TEXAS COMMISSION OF LICENSING AND REGULATION AGENDA

August 18, 2017 - 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 processes.

  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: Texas Commission of Licensing and Regulation and Texas Department of Licensing and Regulation vs. Merlin Transport, Inc. d/b/a Merlin Transport Corporation d/b/a Excalibur Towing Company; Cause No. D-1-GN-16-005371, in the District Court of Travis County, Texas, 98th Judicial District; Texas Department of Licensing and Regulation v. Michael Chase Corley and Big Lou’s Lionheart Promotions, Cause No. D-1-GN-17-000294, in the 201st District Court of Travis County.
    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 16, 2017
  6. Contested Cases - consideration and possible action (heard before SOAH)
    1. Docket Number COS20160026915/452-17-3369.COS; Respondent That Van Huynh d/b/a Regal Nails
    2. Docket Number ELC20170003673/452-17-2356.ELC; Respondent Willie Deason
    3. Docket Number ELC20160023207/452-17-1836.ELC; Respondent Joshua Lira
    4. Docket Number ELC20170000727/452-17-2248.ELC; Respondent Raymond Lee Mabry
    5. Docket Number ELC20170003810/452-17-2709.ELC; Respondent Angel Rutiaga
    6. Docket Number TOW20160025389/452-17-2362.TOW; Respondent Steven W. Hutchinson
    7. Docket Number ELC20170007445/452-17-3527.ELC; Respondent Gilbert G. Sanchez
    8. Docket Number TOW20170006431/452-17-2860.TOW; Respondent Benjamin S. Henderson
  7. 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 COS20170008691; Respondent Adriana Gutierrez dba Elaina’s Beauty Salon
    2. Docket Number COS20170009011; Respondent John Trimble d/b/a M Spa
    3. Docket Number COS20170011325; Respondent Thao Nguyen d/b/a EZ Nails
    4. Docket Number EAB20170012306; Respondent Hawkins-Khoh Partners LLC
    5. Docket Number ELE20170011936; Respondent GP Hotel Dallas LLC
    6. Docket Number ELE20150019128; Respondent William D. Abraham
  8. Overview and possible discussion of Phase II rule implementation for Senate Bill 202, 84th Legislature, Regular Session (2015); which transferred six programs from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation.
  9. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 90, Subchapter A, §90.1, §90.10; Subchapter B, §§90.20 - 90.27; Subchapter C, §§90.30 - 90.34; Subchapter D, §§90.40 - 90.49; Subchapter E, §§90.50 - 90.54; Subchapter F, §90.80; and Subchapter G, §§90.90 - 90.94, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the OFFENDER EDUCATION programs from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation.
  10. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 78, §§78.1, 78.10, 78.20 - 78.22, 78.24, 78.25, 78.30, 78.40, 78.50, 78.52, 78.54, 78.56, 78.58, 78.60, 78.62, 78.64, 78.66, 78.68, 78.70, 78.72, 78.74, 78.80, 78.85, 78.90, 78.92, 78.100, 78.110, 78.120, 78.130, 78.140 and 78.150, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the MOLD ASSESSORS and REMEDIATORS program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation.
  11. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter A, §117.1 and §117.2; Subchapter C, §§117.20 - 117.24; Subchapter D, §§117.30 - 117.34; Subchapter E, §117.40 and §117.41; Subchapter F, §§117.50 - 117.68; Subchapter G, §117.80 - 117.85; Subchapter H, §§117.90 - 117.93; Subchapter I, §117.100; Subchapter J, §§117.110 - 117.112, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the MASSAGE THERAPY program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation.
  12. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 118, §§118.1 - 118.3, 118.10, 118.20, 118.30 - 118.35, 118.40, 118.50, 118.60, 118.61, 118.70, 118.71, 118.80, 118.90, 118.91, 118.100 and 118.110, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the LASER HAIR REMOVAL program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation.
  13. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 62, §§62.1, 62.10, 62.20 - 62.25, 62.30, 62.65, 62.70 - 62.72, 62.80, 62.90 and 62.91, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the CODE ENFORCEMENT OFFICERS program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation.
  14. Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 119, §§119.1 - 119.3, 119.10 - 119.15, 119.20, 119.21, 119.23, 119.24, 119.26, 119.27, 119.70, 119.80, 119.90 and 119.95, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the SANITARIANS program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation.
  15. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 73, §73.100. The proposed amendments adopt the 2017 National Electrical Code as approved by the National Fire Protection Association, regarding the Electricians program.
  16. Discussion and possible action on the proposed rule amendments to an existing rule at 16 Texas Administrative Code, Chapter 75, §75.110. The proposed amendments adopt the 2015 edition of the Uniform Mechanical Code, International Mechanical Code, International Residential Code, and other applicable codes, regarding the Air Conditioning and Refrigeration program.
  17. Discussion and possible approval of the Penalty Matrix for the Speech-Language Pathologists and Audiologists program
  18. Discussion and possible approval of the Penalty Matrix for the Hearing Instrument Fitters and Dispensers program
  19. Approval of appointments of members to Advisory Board, including appointment of presiding officers:
    • Air Conditioning and Refrigeration Contractors Advisory Board
    • Elevator Advisory Board
    • Licensed Breeders Advisory Committee
    • Midwives Advisory Board
    • Texas Tax Professional Advisory Committee
  20. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • 85th Regular and Special Session Legislative update
      • Bill Implementation Overview
      • Overview of Commission Portal
      • Texas Hearing Aid Assoc. Annual Convention – June 23, 2017
      • Texas Industrial Vocational Assoc. Conference – July 17, 2017
      • 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. Compliance Division
      • Division staff attendance at Association events
      • Compliance staff support for examination review
      • Staff support for bill implementation teams
      • Advisory Board support
      • Statistics and trends
        • Elevator Plan Review statistics
      • Implementation of new programs
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    4. Education & Examination Division
      • Examination statistics
      • Education, Examination and Inspection statistics and trends
      • Current projects
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    5. Enforcement Division
      • Statistics and trends
      • Speaking engagements
      • Legislative implementation activities
      • Current projects
      • Personnel changes
      • Accomplishments
    6. Field Operations
      • New Technology – Mobile Inspection
      • Implementation of New Programs
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    7. Financial Services
      • Status of DIR-DCC Contract
      • 2018-19 Legislative Appropriations
      • Combative Sports Mega Events
    8. General Counsel Office
      • Update on rulemaking
      • Internal Audit contract solicitation
      • Case, collections and open records statistics and trends
      • Speaking engagements and training
      • Personnel changes
      • Accomplishments
    9. Human Resources Office
      • Human Resources statistics and trends
      • Personnel changes
      • Accomplishments
    10. Information Technology Division
      • Current activities
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    11. Licensing Division
      • Statistics and trends
      • Speaking engagements
      • Personnel changes
      • Accomplishments
    12. Office of Innovation
      • Update on Scenario Planning in process
      • Update on DSHS
      • Update on Voice of the Customer
      • Update on Versa reporting
      • Personnel changes
      • Accomplishments
  21. Advisory Board Report
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Texas Industrialized Building Code Council – 06/23/17
    • Advisory Board on Barbering – 06/26/17
    • Advisory Board on Cosmetology – 06/26/17
    • Speech-Language Pathologists and Audiologists Advisory Board – 06/30/17
    • Electrical Safety and Licensing Advisory Board – 07/07/17
    • Driver Training and Traffic Safety Advisory Committee – 07/12/17
    • Towing, Storage and Booting Advisory Board – 07/14/17
    • Water Well Drillers Advisory Council – 07/17/17
    • Advisory Board of Athletic Trainers – 07/19/17
    • Orthotists and Prosthetists Advisory Board – 07/21/17
    • Air Conditioning and Refrigeration Contractors Advisory Board – 07/25/17
    • Hearing Instrument Fitters and Dispensers Advisory Board – 07/26/17
    • Dyslexia Therapists and Practitioners Advisory Committee – 08/08/17
  22. 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*
  23. Discussion of date, time and location of future Commission Meetings
  24. Adjournment