Texas Commission of Licensing and Regulation Meeting Agenda

March 27, 2018 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).

Listen to 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.

  1. Call to Order
  2. Welcome New Commissioner Gary F. Wesson, D.D.S., M.S.
    Recognition of service for Commissioner Ravi Shah
  3. Roll Call and Certification of Quorum
  4. 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*
  5. 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.
    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.
  6. Action on items discussed in Executive Session
  7. Approval of Minutes – Meeting February 20, 2017
  8. Contested Cases - consideration and possible action (heard before SOAH)

    Item

    Docket Number

    Respondent

    1.

    TOW20150016922, TOW20150023260/452-17-1968.TOW

     

    Black Bull Towing, LLC

    2.

    TOW20140005271, TOW20140020797/452-16-0049.TOW

    On Site Towing, LLC

    d/b/a Park Right

    3.

    ACR20170012088, ACR20170002195/452-17-3223.ACR

     

    Torivio Servando Melendez

    4.

    SPA20170008644/452-17-4549.SPA

    Guillermo Willie Ruiz

    5.

    BAR20170019170/452-17-5444.BAR

    Erving Juris Wilburn

    6.

    BAR20170019218/452-17-5734.BAR

    Edward D. Henry, Sr.

    7.

    ELC20170019550/452-17-5120.ELC

    Johnny Lee Spinelli

    8.

    ELC20170020177/452-18-0015.ELC

    Caleb J. Kidd

  9. 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

    Docket Number

    Respondent

    1.

     

    ELC20170018516

    John McGinn

    d/b/a McGinn Electricity

  10. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 73, §§73.10, 73.20, 73.24, 73.25, and 73.80, to implement changes from House Bill 1698, 85th Legislature, Regular Session (2017), regarding the ELECTRICIANS PROGRAM.
  11. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 75, §§75.10, 75.20, 75.21,75.22, 75.23, 75.28, 75.29, 75.30, 75.70, 75.71, 75.73, 75.80, and proposed new rules at 16 TAC, §75.120 - 75.123, to implement changes from House Bill 3029, 85th Legislature, Regular Session (2017), regarding the AIR CONDITIONING AND REFRIGERATION PROGRAM.
  12. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 111, §111.212, regarding the requirement for speech-language pathologists to have an in-person initial contact with clients prior to using telehealth in the SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS PROGRAM.
  13. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 111, Subchapter A, §111.2; Subchapter B, 111.10; Subchapter C, §§111.21 - 111.23; Subchapter D, §§111.30, 111.35, and 111.10; Subchapter C, §§111.21 - 111.23; Subchapter D, §§111.30, 111.35, and 111.37; Subchapter E, §§111.40, 111.45, and 111.47; Subchapter F, §§111.50, 111.55, 111.57; Subchapter H, §§111.70, 111.75, and 111.77; Subchapter I, §§111.80, 111.85, and 111.87; Subchapter J, §§111.90, 111.95, and 111.97; Subchapter L, 111.115 and §111.117, Subchapter O, §111.140; Subchapter P, §111.151 and §111.154; Subchapter Q, §111.160; Subchapter R, §111.171; Subchapter S, §111.180, Subchapter U, 111.200; and Subchapter V, §111.213; the proposed new rules at Subchapter E, §111.41 and §111.42; Subchapter F, §111.51 and §111.52; Subchapter I, §111.81 and §111.82; Subchapter J, §111.91 and §111.92, and Subchapter V, §111.216; and the proposed repeal of existing rules at Subchapter G, §§111.60, 111.65, and 111.66; and Subchapter K §111.100, 111.105, and 111.106, to implement House Bill 4007, 85th Legislature, Regular Session (2017); to make licensing and other clean-up changes; and to update the supervision provisions throughout the chapter, regarding the SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS PROGRAM.
  14. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 112, Subchapter A, §112.2; Subchapter B, 112.10; Subchapter C, §§112.21, 112.22, 112.23, 112.24, and 112.26; Subchapter D, §112.30, 112.32, and 112.33; Subchapter E, §112.40 and §112.42; Subchapter F, §112.50, 112.52, and 112.53; Subchapter H, §112.70; Subchapter I, §112.80; Subchapter J, §112.92 and §112.95; Subchapter L, §112.110; Subchapter M, 112.120; and Subchapter N, §112.130; and the proposed repeal of existing rule Subchapter N, §112.133, to implement changes from the 85th Legislature, Regular Session (2017), and to make clean-up changes, regarding the HEARING INSTRUMENT FITTERS AND DISPENSERS PROGRAM.
  15. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 117, Subchapter A, §117.2; Subchapter C, 117.20; Subchapter E, §117.40; Subchapter F, §§117.50, 117.60, and 117.62; Subchapter G, §117.80 and §117.82; Subchapter J, §117.111; and proposed new rules at 16 TAC, Subchapter B §§117.10 - 117.14, to implement changes from the 85th Legislature, Regular Session (2017), regarding the MASSAGE THERAPY PROGRAM.
  16. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 121, §§121.1, 121.10, 121.20 - 121.27, 121.30, 121.50, 121.65 - 121.70, 121.75, 121.80, 121.90 and 121.95, to implement Senate Bill 589, 85th Legislature, Regular Session (2017), which established the BEHAVIOR ANALYSIS PROGRAM.
  17. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code, Chapter 145, §§145.1 - 145.21, regarding the Sanitarians program to remove duplicate and obsolete rules as a result of Senate Bill 202, 84th Legislature, Regular Session (2015), which transferred the SANITARIANS PROGRAM from the Texas Department of State Health Services to the Commission and the Department.
  18. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code, Chapter 146, §§146.1 - 146.20, regarding the Code Enforcement Officers program to remove duplicate and obsolete rules as a result of Senate Bill 202, 84th Legislature, Regular Session (2015), which transferred the CODE ENFORCEMENT OFFICERS PROGRAM from the Texas Department of State Health Services to the Commission and the Department.
  19. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code, Chapter 147, §§147.1 - 147.55, regarding the Massage Therapy program to remove duplicate and obsolete rules as a result of Senate Bill 202, 84th Legislature, Regular Session (2015), which transferred the MASSAGE THERAPY PROGRAM from the Texas Department of State Health Services to the Commission and the Department.
  20. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code, Chapter 148, §148.2, regarding the Laser Hair Removal program to remove duplicate and obsolete rules as a result of Senate Bill 202, 84th Legislature, Regular Session (2015), which transferred the LASER HAIR REMOVAL PROGRAM from the Texas Department of State Health Services to the Commission and the Department.
  21. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code, Chapter 149, §§149.1 - 149.38, regarding the Mold Assessors and Remediators program to remove duplicate and obsolete rules as a result of Senate Bill 202, 84th Legislature, Regular Session (2015), which transferred the MOLD ASSESSORS AND REMEDIATORS PROGRAM from the Texas Department of State Health Services to the Commission and the Department.
  22. Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code, Chapter 150, §§150.1 - 150.24, regarding the Offender Education Programs for Alcohol and Drug-Related Offenses to remove duplicate and obsolete rules as a result of Senate Bill 202, 84th Legislature, Regular Session (2015), which transferred the OFFENDER EDUCATION PROGRAMS for Alcohol and Drug-Related Offenses from the Texas Department of State Health Services to the Commission and the Department.
  23. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Organizational and Personnel changes
      • Strategic Planning updates
      • Presentations and meetings:
        • Office of Attorney General/Child Support Division – February 23, 2018
        • Executive Leadership for Information Technology Excellence (ELITE) Panel – February 27, 2018
        • National Association of Professional Employer Organizations (NAPEO) – February 28, 2018
        • TDLR Veteran’s Association meeting – March 1, 2018
        • TDLR Town Hall meeting – March 8, 2018
        • Representative Gene Wu meeting – March 9, 2018
        • Midwives Standard of Care Workgroup – March 9, 2018
        • Texas Association for Behavior Analyst Conference – March 10, 2018
        • New Commission Orientation – March 22, 2018
        • Electrical Safety and Licensing Advisory Board Summit – March 22, 2018
        • Agreed Orders, Default Orders and Cease & Desist Orders
    2. Office of Strategic Communication (OSC) & Customer Service Division
      • Customer Service statistics and trends
      • Social Media key statistics & update
      • Current projects
      • Personnel changes
      • Accomplishments
    3. Education & Examination Division
      • Examination statistics
      • Education, Examination and Inspection statistics and trends
      • Speaking engagements
      • Current projects
      • Personnel changes
      • Accomplishments
    4. Enforcement Division
      • Statistics and trends
      • Legislative implementation activities
      • Speaking engagements
      • Current projects
      • Personnel changes
      • Accomplishments
    5. Field Inspections
      • Recent Accomplishments/Current Projects
      • Implementation of New Programs
      • Personnel changes
      • Field Inspection Statistics and Trends
    6. Financial Services
      • Financial Services Activities
      • Status of DIR-DCC Contract
      • 2018 Operating Budget
      • Auctioneer Education and Recovery Fund
    7. General Counsel Office
      • Update on rulemaking
      • Update on the status of pending Auctioneer Education Recovery Fund claims
      • Case, collections and open records statistics and trends
      • Speaking engagements and training
      • Personnel changes
      • Accomplishments
    8. Human Resources Office
      • Human Resources statistics and trends
      • Personnel changes
      • Accomplishments
    9. Information Technology Division
      • Current activities
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    10. Licensing Division
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    11. Office of Innovation
      • Update on Scenario Planning in process
      • Update on General Counsel Consultancy
      • Update on TDLR licensing systems Tulip vs. Versa User Experience
      • Gap analysis in Regulatory Affairs
      • Strategic Planning events
      • Personnel changes
      • Accomplishments
    12. Regulatory Program Management Division
      • Business and Professionals Activities
      • Medical and Health Professions Activities
      • Building and Mechanical Activities
      • Business and Consumer Safety Activities
      • Current projects
      • Personnel changes
      • Accomplishments
  24. Advisory Board Reports
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Property Tax Consultants Advisory Council – 02/22/18
    • Orthotists and Prosthetists Advisory Board – 02/23/18
    • Massage Therapy Advisory Board – 02/26/18
    • Dietitians Advisory Board – 02/27/18
    • Air Conditioning and Refrigeration Advisory Board – 03/05/18
    • Speech-Language Pathologists and Audiologist Advisory Board – 03/06/18
    • Behavior Analyst Advisory Board – 03/16/18
    • Midwives Advisory Board – 03/19/18
    • Hearing Instrument Fitters and Dispensers Advisory Board – 03/21/18
    • Electrical Safety and Licensing Advisory Board – 03/22/18
  25.  Adjournment          

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