Logo TDLR Logo

Site Navigation

Texas Commission of Licensing and Regulation Meeting Agenda

May 24, 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: https://www.youtube.com/user/TexasLicensing. 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
  3. Recognition of former Executive Director, William H. Kuntz, Jr.

PUBLIC COMMENT

  1. Public Comment *Comments will be limited to no more than 3 minutes*

Any person wishing to address the Commission in person should complete a Public Comment Form and submit it to the Commission Liaison at the meeting. Public Comments may also be made via videoconference. 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.gov by 12 p.m., May 20, 2022.

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 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.
  1. 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.
  1. Discussion and approval of agency’s Strategic Plan for Fiscal Years 2023-2027.

MINUTES

  1. Approval of Minutes – Meeting of April 5, 2022

PERSONNEL MANUAL

  1. Discussion and possible action to approve changes to the Personnel Manual

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.

ELC20210010070 / 452-21-2897.ELC

2.

MAS20200015191 / 452-21-0795.MAS

3.

MAS20200012325 / 452-22-0535.MAS

MOTIONS FOR REHEARING

  1. 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

1.

ACR20190002261

Jeffrey Miller

RULES

M.

Discussion and possible action on proposed rule changes affecting 19 Department programs. The proposed rules make necessary rule changes to align program rules with the advisory board changes made by House Bill 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department. The proposed changes affect the following Department program rules under Title 16, Part 4, of the Texas Administrative Code (TAC) (alphabetical order by program acronym):

  1. Athletic Trainers (ATH) - Proposed amendments to an existing rule at Chapter 110, §110.18.
  2. Auctioneers (AUC) - Proposed amendments to an existing rule at Chapter 67, §67.65.
  3. Behavior Analysts (BHV) - Proposed amendments to an existing rule at Chapter 121, §121.69.
  4. Boilers (BLR) - Proposed amendments to an existing rule at Chapter 65, Subchapter M, §65.104. 
  5. Dog or Cat Breeders (BRE) - Proposed amendments to an existing rule at Chapter 91, §91.65.
  6. Code Enforcement Officers (CEO) - Proposed amendments to an existing rule at Chapter 62, §62.65.
  7. Driver Educationand Safety (DES) - Proposed repeal of an existing rule at Chapter 84, Subchapter B, §84.34.
  8. Dietitians (DTN) - Proposed amendments to an existing rule at Chapter 116, Subchapter B, §116.14.
  9. Dyslexia Therapy (DYS) - Proposed amendments to an existing rule at Chapter 120, §120.69.
  10. Elimination of Architectural Barriers (EAB) - Proposed amendments to an existing rule at Chapter 68, §68.65.
  11. Electricians (ELC) - Proposed repeal of an existing rule at Chapter 73, §73.65.
  12. Hearing Instrument Fitters and Dispensers (HFD) - Proposed amendments to an existing rule at Chapter 112, Subchapter B, §112.14.
  13. Midwives (MID) - Proposed amendments to an existing rule at Chapter 115, §115.7.
  14. Motorcycle and ATV OperatorSafety (MOT) - Proposed amendments to an existing rule at Chapter 98, §98.69.
  15. Orthotists and Prosthetists (OPS) - Proposed amendments to an existing rule at Chapter 114, §114.69.
  16. Property Tax Consultants (PTC) - Proposed amendments to an existing rule at Chapter 66, §66.65.
  17. Speech-Language Pathologists and Audiologists (SPA) - Proposed amendments to an existing rule at Chapter 111, Subchapter B, §111.14.
  18. Vehicle Towing and Booting (TOW) - Proposed amendments to an existing rule at Chapter 86, §86.650.
  19. Used Automotive Parts Recyclers (UAPR) - Proposed amendments to an existing rule at Chapter 87, §87.65.

N.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 77, §§77.10, 77.20, 77.22, 77.41, 77.42, and 77.70; and the proposed repeal of existing rules at §§77.92-77.110, regarding the Service Contract Providers and Administrators program. The proposed amendments to, and repeal of, existing rules implement HB 1560, which transferred Residential Service Contracts from the Texas Real Estate Commission to the Texas Department of Licensing and Regulation (TDLR). HB 1560 mandates TDLR to enact rules relating to Residential Service Contracts by June 1, 2022.

APPOINTMENTS

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

PRESIDING OFFICER REAPPOINTMENTS:

EXECUTIVE OFFICE REPORTS

  1. Executive Office Reports

Briefing from Executive Office 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 DO NOT complete this step to provide public comment. You will complete a form in-person at the meeting.)

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 and you do NOT need to follow these procedures for public comment.

The Commission of Licensing and Regulation will accept public comments at the May 24, 2022 public meeting.

If you wish to address the Commission during the public meeting, please provide: your contact information to Public.Comments@tdlr.texas.gov by 12:00 p.m. May 20, 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. May 20, 2022.

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