Texas Commission of Licensing and Regulation Meeting Agenda

July 20, 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. Roll Call and Certification of Quorum
  3. 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*
  4. 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.
  5. Action on items discussed in Executive Session
  6. Approval of Minutes – Meeting May 24, 2018
  7. Contested Cases - consideration and possible action (heard before SOAH)

    Item

    Docket Number

    Respondent

    1.

    VSF20180000777/ 452-18-2917.VSF

    Aviles & Gabes Wrecker Service Inc.

    2.

    ELC20180005235/ 452-18-1837.ELC

    Danny Loya

    3.

    ACR20160015990/ 452-18-1318.ACR

    Thomas D. Walker

    4.

    ELC20180000264/ 452-18-1390.ELC

    Jerod Brent Day

  8. 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.

    COS20180004378

    Sanh Dung Thi Tran d/b/a Texas Nails and Spa

    2.

    VSF20170023929; VSF20180005455; and TOW20180006629

    Barbara A. Carmona d/b/a Rios Towing

    3.

    VSF20170013654

    Andres Cevallos III d/b/a Andy’s Wrecker Service

  9. Discussion and approval of agency’s Legislative Appropriations Request for Fiscal Years 2020-2021
  10. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 65, Subchapter R, §65.607 and §65.611, to make a technical and editorial correction, regarding the BOILERS program
  11. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 78, §§78.58, 78.60, 78.62, 78.64, 78.70, 78.74, 78.80, 78.120, 78.130 and 78.150, regarding the MOLD ASSESSORS AND REMEDIATORS program. The proposed amendments implement House Bill 4007, 85th Legislature, Regular Session (2017); make changes to the records retention policy; and continue to require a mycologist or microbiologist to oversee a mold analysis laboratory
  12. Discussion and possible action on the proposed REPEAL of existing rules at 16 Texas Administrative Code, Chapter 89, §§89.1, 89.10, 89.21 - 89.30, 89.40, 89.45 - 89.48, 89.65 - 89.73, 89.75 - 89.80, 89.90, 89.91, 89.100 - 89.103, to implement Senate Bill 1501 and Senate Bill 2065, 85th Legislature, Regular Session (2017), regarding the VEHICLE BOOTING AND IMMOBILIZATION program.
  13. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 114, §§114.10, 114.20, 114.23, 114.24, 114.25, 114.26, 114.27, 114.28, 114.29, 114.30, 114.40, 114.50, 114.66, 114.67, 114.68, 114.69, 114.80, 114.90; and proposed new §114.75, regarding the ORTHOTICS AND PROSTHETICS program. The proposed rules implement House Bill 4007, 85th Legislature, Regular Session (2017); add provisions addressing scope and conditions of practice; update requirements for accredited facilities, students, and residency programs; and include edits   for clarity, consistency, and accuracy.
  14. Discussion and possible action to approve the Criminal Conviction Guidelines for the REGISTERED SANITARIANS program.
  15. Discussion and possible action to approve the Criminal Conviction Guidelines for the CODE ENFORCEMENT OFFICER program.
  16. Discussion and possible action to approve the Penalty Matrix for the DRIVER TRAINING AND TRAFFIC SAFETY program.
  17. Discussion and possible action on Commission and Department procedures for reviewing and acting on motions for rehearing.
  18. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Organizational and Personnel changes
      • TDLR’s Strategic Plan for Fiscal Years 2019 - 2023
      • Presentations and meetings:
        • May 30, 2018 – Bob Bullock Award Presentation & Executive Dinner
        • June 6, 2018 – Community Education Safety Act Meeting
        • June 11, 2018 – Town Hall Meeting at North Campus
        • June 12, 2018 – Town Hall Meeting at EOT
        • June 15, 2018 – Outreach to Behavior Analyst Advisory Board Members
        • June 20, 2018 – Information Technology Division Meeting
        • June 22, 2018 – State Agency Coordinating Committee Presentation
        • July 17, 2018 – Texas Coordinating Council for Veteran’s Services Meeting
      • 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 and Examination 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
      • Statistics and Trends
      • Implementation of New Programs
      • Accomplishments
      • Personnel changes
      • Current Projects
    6. Financial Services
      • Financial Services Activities
      • Reporting
      • 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
      • Update on TDLR licensing systems Tulip vs. Versa User Experience
      • Gap analysis in Regulatory Affairs
      • 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
  19. Advisory Board Reports
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Hearing Instrument Fitters and Dispensers Advisory Board – 05/30/18
    • Weather Modification Advisory Committee – 06/05/18
    • Orthotists and Prosthetists Advisory Board – 06/11/18
    • Dyslexia Advisory Committee – 06/18/18
    • Towing and Storage Advisory Board – 06/18/18
    • Architectural Barriers Advisory Committee – 06/26/18
    • Board of Boiler Rules – 07/13/18
    • Advisory Board of Athletic Trainers – 07/16/18
    • Massage Therapy Advisory Board – 07/17/18
  20. Discussion of date, time and location of future Commission Meetings
  21. Adjournment