Texas Commission of Licensing and Regulation Meeting Agenda

May 24, 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).

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.

  1. Call to Order
  2. Welcome New Commissioner Gerald R. Callas, M.D., F.A.S.A.
  3. Recognition of Commissioners Catherine Rodewald and Ravi Shah for their service to the State of Texas and the Texas Department of Licensing and Regulation
  4. Roll Call and Certification of Quorum
  5. 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*
  6. 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.
  7. Action on items discussed in Executive Session
  8. Approval of Minutes – Meeting March 27, 2018
  9. Contested Cases - consideration and possible action (heard before SOAH)

    Item

    Docket Number

    Respondent

    1.

    AUC20170008825 / 452-17-5486.AUC

    Avi Asher

    2.

    ACR20160025884 / 452-17-5265.ACR

    George S. Saleh d/b/a Royal Air

    3.

    ACR20170019859 / 452-18-0364.ACR

    Sean Michael Gates

    4.

    BAR20170012077 / 452-18-0532.BAR

    John R. Gaona

    5.

    TOW20150023260, TOW20150016922 / 452-17-1968.TOW

    Black Bull Towing, LLC

    6.

    ELC20170019550 / 452-17-5120.ELC

    Johnny Lee Spinelli

    7.

    TOW20170013432 / 452-18-0201.TOW

    Ernesto E. Merlos

    8.

    ELC20160024697 / 452-17-5893.ELC

    Arcadio F. Ramos d/b/a Ramos Electric

  10. 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.

    BAR20170019218

    Edward D. Henry Sr.

    2.

    BAR20170023697

    David Derry

    3.

    BAR20180003764

    Christopher Small

    4.

    COS20170012944

    Hieu D. Luu

    5.

    ELC20170005126

    Jorge Alberto Rojas

    6.

    SPA20170008644

    Guillermo Willie Ruiz

    7.

    TOW20180003869 & VSF20180003874

    David L. Miller, Sr., Individually and d/b/a Miller’s Wrecker Service

  11. Introduction of the Internal Auditor
  12. Discussion and possible action to approve the Internal Audit Charter
  13. Discussion and possible action to approve the Fiscal Year 2018 Internal Audit Plan
  14. Discussion and approval of agency’s Strategic Plan for Fiscal Years 2019-2023
  15. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 74, §74.50, and §74.60, to make an EDITORIAL CORRECTION AND IMPLEMENT CHANGES from a 2016 internal audit, regarding the ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT program.
  16. Discussion and possible action on the proposed new rule at 16 Texas Administrative Code, Chapter 77, §77.26, and the proposed amendments to existing rules at 16 TAC Chapter 77, §77.10, and §77.70, to IMPLEMENT SENATE BILL 1199, 85th Legislature, Regular Session (2017), which details requirements for deprecation benefits optional member program, regarding the SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS PROGRAM.
  17. Discussion and possible action on the proposed new rule at 16 Texas Administrative Code, Chapter 84, Subchapter C, §84.48; proposed
    amendments at Subchapter D, §84.51; Subchapter M, §§84.500, 84.502 and 84.503; and Subchapter N, §84.600, to IMPLEMENT SENATE BILL 30 and SENATE BILL 1051, 85th Legislature, Regular Session (2017), regarding the DRIVER EDUCATION AND SAFETY PROGRAM.
  18. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 110, §§110.14, 110.20,
    110.21, 110.23, 110.25, 110.30, 110.80, 110.90 and 110.95; PROPOSED NEW §110.1 and §110.10; and PROPOSED REPEAL of existing §110.1 and §110.19, to IMPLEMENT HOUSE BILL 4007, 85th Legislature, Regular Session (2017), regarding the ATHLETIC TRAINERS program.
  19. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 116, Subchapter A, §116.2;
    Subchapter C, §116.20; Subchapter D, §116.30; Subchapter E, §116.40, and §116.44; Subchapter F, §116.50; Subchapter I, §116.80, §116.83; Subchapter J, §116.91; Subchapter K, §§116.100, 116.101, 116.103 - 116.105; Subchapter L, §116.110; Subchapter M, §116.120; Subchapter N, §116.130; Subchapter O, §116.142; and the proposed repeal of existing rules Subchapter E, §116.41 and §116.43; Subchapter G, §§116.60 - 116.65; and Subchapter H, §116.70, to IMPLEMENT CHANGES FROM HOUSE BILL 4007, 85th Legislature, Regular Session (2017), which eliminates unnecessary and outdated rules regarding the required preplanned professional experience programs and internships to reflect current industry practice; and makes clean-up changes to the current rules identified by Department staff, regarding the DIETITIANS program.
  20. Report on the Methods and Assistance Program (MAP) 2017 Reviews
  21. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Organizational and Personnel changes
      • Strategic Planning updates
      • Presentations and meetings:
        • March 28 & 29, 2018 - Internal Face-to-Face Strategic Planning Sessions
        • April 5, 2018 - External Strategic Planning Sessions with Public Policy Experts & Professional Association Executive Directors
        • April 9, 2018 - External Strategic Planning Sessions in Arlington
        • April 11, 2018 - Texas Accessibility Academy
        • April 11, 2018 - Get Fit Awards
        • April 11, 2018 - Met with City of San Antonio Fire Chief Charles Hood
        • April 16, 2018 - External Strategic Planning Sessions in Houston
        • April 18, 2018 - Texas Administrators of Continuing Education Conference
        • April 20, 2018 - Texas Professional Driver Education Association Conference
        • April 23, 2018 - External Strategic Planning Sessions in Austin
        • April 25, 2018 - Sunset Commission Public Hearing
        • April 26, 2018 - Governor’s Committee on People with Disabilities
        • April 27, 2018 - Texas Fiscal Officers Academy
        • May 3, 2018 - Texas Association of Appraisal Districts
        • May 14, 2018 - Executive Masters in Public Leadership
        • May 15 & 16, 2018 - New Commissioner Orientation
        • May 21, 2018 - Advisory Boards on Barbering and Cosmetology
        • 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
      • Rider 3 – Boiler Special Inspections
      • Base Reconciliation
      • Personnel Changes
    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 TDLR licensing systems Tulip vs. Versa User Experience
      • Gap analysis in Regulatory Affairs
      • Strategic Planning events
      • Personnel changes
      • Accomplishments
      • Training
    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
      • Personnel changes
      • Accomplishments
  22. Advisory Board Reports
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Towing and Storage Advisory Board – 04/10/18
    • Combative Sports Advisory Board – 04/20/18
    • Advisory Board on Athletic Trainers – 04/23/18
    • Board of Boiler Rules – 04/24/18
    • Elevator Advisory Board – 05/01/18
    • Dietitians Advisory Board – 05/03/18
    • Licensed Breeders Advisory Committee – 05/07/18
    • Registered Sanitarians Advisory Committee – 05/08/18
    • Driver Training and Traffic Safety Advisory Committee – 05/09/18
    • Code Enforcement Officers Advisory Board – 05/10/18
    • Midwives Advisory Board – 05/14/18
    • Advisory Board on Barbering – 05/21/18
    • Advisory Board on Cosmetology – 05/21/18
    • Used Automotive Parts Recycling Advisory Board – 05/23/18
  23. Discussion of date, time and location of future Commission Meetings
  24. Adjournment