Texas Commission of Licensing and Regulation Meeting Agenda

June 30, 2020 9:00 a.m.
Videoconference Meeting
Watch the Meeting on YouTube

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. 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., June 29, 2020. TDLR offices will not be open for in-person public comment.

MINUTES

D. Approval of Minutes – Meeting of May 19, 2020

RULES

E. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter B, §111.13; Subchapter C, §111.20 and §111.23; Subchapter D, §111.35 and §111.37; Subchapter E, §§111.41, 111.42, 111.45, and 111.47; Subchapter F, §§111.52, 111.55, and 111.57; Subchapter H, §111.75 and §111.77; Subchapter I, §§111.81, 111.85, and 111.87; Subchapter J, §§111.92, 111.95, and 111.97; Subchapter L, §111.115 and §111.117; Subchapter N, §§111.130 - 111.132; Subchapter P, §§111.150, 111.151, 111.154, and 111.155; Subchapter Q, §111.160; Subchapter R, §111.171; Subchapter T, §111.192; Subchapter U, §111.201; and Subchapter V, §111.212; the proposed new rules at Subchapter M, §§111.120 - 111.125; and Subchapter R, §§111.172 – 111.176; and the proposed repeal of existing rules at Subchapter S, §§111.180 – 111.183; and Subchapter U, §111.200, regarding the Speech-Language Pathologists and Audiologists program. The proposed rules are necessary to implement House Bill (HB) 1899, HB 2059, and HB 2847, Articles 7 and 10, 86th Legislature, Regular Session (2019) and HB 2680, Section 1, 79th Legislature, Regular Session (2005); implement recommended changes from the Licensing Workgroup; and make terminology and other clean-up changes.

F. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter A, §116.2; Subchapter C, §116.20; Subchapter E, §116.40 and §116.42; Subchapter F, §§116.50, 116.51, and 116.53; Subchapter I, §§116.80 - 116.82; Subchapter K, §§116.100, 116.101, 116.104, and 116.105; Subchapter M, §116.120; and Subchapter O, §116.141 and §116.142; the proposed repeal of existing rules at Subchapter C, §116.21; Subchapter D, §116.30; Subchapter J, §116.90; and Subchapter N, §§116.130 – 116.132; and the proposed new rules at Subchapter C, §116.22; and Subchapter M, §§116.121 – 116.123, regarding the Dietitians program. The proposed rules implement HB 2847, Articles 7 and 12,  and HB 2059, 86th Legislature, Regular Session (2019); implement changes recommended by the Dietitians Advisory Board Licensing Workgroup and Department staff, including streamlining the license application and renewal processes and updating various license requirements; and make terminology and other clean-up changes to the rule chapter.

G. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 115, §115.14 and §115.70, regarding the Midwives program, to implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019), which requires human trafficking prevention training for health care practitioners prior to the renewal of a license, and Senate Bill (SB) 1531, 86th Legislature, Regular Session (2019), which removes conviction of a “misdemeanor of moral turpitude or a felony” from the list of items authorizing discipline of a midwife or denial of an application for a midwife license or its renewal.

H. Discussion and possible action on proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 120, §120.26, regarding the Dyslexia Therapy program, to implement House Bill 2059, 86th Legislature, Regular Session (2019), which requires human trafficking prevention training for health care practitioners prior to the renewal of a license.

I. Discussion and possible action on proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 114, §114.40, regarding the Orthotists and Prosthetists program. The proposed amendments are necessary to implement the requirements of House Bill 2059, 86th Legislature, Regular Session (2019), and Texas Occupations Code, Chapter 116, requiring human trafficking prevention training for health care practitioners prior to the renewal of a license. The proposed amendments also amend the rule section’s definition of “licensee” to reflect the definition used throughout Chapter 114 for purposes of clarity and consistency.

J. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 110, §§110.21, 110.23, 110.30, and 110.70, regarding the Athletic Trainers program. The proposed amendments make changes to certain licensing requirements; make clean-up changes; add a non-exclusive list of domains that may be tested on the Texas written examination; change the term of a temporary license; and remove a prohibition on using testimonials in advertising. The proposed amendments include recommendations from a workgroup of the Advisory Board of Athletic Trainers and recommendations from staff.

K. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 62, §§62.10, 62.23, 62.24, and 62.70, regarding the Code Enforcement Officers program. The proposed amendments implement House Bill 2584, 86th Legislature, Regular Session (2019), to authorize a certified code enforcement officer to carry an instrument used specifically for deterring an animal bite while performing official duties and establish training courses, principles, and procedures for the officers.

L. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.100, regarding the Electricians program. The proposed rule is necessary to adopt the 2020 National Electrical Code (NEC), as required by statute. The Texas Electrical Safety and Licensing Act, §1305.101(a), requires the Commission to adopt, every three years, the revised NEC as the electrical code for the state. The current rule references the 2017 edition of the NEC. The 2020 edition of the NEC was approved by the National Fire Protection Association on August 25, 2019.

M. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §§121.10, 121.21, 121.22, 121.26, 121.70, 121.75, and 121.95, regarding the Behavior Analysts program. The proposed amendments implement House Bill (HB) 2059 and HB 2847, Article 7, 86th Legislature, Regular Session (2019). Collectively, these bills address immunity for individuals assisting with complaint investigations and require a training course on human trafficking prevention. The proposed amendments also include recommendations from the Behavior Analyst Advisory Board to revise and expand the professional responsibilities and ethics code of license holders.

N. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 68, §68.100; and new rule §68.104, regarding the Elimination of Architectural Barriers program. The proposed rules update a reference from the “Commission” to the “Department,” as well as the date that defines an existing state building or facility. The proposed rules also implement necessary changes required by House Bill 3163, 86th Legislature, Regular Session (2019).

O. Discussion and possible action on the emergency rulemaking adoption of amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 83, §83.72, Responsibilities of Beauty Culture Schools, regarding the Cosmetology program. This emergency adoption is necessary to correct errors in the previously-amended rule text in order to protect the public health, safety, and welfare. The effective date for these amendments is June 30, 2020.

WORKGROUP REPORTS

P. Commission Work Groups – including update from work groups discussion, and possible action on items discussed

  • Sunset, Strategic Plan, Legislative Appropriations Request Work Group.
    • Update on activities related to TDLR’s Sunset Advisory Commission review
    • Legislative Appropriations Requests and Instructions

STAFF REPORTS

Q. Staff Reports

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

Executive                                                                                                             
Executive Director   

  • Executive Office, Office of General Counsel, Human Resources Division, Office of Strategic Communications, and Office of Project and Transformation Management: 
    • COVID-19 Response
    • Agency Reports, Statistics, and Trends
    • Legislative Appropriation Request, Strategic Plan, Sunset Report 
    • Budget Reductions
    • Current Projects

Administrative Services and Strategic Response
Deputy Executive Director

  • Financial Services Division, Information Technology Division, and Strategic Response Unit:
    • COVID-19 Response
    • Agency Reports, Statistics, and Trends
    • Legislative Appropriation Request, Strategic Plan, Sunset Report 
    • Budget Reductions
    • Current Projects

Licensing Services                                                                                                          
Deputy Executive Director 

  • Customer Service, Education & Examination, and Licensing Divisions:
    • COVID-19 Response
    • Agency Reports, Statistics, and Trends
    • Current Projects

Regulatory Services                                                                                                             
Deputy Executive Director 

  • Enforcement, Field Inspections, and Regulatory Program Management Divisions:
    • COVID-19 Response
    • Agency Reports, Statistics, and Trends
    • Current Projects

NEXT MEETING

R. Agenda items for future Commission Meetings.

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

EXECUTIVE SESSION

T. 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.

U. Action on items discussed in Executive Session.

CONTESTED CASES

V. Contested Cases - consideration and possible action (heard before State Office of Administrative Hearings)

Item Case / Docket Number Respondent
1. COS20190009680 / 452-19-5067.COS Brinda C. Redwine
2. TOW20190011258 / 452-19-6081.TOW Robert A. Lalen, Jr.
3. TOW20190011167 / 452-19-6080.TOW Dalton Dakota Mosley

MOTIONS FOR REHEARING

W. 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. TOW20180008022, TOW20170021041, TOW20180016579, TOW20190001307, TOW20190004916

Gareth Francis, d/b/a Lightning Towing & Recovery,
and Lightning Roadside Assistance, LLC,

d/b/a Lightning Towing & Recovery
2. COS20190016479

Hein Nguyen D/B/A Grand Lux Day Spa

ADJOURNMENT

X. 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 June 30, 2020, public meeting. 

Written comments must submitted to Public.Comments@tdlr.texas.gov no later than 12:00 p.m. the day before the meeting. 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 during the public meeting, please provide your contact information to Public.Comments@tdlr.texas.gov by 12:00 p.m. the day before the meeting.  During the meeting, you will receive an email with a link and a phone number to join the meeting. You will be given no more than three (3) minutes to speak. Ensure that you have a reliable connection and are clearly audible during your call. 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. JUNE 29, 2020.

Email request for Public Comment must include:

  • Agenda Item or Specific Topic
  • Name   
  • Telephone Number and/or Email Address
  • Please indicate whom you are representing, ex., attorney, yourself or other

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