Texas Commission of Licensing and Regulation Meeting Agenda

March 22, 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. Opening comments by New Presiding Officer

C. Roll Call and Certification of Quorum

D. Welcome new Commissioner Joel S. Garza, Jr.

E. 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*

F. 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.

G. Action on items discussed in Executive Session

H. Approval of Minutes – Meeting January 11, 2019

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

Item Case / Docket Number Respondent
1. TOW20180004731 / 452-18-4635.TOW Judith A. Asaf, David L. Asaf d/b/a Alpha Wrecker Service, LLC
2. TOW20180007164 / 452-18-4933.TOW John E. Porter, II d/b/a Elite Towing Service, Inc.
3. VSF20170001645 / 452-18-2872.VSF Arael Martinez, Sr. d/b/a Fusion Collision Center
4. COS20180003923 / 452-19-0317.COS Hoa Van Nguyen
5. TOW20180001387, TOW20180002149, TOW20180006574 / 452-18-3463.TOW Abdellatif Aburamadan and Kasy Aburamadan d/b/a Novel Parking Solution d/b/a Champion Collision Center f/k/a Parking Manangement Company
6. COS20180009438 / 452-18-3576.COS Phuong M. Condon
7. ELE20170021347 / 452-18-4988.ELE Schindler Elevator Corporation
8. ELC20180003418 / 452-18-4566.ELC Jose Delgado
9. ELC20180006097 / 452-18-5246.ELC John Michael Reding
10. ELC20180006410 / 452-18-4173.ELC Timothy Moyers and d/b/a Tim Moyers Electric
11. ELC20180007616 / 452-18-5247.ELC Ben A. Toliver, II
12. HFD20170013135 / 452-18-0362.HFD Luis E. De La Garza

J. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 112, Subchapter F, §§112.50,112.52, and 112.53, regarding the Hearing Instrument Fitters and Dispensers program. The proposed amendments implement House Bill 4007, 85th Legislature, Regular Session (2017) and make other clean-up changes regarding temporary training permits.

K. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code §§115.1, 115.70, 115.100, 115.112 - 115.115, and 115.117 - 115.119; the proposed repeal of existing rules at §115.90 and §115.111; and the proposed new rule at §115.111, regarding the Midwives program. The proposed rules implement House Bill 2886 and House Bill 4007, 85th Legislature, Regular Session (2017), and reorganize, clarify, and update the standard of practice requirements.

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

  • Code Enforcement Officers Advisory Committee
  • Combative Sports Advisory Board
  • Electrical Safety and Licensing Advisory Board
  • Elevator Advisory Board
  • Hearing Instrument Fitters and Dispensers Advisory Board
  • Licensed Breeders Advisory Committee
  • Texas Tax Professional Advisory Committee
  • Towing and Storage Advisory Board
  • Used Automotive Parts Recycling Advisory Board

M. Staff Reports
Briefing from agency staff and discussion:

  1. Executive Office
    • Organizational and Personnel changes
    • Sunset Advisory Commission Staff Report on the Texas State Board of Plumbing Examiners
    • Legislative Update
    • Presentations and meetings of Executive Staff:
      • 1/25/19 - Met with Texas State Board of Plumbing Examiners at Sunset Commission
      • 1/29/19 - House Appropriations Committee Public Hearing
      • 1/31/19 - Fundamentals of the Texas Legislative Process Training Course
      • 1/31/19 – Office of the Governor Briefing - Child Sex Trafficking Team
      • 2/1/19 - Town Hall Meeting
      • 2/4/19 - Senate Finance Committee Hearing
      • 2/5-19 - Governor's State of the State
      • 2/7/19 - Perform Poetry Piece at Labor Trafficking Workshop
      • 2/14/19 - House Appropriations Committee Hearing
      • 2/19/19 - Present at Texas State Association of Electrical Workers Convention
      • 2/19/19 – State Employee Charitable Campaign Awards Ceremony
      • 2/20/19 - House Committee on Public Health Hearing
      • 2/21/19 – Conducted Legislative Hearing Bootcamp
      • 2/22/19 - First Workgroup Meeting with Texas State Board of Plumbing Examiners
      • 2/25/19 - Met with Texas Public Policy Foundation regarding criminal conviction process
      • 2/25/19 - Cost Estimate Teams Kick-Off Meeting
      • 2/26/19 - 2019 Legislative Black Caucus Summit Panel
      • 2/27/19 - House Appropriations – Sub-committee on Articles VI, VII & VIII
      • 3/4/19 – House Appropriations Committee appropriations Information Technology Committee
      • 3/4/19 - Senate State Affairs Committee Hearing
      • 3/4/19 – World Boxing Council Press Conference
      • 3/5/19 - House Licensing and Administrative Procedures Committee Hearing
      • 3/08/19 – New Commissioner Joel Garza Orientation
      • 3/12/19 – House Licensing and Administrative Procedures Committee Hearing
      • 3/12/19 – Senate Business and Commerce Committee Hearing
      • 3/13/19 – House Homeland Security and Public Safety Committee Meeting
      • 3/14/19 – Chairman Figueroa meeting with Directors
      • 3/14/19 - Senate Nomination Committee Hearing
    • Agreed Orders, Default Orders and Cease & Desist Orders
    • Recent accomplishments
  2. Office of Strategic Communication (OSC)
    • Current projects
    • Social Media key statistics and update
    • Personnel changes
    • Recent accomplishments
  3. Customer Service Division
    • Current projects
    • Customer Service statistics and update
    • Personnel changes
    • Recent accomplishments
  4. 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
  5. Enforcement Division
    • Speaking engagement
    • Current projects
    • Statistics and trends
    • Personnel changes
    • Recent accomplishments
  6. Field Inspections Division
    • Current projects
    • Outreach
    • Statistics and trends
    • Recent accomplishments
  7. Financial Services Division
    • Status of DIR-DCC Contract
    • Post Payment Audit
    • Organizational/ Personnel Changes
    • Cost Estimate Teams
  8. 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 update
    • Personnel changes
    • Recent accomplishments
  9. Human Resources Division
    • Human Resources statistics and trends
    • Personnel changes
    • Recent accomplishments
  10. Information Technology Division
    • Current activities
    • Speaking engagements
    • Statistics and trends
    • Personnel changes
    • Recent accomplishments
  11. Licensing Division
    • Speaking engagements
    • Statistics and trends
    • Personnel changes
    • Recent accomplishments
  12. 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
  13. Regulatory Program Management Division
    • Current project
      • Business and Consumer Safety Activities
      • Business and Professionals Activities
      • Building and Mechanical Activities
      • Medical and Health Professions Activities
    • Regulatory Program Management statistics

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

  • 01/14 – Advisory Board of Athletic Trainers
  • 01/18 – Texas Water Well Drillers Advisory Council
  • 01/22 – Architectural Barriers Advisory Committee
  • 01/23 – Property Tax Consultants Advisory Council
  • 02/07 – Hearing Instrument Fitters and Dispensers Advisory Board

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

P. Adjournment