TDLR Administration

Texas Commission of Licensing and Regulation Meeting Agenda

May 1, 2023 - 8:30 a.m.

This meeting will take place at 1106 Clayton Lane, Suite 125E, Austin, Texas and will be broadcast on TDLR’s YouTube channel. The meeting agenda is available on the Department’s webpage. If you need the agenda in an alternate format, contact the Texas Department of Licensing and Regulation at least 5 working days before the meeting date at: 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*
    Public Comments can be made in person on May 1, 2023, at the meeting location. 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.

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.
    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.

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

MINUTES

  1. Approval of Minutes – Meeting of March 6, 2023

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

Respondent

1.

MAS20220016880 / 452-23-01497.MAS

Fang Funderburg

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, reconsidering 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.

MAS20210003228

MAS20210003228

Ildefonso Chavez

 

RULES

I.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 60, Subchapter A, §60.10; Subchapter F, §60.82; Subchapter G, §60.101; Subchapter I, §60.300, §60.304, §60.305, §60.307, §60.308, and §60.310; and Subchapter J, §§60.400-60.406, §60.408, and §60.409; the proposed new rules at Subchapter H, §§60.200 – 60.204; Subchapter I, §60.301, §60.302, §60.309, §60.311, and §60.312; and the proposed repeal of existing rules at Subchapter H, §60.200; and Subchapter I, §60.306 and §60.311, regarding the Procedural Rules of the Commission and the Department. The proposed rules make substantive and clean-up changes to the agency’s procedural rules and include changes resulting from staff and strategic planning, the required four-year rule review, and the Department’s Sunset legislation. The proposed rules address definitions, dishonored payment fees, negotiated rulemaking, complaints, contested cases, and mediation for contested cases.

J.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.1 and §84.3; Subchapter B, §§84.31-84.33; Subchapter C, §§84.42, 84.47, and 84.48; Subchapter D, §§84.50-84.52; Subchapter G, §§84.80, 84.84, and 84.85; Subchapter I, §§84.100, 84.101, and 84.103; Subchapter L, §84.400; Subchapter M, §§84.500-84.502, and 84.504; Subchapter N, §84.600 and §84.601; new rules at Subchapter A, §84.2; Subchapter B, §84.30; Subchapter C, §§84.40-84.46; Subchapter E, §§84.60, 84.61, and 84.63; Subchapter G, §§84.81-84.83; Subchapter H, §84.90; Subchapter J, §84.200; Subchapter K, §84.300 and §84.301; and the repeal of existing rules at Subchapter A, §84.2; Subchapter B, §84.30; Subchapter C, §§84.40-84.46; Subchapter E, §§84.60-84.64; Subchapter F, §§84.70-84.72; Subchapter G, §§84.81-84.83; Subchapter H, §84.90; Subchapter J, §84.200; Subchapter K, §§84.300-84.302; Subchapter M, §§84.503, 84.505-84.507, regarding the Driver Education and Safety (DES) Program. The proposed rules are necessary to implement House Bill (HB) 1560, Article 5, 87th Legislature, Regular Session (2021), which amend Texas Education Code, Chapter 1001, to: (1) clarify DES license types, licensing prerequisites, means of course instruction delivery, and program fees; and (2) implement the recommendations of the DES Providers/Instructors Workgroup (Workgroup), consistent with HB 1560, relating to the qualifications, responsibilities, and functions of those licensees.

APPOINTMENTS

  1. Approval of appointments or reappointments of members to advisory boards including reappointments of presiding officers:
  • Appointments:
  • Behavior Analyst Advisory Board
  • Presiding Officer Reappointments:
  • 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
  • Motor Fuel Metering and Quality Advisory Board
  • Motorcycle Safety Advisory Board
  • Speech-Language Pathologists and Audiologists Advisory Board

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:
  • Legislative Session Update
  • Driver Education Summit Update
  • Agency Reports, Statistics, and Trends
  • Recent Accomplishments

NEXT MEETING

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

ADJOURNMENT

  1. Adjournment