Texas Commission of Licensing and Regulation Meeting Agenda

January 11, 2019 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).

Watch the meeting at – https://www.youtube.com/user/TexasLicensing

Between 7:30 a.m. and the beginning of the meeting, the public will be able to view informational videos on the contested case, motions for rehearing, and public comment processes.

A. Call to Order

B. Roll Call and Certification of Quorum

C. Recognition of Commissioner Ray Callas for the American Medical Association Medal of Valor awarded to him on November 11, 2018

D. 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 Commission Liaison*

E. 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, duties, discipline and 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.

F. Action on items discussed in Executive Session

G. Approval of Minutes – Meeting October 26, 2018

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

Item Case / Docket Number  Respondent
1. POL20170018439 / 452-18-1790.POL Maria Anna Hubbard
2. ELC20170001159 / 452-18-3622.ELC Robert C. Garcia
3. ELC20180001868 / 452-18-4474.ELC Billy W. Armstrong, Sr
4. ELC20180002506 / 452-18-4153.ELC Derick W. Garvin
5. TOW20180006935 / 452-18-3165.TOW Robert L. Brown
6.ELC20180004586 / 452-18-4681.ELCJohn M. Jerdet
7.HFD20170013135 / 452-18-0362.HFDLuis E. De La Garza
8. TOW20180003396 / 452-18-3913.TOW Doug R. Madison
9. TOW20180005497 / 452-18-3914.TOW Peter Chairez, Jr.


I. 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:

Item Case / Docket Number Respondent
1. TOW20180001636 & VSF20180002931 / 452-18-1359 TOW Andres Cevallos III 
2. TOW20180014576 Joshua Bonuelos d/b/a

Falcon Towing & Recovery



J. Recognition of Nick Voinis for his contributions to the success of TDLR and his service to the citizens of the State of Texas

K. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 65, Subchapter C, §65.13 and §65.15; Subchapter I, §65.63; Subchapter J, §65.71; and Subchapter R, §§65.608, 65.609, and 65.612, regarding the Boilers program. The proposed amendments implement recommendations from the Board of Boiler Rules and from staff for updates, corrections, clarifications, and consistency. The proposed amendments to Subchapter A, §65.2, and Subchapter I, §65.64, relating to extension of the interval between required boiler inspections, were withdrawn for further modification and willbe re-proposed.

L. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 86, §86.705, and the proposed repeal of existing §86.213, regarding the Vehicle Towing and Booting program. The proposed amendments and repeal implement Senate Bill 1501, Senate Bill 2065, and House Bill 2615, 85th Legislature, Regular Session (2017), which establish standards of conduct for tow operators engaging in the non-consent relocation of vehicles from one area on a parking facility to another area on the same parking facility and eliminate the towing operator training license.

M. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 87, §§87.10, 87.25, 87.30, 87.45, 87.47, 87.65, 87.71, 87.80, and 87.85, and the proposed repeal of existing §§87.73 - 87.77, 87.79, 87.81, and 87.92, regarding the Used Automotive Parts Recyclers program. The proposed amendments and repeal implement Texas Transportation Code, Chapter 501 and Texas Occupations Code, Chapter 2309, which update references and duplicate provisions.

N. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 95, §§95.40, 95.50, 95.71 and 95.100, regarding the Transportation Network Companies program. The proposed amendments make editorial corrections and update the language used regarding persons using fix-framed wheelchairs.

O. Discussion and possible action on the the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 79, §79.33, regarding the Weather Modification program. The proposed amendments clarify reporting requirements to implement a recommendation from the Department’s internal auditor and allow greater flexibility in reporting by allowing required information to be posted on a publicly-available website.

P. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 55, Rules for Administrative Services, as a result of the four-year rule review.

Q. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 61, Combative Sports, as a result of the four-year rule review.

R. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 65, Boilers, as a result of the four-year rule review.

S. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 66, Registration of Property Tax Consultants, as a result of the four-year rule review.

T. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 67, Auctioneers, as a result of the four-year rule review.

U. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 68, Elimination of Architectural Barriers, as a result of the four-year rule review.

V. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 74, Elevators, Escalators, and Related Equipment, as a result of the four-year rule review.

W. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 75, Air Conditioning and Refrigeration program, as a result of the four-year rule review.

X. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 77, Service Contract Providers and Administrators, as a result of the four-year rule review.

Y. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 79, Weather Modification, as a result of the four-year rule review.

Z. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 82, Barbers, as a result of the four-year rule review

AA. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 83, Cosmetologists, as a result of the four-year rule review.

BB. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 87, Used Automotive Parts Recyclers, as a result of the four-year rule review.

CC. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 88, Polygraph Examiners, as a result of the four-year rule review.

DD. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 94, Property Tax Professionals, as a result of the four-year rule review.

EE. Discussion and possible action to approve the Criminal Conviction Guidelines for the Behavioral Analysts program.

FF. Staff Reports

  1. Executive Office
    • Organizational and Personnel changes
    • Sunset Advisory Commission Staff Report on the Texas State Board of Plumbing Examiners
    • Presentations and meetings of Executive Staff:
      • October 30, 2018 – Butterfly Release – State Employee Charitable Campaign
      • November 5, 2018 – Breakthrough Leadership Workshop
      • November 8, 2018 – Meeting with Texas Association of Appraisal Districts on Legislative Issues
      • November 8, 2018 – Veterans Day Program  
      • November 9, 2018 – Transformative Leadership Program Alumni Workshop
      • November 13, 2018 – Meeting with Department of Public Safety – Sunset Recommendations
      • November 16, 2018 – Transformative Leadership Program Panel
      • November 19, 2018 – Executive Women in Texas Government Conference
      • November 28, 2018 – Presentation at Annual Texas Workforce Conference
      • November 28, 2018 – Presentation to the Woodman and Hilltop Units in Gatesville Prison on Occupational Licensing
      • December 4, 2018 – Governor’s Executive Development Program Chief Executive Officer Panel December 5, 2018 – Public Sector Chief Information Officers Academy
      • December 5, 2018 – National Association of Professional Employer Organization – Leadership Council Meeting
      • December 5-7, 2018 – Presentation to Texas State Agency Business Administrators Association Conference
      • December 6, 2018 – National Association of State Contractors Licensing Agencies – Executive Committee Annual Strategic Planning Meeting
      • December 12, 2018 – Sunset Advisory Commission Meeting
      • January 7, 2019 – Midwives Advisory Board Educational Summit
      • January 9, 2019 – Sunset Advisory Commission Meeting
    • Agreed Orders, Default Orders and Cease & Desist Orders
    • Recent accomplishments
  2. Office of Strategic Communication (OSC) & Customer Service Division
    • Current projects
    • Customer Service statistics and trends
    • Social Media key statistics & update
    • Personnel changes
    • Recent accomplishments
  3. Education & Examination Division
    • Update on Recent Cosmetology School Closings
    • Driver, Offender and Safety Education Recent Accomplishments
    •   Driver, Offender and Safety Education Section Activities
    •   Driver, Offender and Safety Education Email Statistics and Trends
    •   Education, Examination and School Services Activities
    •   Education, Examination and School Services Email Statistics and Trends
    •   Education, Examination and School Services Outreach
    •   Education and Examination CE Audits
    •   Statistics and Trends
    • Recent Accomplishments
  4. Enforcement Division
    • Speaking engagements
    • Current projects
    • Statistics and trends
    • Personnel changes
    • Recent accomplishments
  5. Field Inspections
    • Current projects
    • Outreach
    • Statistics and trends
    • Personnel updates
    • Recent accomplishments
  6. Financial Services
    • Status of DIR-DCC Contract
    • Post Payment Audit
    • Auctioneer Education and Recovery Fund
    • Private Beauty Culture School Tuition Protection Account
    • Annual Report of Nonfinancial Data
  7. General Counsel Office
    • Update on rulemaking
    • Update on the status of pending Auctioneer Education Recovery Fund claims
    • Speaking engagements and training
    • Case, collections and open records statistics and trends
    • Motion for Rehearing process
    • Personnel changes
    • Recent accomplishments
  8. Human Resources Office
    • Human Resources statistics and trends
    • Personnel changes
    • Recent accomplishments
  9. Information Technology Division
    • Current activities
    • Speaking engagements
    • Statistics and trends
    • Personnel changes
    • Recent accomplishments
  10. Licensing Division
    • Speaking engagements
    • Statistics and trends
    • Personnel changes
    • Recent accomplishments
  11. Office of Innovation and Project Management
    • Update on Enterprise Project Management Office and Office of Innovation projects
    • Update on Breakthrough Leadership (Survey of Employee Engagement Follow-Up)
    • Update on Trainings and Development Efforts
    • Personnel Changes
    • Recent accomplishments
  12. Regulatory Program Management Division
    • Current projects
      • Business and Consumer Safety Activities
      • Business and Professionals Activities
      • Building and Mechanical Activities
      • Medical and Health Professions Activities
    • Regulatory Program Management statistics

GG. Advisory Board Reports
Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:

  • Texas Property Tax Professionals Advisory Committee – 11/1/18
  • Driver Training and Traffic Safety Advisory Committee – 11/7/18
  • Towing and Storage Advisory Board – 11/14/18
  • Weather Modification – 11/15/18
  • Used Automotive Parts Advisory Board – 12/3/18
  • Electrical Safety and Licensing Advisory Board – 12/4/18
  • Board of Boiler Rules – 12/5/18
  • Behavior Analyst Advisory Board – 12/6/18  
  • Massage Therapy Advisory Board Meeting – 12/17/18
  • Hearing Instrument Fitters and Dispensers Advisory Board Meeting – 1/3/19
  • Midwives Advisory Board Educational Summit and Meeting – 1/7-8/19

HH. Approval of appointments of members to Advisory Boards, including appointment of presiding officers:

  • Advisory Board of Athletic Trainers
  • Behavior Analyst Advisory Board
  • Board of Boiler Rules
  • Code Enforcement Officers Advisory Committee
  • Hearing Instrument Fitters and Dispensers Advisory Board
  • Midwives Advisory Board
  • Orthotists and Prosthetists Advisory Board
  • Property Tax Consultants Advisory Council
  • Registered Sanitarian Advisory Committee
  • Texas Tax Professional Advisory Committee
  • Weather Modification Advisory Committee

II. Discussion of date, time and location of future Commission Meetings

JJ. Adjournment