Texas Commission of Licensing and Regulation Meeting Agenda

Videoconference Meeting
COMMISSION MEETING AGENDA
August 4, 2020 9:00 a.m.

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 at www.tdlr.texas.gov . 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

C. Moment of Silence for former Combative Sports Program Manager – Dickie Cole

PUBLIC COMMENT

D. 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 this agenda. Emails must be submitted to the Commission liaison at Public.Comments@tdlr.texas.gov by 12 p.m., August 3, 2020. TDLR offices will not be open for in-person public comment.

MINUTES

E. Approval of Minutes – Meeting of June 30, 2020

F. Discussion and possible action to authorize that Commissioners’ electronic signatures be placed on written orders and decisions resulting from today’s meeting.

RULES

G. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 84, Subchapter A, §84.1 and §84.2; Subchapter C, §§84.40 – 84.42 and §§84.44 – 84.46; Subchapter D, §84.51 and §84.52; Subchapter E, §§84.60, 84.62, and 84.64; Subchapter F, §84.70 and §84.72; Subchapter G, §§84.80 – 84.82 and 84.84; Subchapter H, §84.90; Subchapter J, §84.200; Subchapter K, §§84.300 – 84.302; Subchapter M, §§84.500 – 84.506; and Subchapter N, §84.600; proposed new rules at Subchapter C, §84.43; Subchapter G, §84.85; Subchapter I, §84.103; Subchapter M, §84.507; and Subchapter N, §84.601; and the proposed repeal of existing rules at Subchapter C, §84.43; and Subchapter N, §84.601 regarding the Driver Education and Safety Program (DES). The proposed rules are necessary to implement three separate rulemaking initiatives: (1) implement House Bill (HB) 2847, Article 2, 86th Legislature, Regular Session (2019); (2) address the need to update course curriculum requirements to complete the second phase of the Department’s reorganization and clarification of the rules, following the transfer of the DES program to the Department in 2015; and (3) implement recommendations of the DES Fees and Curriculum Workgroups pertaining to reducing program fees and course curriculum changes.

H. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 97, Subchapter A, §§97.1, 97.2 and 97.3; Subchapter B, §§97.20, 97.21, 97.22, 97.23, 97.24, 97.25, 97.26, 97.27, and 97.28; Subchapter C, §§97.40, 97.41, 97.42, and 97.43; Subchapter D, §§97.50, 97.51, 97.52, 97.53, 97.54, 97.55, 97.56, 97.57, 97.58, 97.59, and 97.60; Subchapter E, §§97.70, 97.71, 97.72, 97.73, and 97.74; and Subchapter F, §97.80, regarding the Motor Fuel Metering and Quality program. The proposed new rules are necessary to implement Senate Bill 2119, 86th Legislature, Regular Session (2019), effective September 1, 2020, which transfers the Motor Fuel Metering and Quality Program from the Texas Department of Agriculture to the Texas Department of Licensing and Regulation, and which, creates new Texas Occupations Code, Chapter 2310, Motor Fuel Metering and Quality.

I. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 98, §§98.1, 98.10, 98.20 - 98.23, 98.25 - 98.27, 98.30, 98.40, 98.50, 98.60, 98.65 - 98.70, 98.72, 98.74, 98.76, 98.80, 98.90, 98.92, 98.100, 98.102, 98.104, 98.106, 98.108, 98.110, 98.112, and 98.114, regarding the Motorcycle Operator Training and Safety program. The proposed new rules implement Senate Bill 616, Article 8, 86th Legislature, Regular Session (2019), which transfers the Motorcycle Operator Training and Safety program from the Texas Department of Public Safety to the Texas Department of Licensing and Regulation.

J. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 99, §§99.1, 99.10, 99.20, 99.22, 99.24, 99.26, 99.30, 99.90, 99.92, 99.100, and 99.102, regarding the Off-Highway Vehicle Operator Education and Certification program. The proposed new rules implement Senate Bill 616, Article 8, 86th Legislature, Regular Session (2019), which transfers the Off-Highway Vehicle Operator Education and Certification program from the Texas Department of Public Safety to the Texas Department of Licensing and Regulation.

K. Discussion and possible action on the proposed amendmentsto existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter B, §112.13; Subchapter C, §§112.23 - 112.26; Subchapter D, §§112.30, 112.32, and 112.33; Subchapter E, §112.40 and §112.42; Subchapter F, §112.52 and §112.53; Subchapter G, §112.60 and §112.61; Subchapter H, §112.71; Subchapter J, §112.91 and §112.98; Subchapter L, §112.110; and Subchapter M, §112.120; the proposed new rules at Subchapter C, §112.21 and §112.22; and Subchapter M, §§112.121 – 112.125; and the proposed repeal of existing rules at Subchapter C, §112.21 and §112.22; and Subchapter N, §§112.130-112.132 and 112.134, regarding the Hearing Instrument Fitters and Dispensers program. The proposed rules implement House Bill (HB) 1899, HB 2059, HB 2699, and HB 2847, Article 7, 86th Legislature, Regular Session (2019); clarify the submission of surety bonds or other financial security to the Department; address the permit extension requirements; and make terminology and other clean-up changes. 

CRIMINAL CONVICTIONS/PENALTY MATRICES

L. Discussion and possible action to approve the penalty matrix for the Sanitarians program

WORKGROUP REPORTS

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

  • Sunset, Strategic Plan, Legislative Appropriations Request Work Group

STAFF REPORTS

N. Staff Reports

  • Briefing from agency staff on monthly activities, statistical data, personnel changes, communications and public outreach. May include discussion of the following topics:
  • COVID-19 Response
  • Agency Reports, Statistics, and Trends
  • Legislative Appropriation Request, Strategic Plan, Sunset Report
  • Budget Reductions
  • Current Projects

NEXT MEETING

O. Agenda items for future Commission Meetings

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

EXECUTIVE SESSION

Q. 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.

R. Action on items discussed in Executive Session

CONTESTED CASES

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

Item Case / Docket Number Respondent
1. TOW20190003340 / 452-20-1172.TOW Chad Joshua Beaird
2. TOW20190011167 / 452-19-6080.TOW Dalton Dakota Mosley
3. ELC20200000565 / 452-20-0999.ELC Jeremy M. Brizendine
4. ELC20190012228 / 452.20.0856.ELC Bradley Spencer
5. MAS20190015164 / 452-20-1758.MAS Xin Liu
6. BAR20190013563 / 452-20-1030.BAR Shaun Michael Lee

 

ADJOURNMENT

T. 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 August 4, 2020, public meeting.

Written comments must be submitted to Public.Comments@tdlr.texas.gov no later than 12:00 p.m. the day before the meeting. Written 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 by telephone during the public meeting, please provide your phone contact information to Public.Comments@tdlr.texas.gov by 12:00 p.m. the day before the meeting. During the meeting, you will be called at the phone number you provide. You will be given up to three (3) minutes to speak. The meeting chairperson may reduce the time provided for public comments based on the number of requests received. Ensure that you have a reliable connection and are clearly audible during your call. If you do not answer when TDLR staff calls you, you will not have another chance to provide public comment during this meeting.

**Please email your public comment request to Public.Comments@tdlr.texas.gov **

DEADLINE FOR PUBLIC COMMENT REQUEST IS 12 p.m. August 3, 2020.


Email request for Public Comment must include:

  • Agenda Item or Specific Topic
  • Name
  • Telephone Number
  • 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.