TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

July 27, 2016 - 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).

The meeting will be broadcast on TDLR's YouTube channel 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 contested cases, motions for rehearing, and public comment.

  1. Call to Order
  2. Roll Call and Certification of Quorum
  3. 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, including but not limited to: (a) Ashish Patel et al. v. Texas Department of Licensing and Regulation et al., Cause No. D-1-GN-09-004118, in the 345th Judicial District Court of Travis County, Texas, and (b) Donnika Ivy et al. v. Mike Morath, Texas Commissioner of Education, No. 15-486 in the Supreme Court of the United States.
    2. Advice from the Commission’s attorney on legal matters authorized by 551.071(2).
    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.
  4. Action on items discussed in Executive Session
  5. Approval of Minutes – Meeting of June 22, 2016
  6. Discussion and possible action to:
    • Elect Vice-Chair of Commission
    • Appoint members to Commission workgroups
    • Name Commission/Advisory Board Liaisons
  7. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number BAR20150023440/452-16-2406.BAR; Respondent Lawrence W. Franklin, Jr.
    2. Docket Number VSF20140004016, VSF20140008529, VSF20140010543, VSF20140011656/452-14-4710.VSF; Respondent Pendragon Transportation LLC d/b/a Universal Storage Facility
    3. Docket Number TOW20120003535, TOW20130008162, TOW20130005860, TOW201300013773, TOW20130006111, TOW20130021490, TOW20130022330, TOW20130008210, TOW20140002389, TOW20140008614, VSF20130008792, TOW20140008480, TOW20130023981, VSF20130008251, VSF20130018035, TOW20130008649, VSF20130010825, TOW20130013366, TOW2014002737/452-14-3330.TOW; Respondent Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company, and Universal Storage Facility
    4. Docket Number TOW20140000934, TOW20150012936/452-16-0050.TOW; Respondent Atlas Towing and Storage, LLC d/b/a Towing and Storage
    5. Docket Number ELC20150016645/452-16-0905.ELC; Respondent Jaime Segura
    6. Docket Number ELC20160004350/452-16-2145.ELC; Respondent Leonard E. Denton
    7. Docket Number TOW20160005285/452-16-2058.TOW; Respondent Michael P. Burch
    8. Docket Number ELC20150004166/452-15-5485.ELC; Respondent John Newby d/b/a Newco Electrical Services and d/b/a John Newby Electrical Service
  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:
    1. Docket Number ACR20130010518 and ACR20130006679/452-16-0031.ACR; Respondent Carlos Diaz, Jr.
    2. Docket Number COS20160001050; Respondent Tina Tuyet Huynh d/b/a Family Nail
    3. Docket Number ELC20150016603/452-15-5355.ELC; Respondent Perry Coleman
  9. Discussion and approval of agency’s Legislative Appropriations Request for Fiscal Years 2018-2019
  10. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Agreed Orders, Default Orders and Cease & Desist Orders
      • Recent developments
        • New programs Bill Implementation activities
        • Presentations, Outreach, and Meetings with Constituent Groups
          • West Texas Boiler Safety Assoc. Annual Conference – June 24, 2016
          • Child Sex Trafficking Focus Group, Office of the Governor – June 27, 2016
          • Chairman Wayne Smith, Discussion of Interim Charges for the Licensing and Administrative Procedures Committee – July 7, 2016
          • TDLR Advisory Board Summit – July 18, 2016
          • Southwest Athletic Trainers Association Annual Conference – July 21, 2016
    2. Office of Strategic Communication (OSC)
      • Social Media key statistics & update
    3. Compliance Division
      • Meeting with Code Enforcement Officer association members
      • Training/seminars attended by Division staff
      • Division participation in exam development activities
      • Personnel changes and accomplishments
      • Constituent training provided by Division staff
      • Air Conditioning Contractors Program staff activity related to complaint investigations
      • Compliance statistics and trends
    4. Customer Service Division
      • External Stakeholder’s Visit/Meeting
      • Current projects
      • Update on Contact Center statistics
      • Personnel changes
      • Implementation of new programs
    5. Education & Examination Division
      • Recent accomplishments/current projects
      • Examination statistics
      • Continuing Education course, provider, curriculum statistics
      • School Inspection statistics and trends
      • Implementation of new programs
    6. Enforcement Division
      • Enforcement statistics and trends
      • Implementation of new programs
      • Personnel changes
    7. Field Operations
      • Recent accomplishments
      • Current projects
      • Personnel changes
      • Top Violations
      • Inspection Statistics
    8. Financial Services Division
      • 2018-19 Legislative Appropriations Request
      • Status of DIR-DCC Contract
      • Centralized Accounting and Payroll Personnel (CAPPS) Update
    9. General Counsel Office
      • Update on rulemaking
      • Personnel changes
      • Speaking engagements and training
      • Collections statistics
      • Case statistics
      • Open records statistics
    10. Human Resources Office
      • Update on personnel changes
      • Update on personnel statistics
      • Update on ethics training and active shooter training
    11. Information Technology Division
      • Recent accomplishments
      • Current activities
      • Update on personnel changes
    12. Licensing Division
      • Licensing statistics
      • Recent accomplishments
      • Update on personnel changes
    13. Office of Innovation
      • Update on OI’s strategic planning process assistance
      • Update on learning organization workshops
      • Update on Dept. of Information Resources Business Analytics and Reporting Project
      • Update on Weather Modification Program outreach and DSHS Phase II
  11. Advisory Board Report

    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Driver Training and Traffic Safety Advisory Committee – 07/12/16
  12. 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*
  13. Discussion of date, time and location of future Commission meetings
  14. Adjournment