Texas Commission of Licensing and Regulation Meeting Agenda

Videoconference Meeting
COMMISSION MEETING AGENDA
March 3, 2021 8:30 a.m.

This meeting will take place via videoconference and will be broadcast on TDLR’s YouTube channel. 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, E-MAIL: open.meetings@tdlr.texas.gov , TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

A. Call to Order and Invocation

B. Roll Call and Certification of Quorum

PUBLIC COMMENT

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

Any person wishing to address the Commission 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., March 2, 2021. TDLR offices will not be open for in-person public comment.

COMMISSION ACTION

D. Discussion and possible action to authorize that Commissioners’ electronic signatures be placed on written orders and decisions resulting from today’s meeting.

MINUTES

E. Approval of Minutes – Meeting of January 19, 2021

EXECUTIVE SESSION

F. Executive Session

  • 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.

G. Action on items discussed in Executive Session

CONTESTED CASES

H. 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

Item Case / Docket Number Respondent
1 BAR20190003216 / 452-20-0888.BAR Brandon Allen
2 ELC20190016427 / 452-20-4030.ELC Ali Etebari
3 SPA20200002609 / 452-20-4091.SPA Alison Elizabeth Kolojaco
4 MAS20200008011 / 452-20-4085.MAS Sharon A. Blackwell
5 MAS20190009471 / 452-20-4662.MAS Brian Curtis Beckvold
6 MAS20200007441 / 452-21-0494.MAS Darryl Glen Johnson
7 BAR20190013885 / 452-20-4110.BAR Timothy Wayne Williams
8 ACR20190010718 / 452-20-2363.ACR Isaias Ybarra

RULES

I. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 67, §67.20, regarding the Auctioneers program. The proposed rule implements necessary changes required by Senate Bill (SB) 1531, 86th Legislature, Regular Session (2019), which amends §67.20 by removing the restriction which prevents an applicant with a felony conviction during the five years prior to application from being licensed as an auctioneer.

J. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, §§117.20, 117.24, 117.30, 117.31, 117.64, 117.82, 117.90, 117.91, and 117.92; and proposed new rule at §117.35 regarding the Massage Therapy program. The proposed rules implement House Bill 2059, 86th Legislature, Regular Session (2019), which requires completion of a human trafficking course. The proposed rules also address continuing education, procedures related to breast massage of a female client, and make additional clean up and clarification changes.

K. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter E, §130.59; and proposed repeal of an existing rule at Subchapter G, §130.74, regarding the Podiatry program. The proposed rules implement House Bill 2174, 86th Legislature, Regular Session (2019), by establishing a procedure for the Department to issue waivers of the requirement for controlled substance prescriptions to be issued electronically, and repeal the rule adopting a penalty matrix.

L. Discussion and possible extension of the previously adopted emergency new rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter C, §60.351, Expiration of Certain Licenses During the COVID-19 Pandemic , regarding the expiration of licenses issued by the Texas Department of Licensing and Regulation (Department). The expiration date for this emergency rule is March 22, 2021.

M. Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 76, Water Well Drillers and Water Well Pump Installers; Chapter 84, Driver Education and Safety; Chapter 85, Vehicle Storage Facilities; Chapter 86, Vehicle Towing and Booting; Chapter 100, General Provisions for Health-Related Programs; Chapter 110, Athletic Trainers; Chapter 111, Speech-Language Pathologists and Audiologists; Chapter 112, Hearing Instrument Fitters and Dispensers; Chapter 114, Orthotists and Prosthetists; Chapter 115, Midwives; and Chapter 116, Dietitians, as a result of the four-year rule review.

APPOINTMENTS

N. Approval of appointments and or reappointment of members to Advisory Boards, including appointment of presiding officers:

APPOINTMENTS:

  • Architectural Barriers Advisory Committee
  • Advisory Board of Athletic Trainers
  • Behavior Analyst Advisory Board
  • Board of Boiler Rules
  • Code Enforcement Officers Advisory Committee
  • Combative Sports Advisory Board
  • Driver Training and Traffic Safety Advisory Committee
  • Hearing Instrument Fitters and Dispensers Advisory Board
  • Registered Sanitarian Advisory Committee

REAPPOINTMENTS:

  • Air Conditioning and Refrigeration Contractors Advisory Board
  • Behavior Analyst Advisory Board
  • Board of Boiler Rules
  • Code Enforcement Officers Advisory Committee
  • Driver Training and Traffic Safety Advisory Committee
  • Dyslexia Therapists and Practitioners Advisory Committee
  • Electrical Safety and Licensing Advisory Board
  • Hearing Instrument Fitters and Dispensers Advisory Board
  • Licensed Breeders Advisory Committee
  • Midwives Advisory Board
  • Orthotists and Prosthetists Advisory Board
  • Registered Sanitarian Advisory Committee
  • Texas Tax Professional Advisory Committee
  • Towing and Storage Advisory Board
  • Used Automotive Parts Recycling Advisory Board
  • Weather Modification Advisory Committee

PRESIDING OFFICER APPOINTMENTS:

  • Hearing Instrument Fitters and Dispensers Advisory Board
  • Orthotists and Prosthetists Advisory Board

PRESIDING OFFICER REAPPOINTMENTS:

  • Speech Language Pathologists and Audiologists Advisory Board
  • Used Automotive Parts and Recycling Advisory Board

STAFF REPORTS

O. Staff Reports

Briefing from agency staff on monthly activities, statistical data, personnel changes, communications and public outreach. May include discussion of the following topics:

  • Legislative Update
  • COVID-19 Response Update
  • Agency Reports, Statistics, and Trends
  • HUB Report Update and Mentor Protégé Program
  • Update on any delays, changes, and improvements in TDLR’s licensing process
  • Updates on TDLR’s response to winter events
  • Update on Issuing Emergency Licenses
  • Update on proposed rule amendment to reduce the fee to obtain a criminal history evaluation letter

NEXT MEETING

P. Agenda items for future Commission Meetings

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

ADJOURNMENT

R. Adjournment


TEXAS COMMISSION OF LICENSING AND REGULATION

Online Public Comment Instructions

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 March 3, 2021, public meeting.

  • Written comments must be submitted to Public.Comments@tdlr.texas.gov no later than 12:00 p.m. March 2, 2021.
    • Written comments will be provided to Commission members for review prior to the meeting but will not be read aloud during the public meeting.

If you wish to address the Commission by telephone during the public meeting, please provide:

  • your contact information to Public.Comments@tdlr.texas.gov by 12:00 p.m. March 2, 2021.
    • You will receive an email invitation to join the meeting.
      • You may join the meeting via computer or telephone but you must join the meeting no later than 8:30 am
      • After 8:30 a.m. you may submit a written comment but you will not be permitted to the meeting
      • You may be required to download software to join the meeting, test your connect early to be sure you can connect to the meeting
    • You will be given up to three (3) minutes to speak.
  • Requests Public Comment must include:
    • Agenda Item or Specific Topic
    • Name
    • Email and Phone Number
    • Please indicate whom you are representing, ex., attorney, yourself or other

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. March 2, 2021.


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