TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

January 6, 2016 - 8:30 a.m.

Twin Towers Office Center
1106 Clayton Lane
1st Floor Public Meeting Room #125E
Austin, Texas

AGENDA

If you require auxiliary aids, services or materials in an alternate format contact the Texas Department of Licensing and Regulation at least 5 working days prior to the meeting date. Phone: (512) 463-6599, FAX: (512) 475-2874, E-MAIL: open.meetings@tdlr.texas.gov, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

The meeting will be broadcast on TDLR's YouTube channel at https://www.youtube.com/watch?v=fURqhJS3v5w .

A. 8:30 a.m. Viewing of contested cases, motion for rehearing, and public comment videos
NOTE: The video may be shown at other times during the meeting

B. 9:00 a.m. Call to Order

C. Roll Call and Certification of Quorum

D. Executive Session

1. Consultation with staff attorney pursuant to section 551.071(1), Government Code wherein the Commission will receive a briefing from General Counsel concerning pending or contemplated litigation, and/or settlement offers.

2. Advice from the General Counsel on legal matters authorized by 551.071(2).

3. Under section 551.074, Government Code, discussion of personnel matters.

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.

E. Action on items discussed in Executive Session
Discussion and possible action on items discussed in the Executive session

F. Approval of Minutes – Meeting of November 18, 2015

G. Contested Cases - consideration and possible action (heard before SOAH)

1. ACR20130002099, ACR20130010461/452-15-4207.ACR; Respondent Christian N. Torres

2. BAR20140020322/452-15-1227.BAR; Respondent Thomas A. Tillman, Jr.

3. ELC20140013239/452-15-1212.ELC; Respondent Phillip M. Wiley

4. ELC20150006370/452-15-3348.ELC; Respondent Jeffrey Michael Patterson

5. ELC20150008437/452-15-4225.ELC; Respondent Nghia T. Nguyen

6. TOW20150006433/452-15-4414.TOW; Respondent Bernardo Reyes

7. TOW20130023611, TOW20140003044 /452-15-1716.TOW, 452-15-1717.TOW; Respondent Atlas Towing and Storage, LLC, d/b/a Atlas Towing and Storage

8. BAR20150013311/452-15-4854.BAR; Respondent Terrance D. Edwards

9. ELC20150012079/452-15-4273.ELC; Respondent Clinton Edward Graham, Jr.

H. 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:

1. COS20150014884; Respondent Ha P Dung d/b/a Star Nails

2. COS20150018492; Respondent Erica Weaver

3. ELC20140018311; Respondent Billy Ramirez

4. ELC20150002880/452-15-2822.ELC; Respondent John McKinney III

5. ELE20150007993; Respondent Zigma Realty LLC

6. TOW20140002856; Respondent Isidro Araiza d/b/a 77-Towing & Auto Repair

I. Update on the certification of the contingent revenue riders for the 2016-2017 biennium

J. Discussion and possible action to approve three revised penalty matrices in the Elevators, Escalators and Related Equipment Program for:

    1. Inspectors
    2. Contractors
    3. Owners

K. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter G, §60.102; Subchapter I, §§60.300, 60.302, 60.304 - 60.308, 60.310 and 60.311; and proposed repeal of existing rules at Subchapter I, §§60.301, 60.303 and 60.309, to implement changes made by the 84th Legislature, Regular Session (2015), regarding the Procedural Rules of the Commission and the Department

L. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 65, Subchapter A, §65.2; Subchapter C, §65.13; Subchapter I, §65.62; Subchapter J, §65.72; Subchapter N, §65.203 and §65.210; Subchapter O, §65.300; Subchapter P, §65.401; Subchapter R, §§65.605 and 65.608 - 65.613; and proposes new rules Subchapter B, §§65.6, 65.7 and 65.8 and Subchapter K, §65.86; and proposes the repeal of Subchapter B, §65.10 and §65.11, to primarily implement changes made by House Bill 3091, regarding the Boilers program.

M. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 67, §67.20, 67.25, 67.30, 67.65 and 67.80; proposes new rules §§67.21, 67.70, 67.71 and 67.72; proposed repeal of current §67.70, to implement changes made by House Bill 2481 and make editorial corrections, regarding the Auctioneers program.

N. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 74, §§74.10, 74.50, 74.55, 74.69, 74.74 and 74.80; proposed new rule §74.105, to implement changes made by House Bill 3741 and make editorial corrections, regarding the Elevators, Escalators and Related Equipment program.

O. Staff Reports
Briefing from agency staff and discussion:

1. Executive Office

  • Agreed Orders, Default Orders and Cease & Desist Orders
  • Recent developments
    • Agency 2016-2017 Appropriations
    • New programs Bill Implementation activities
    • Presentations, Outreach, and Meetings with Constituent Groups
      • Executive Women in Texas Government Conference on November 23, 2015
      • Governor’s Executive Development Program CEO Panel on December 1, 2015
      • Prison Outreach – Torres Unit, Hondo, Texas on December 9, 2015
    • Staff Development - Recognition of:
      • Randy Nesbitt – Graduated from the Transformative Leadership Program;
      • Ray Pizarro – Graduated from Governor’s Executive Development Program; and
      • Marg Sue Owen – Received her Project Management Professional (PMP) Designation from the Project Management Institute

2. Office of Strategic Relations and Communications

  • Social Media key statistics & update

3. Compliance Division

  • Staff attendance at Property Tax Professionals conference
  • Staff activities supporting Property Tax Professionals Methods Assistance Program
  • Staff activities supporting the Drivers Education and Safety Program
  • Staff participation in association meetings
  • Training provided to licensees and other industry professionals by staff
  • Staff support for Advisory Board functions
  • Staff involvement in exam development
  • Staff support for rule development and adoption
  • Compliance statistics

4. Customer Service Division

  • External Stakeholder’s Visit/Meeting
  • Current projects
  • Update on Contact Center statistics
  • Personnel changes

5. Education & Examination Division

  • Recent Accomplishments/Current Projects
  • Examination Statistics
  • Continuing Education Statistics
  • School Inspection statistics

6. Enforcement Division

  • Enforcement statistics
  • Industry speaking engagements
  • Penalty matrix revisions
  • Bill implementation activities

7. Field Operations

  • Recent accomplishments
  • Current projects
  • Personnel changes
  • Most Common Violations
  • Summary of inspections by TDLR staff

8. Financial Services Division

  • Status of annual and quarterly reports
  • Status of DIR-DCS Contract

9. General Counsel Office

  • Update on rulemaking
  • Update on court cases with potential impact on TDLR
  • Open records previous determination from the Office of Attorney General
  • Speaking engagements and training
  • Update on streamlining review of default orders
  • Collections statistics
  • Case statistics
  • Open records statistics

10. Human Resources Office

  • Update on personnel changes
  • Update on personnel statistics

11. Information Technology Division

  • Recent accomplishments
  • Current activities
  • Update on personnel changes

12. Licensing Division

  • Licensing statistics
  • Recent accomplishments
  • Update on current projects

13. Office of Innovation

  • Update on OI Projects
  • Update on DSHS Pit Team

P. Advisory Board Report

Briefing from staff and discussion on the following advisory board meeting and the subjects discussed and actions taken in the meeting:

    • Driver Training and Traffic Safety Advisory Committee – 11/19/15
    • Hearing Fitters and Dispensers Advisory Board – 11/24/15
    • Auctioneer Advisory Board – 12/14/15
    • Elevator Advisory Board – 12/15/15
    • Board of Boiler Rules – 12/16/15

Q. Approval of appointments of members to Advisory Board, including appointment of presiding officers

    • Advisory Board on Barbering
    • Advisory Board on Cosmetology
    • Athletic Trainers Advisory Committee
    • Dietitians Advisory Board
    • Driver Training and Traffic Safety Advisory Committee
    • Hearing Instrument Fitters and Dispensers Advisory Board
    • Orthotists and Prosthetists Advisory Board

R. Public Comment
*Comments will be limited to no more than 3 minutes*
*any person wishing to address the Commission should complete a Public Comment Form and submit it to the Executive Assistant*

S. Discussion of date, time and location of future Commission meetings

T. Adjournment