Texas Commission of Licensing and Regulation Meeting Agenda

July 15, 2019 8:30 a.m.
Twin Towers Office Center
1106 Clayton Lane
1st Floor Public Meeting Room #125E
Austin, Texas

AGENDA

If you are planning to attend this meeting and need auxiliary aids, services or 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, 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 and Invocation

B. Roll Call and Certification of Quorum

C. Moment of Silence for Combative Sports Advisory Board Member - Chris Reed

D. Recognition of service for Commissioners Mike Arismendez and Deborah Yurco

PUBLIC COMMENT

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*

EXECUTIVE SESSION

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

MINUTES

H. Approval of Minutes – Meeting March 22, 2019

CONTESTED CASES

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

Item Case / Docket Number Respondent
1. TOW20180001636, VSF20180002931 / 452-18-1359.TOW Andres Cevallos, III
2. VSF20190001336 / 452-19-0789.VSF Subhi H. Abuhamra d/b/a Body Shop Auto Storage and d/b/a South West Car Zone Auto Storage
3. APR20180004350, APR20180015387 / 452-19-0755.APR Natividad B. Hernandez d/b/a Natividad Salvage Yard
4. BAR20190002761, BAR20190002760 / 452-19-1065.BAR Clarence E. Kelly, Individually and d/b/a Gentlemen's Den
5. ELC20180014170 / 452-19-1459.ELC Brandon J. Taylor Thomas
6. ELC20190002091 / 452-19-0767.ELC Alex Silva
7. TOW20180006831 / 452-19-0331.TOW Jesus E. Rebollosa

MOTIONS FOR REHEARING

J. 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. ELC20180012037 Jessie L. Weimer

RULES

K. Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 57, §§57.1, 57.10, 57.21 - 57.23, 57.25, 57.70 – 57.72, 57.80, and 57.90, regarding the For-Profit Legal Service Contract Companies program. The proposed repeal is necessary to implement Senate Bill 2065 and House Bill 2113, 85th Legislature, Regular Session, 2017, which eliminated the statewide registration requirements and regulation by the Department of for-profit legal service contract companies, administrators, and sales representatives.

L. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter C, §§130.30-130.32; Subchapter D, §130.40 and §§130.42-130.44; Subchapter E, §130.51; Subchapter F, §130.60; and Subchapter G, §130.72; and proposed new rules at Subchapter D, §130.49; Subchapter E, §130.58; Subchapter F, §130.61, and Subchapter G, §130.74, regarding the Podiatric Medicine program. The proposed rules implement a two-year license, voluntary charity care status, and prescription monitoring guidelines; lower annual fees; streamline and clarify certain provisions; provide for the adoption of a penalty matrix; and bring the rules in line with current statutory requirements

CRIMINAL CONVICTION GUIDELINES AND PENALTY MATRIX

M. Discussion and possible action to approve the Criminal Conviction Guidelines for the Laser Hair Removal program.

N. Discussion and possible action to approve the Criminal Conviction Guidelines for the Mold Assessors and Remediators program.

O. Discussion and possible action to approve an update to the Criminal Conviction Guidelines for the Massage Therapy program.

P. Discussion and possible action to approve the Penalty Matrix for the Massage Therapy program.

Q. Discussion and possible action to approve an update to the Penalty Matrix for the Air Conditioning and Refrigeration program.

APPOINTMENTS

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

APPOINTMENTS:

  • Air Conditioning and Refrigeration Contractors Advisory Board
  • Auctioneer Advisory Board
  • Behavior Analyst Advisory Board
  • Code Enforcement Officers Advisory Committee
  • Driver Training and Traffic Safety Advisory Committee
  • Elevator Advisory Board
  • Hearing Instrument Fitters and Dispensers Advisory Board
  • Midwives Advisory Board
  • Texas Water Well Drillers Advisory Council

REAPPOINTMENTS:

  • Air Conditioning and Refrigeration Contractors Advisory Board
  • Elevator Advisory Board
  • Licensed Breeders Advisory Committee
  • Midwives Advisory Board

S. Discussion and possible action to:

  • Appoint Commission/Advisory Board Liaisons
  • Appoint members to Commission Workgroups
    • Audit/Finance Workgroup
    • Bill Implementation Workgroup
    • Human Resources Workgroup
    • Innovation Workgroup
    • Sunset Review, Strategic Plan, and Legislative Appropriation Requests Workgroup

STAFF REPORTS

M. 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

1. Executive Office, Office of General Counsel, Human Resources Division, Office of Strategic Communications and Office of Innovation and Project Management:

  • Legislative Update
  • Agreed Orders, Default Orders and Cease & Desist Orders
  • Social Media Key Statistics and Update
  • Motion for Rehearing/ Open Records/ and Collections Report
  • Update on Rulemaking
  • Current Projects
  • Agency and Division Statistics and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes

REGULATORY AFFAIRS

2. Customer Service Division, Enforcement Division, Field Inspections Division, and Regulatory Program Management Division:

  • Current Projects
  • Division Statistics and Trends
  • Outreach Efforts and Training
  • Organizational/ Personnel Changes
  • Recent Accomplishments

ADMINISTRATIVE SERVICES

3. Financial Services Division, Education & Examination Division, Information Technology Division, and Licensing Division:

  • Cost Payment Audit
  • 86th Legislative Appropriations
  • Status of DIR-DCC Contract
  • Current Projects
  • Division Statistics and Trends
  • Outreach Efforts and Training
  • Organizational/ Personnel Changes
  • Recent accomplishments

NEXT MEETING

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

V. Adjournment