Texas Commission of Licensing and Regulation Meeting Agenda

September 25, 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. Recognition of Kay Mahan, Executive Assistant to the Commission for her 29 years of  service to the State of Texas and 21 years of service to the Texas Department of Licensing and Regulation
  5. 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.Action on items discussed in Executive Session
  6. Action on items discussed in Executive Session
  7. Approval of Minutes – Meeting July 20, 2018
  8. Contested Cases - consideration and possible action (heard before SOAH)

    Item

    Docket Number

    Respondent

    1.

    TOW20180002329 / 452-18-2950.TOW

    Capitol Wrecker, LLC

    2.

    TOW20180001636, VSF20180002931 / 452-18-1359.TOW

    Andres Cevallos, III

    3.

    ELC20170017601 / 452-17-4769.ELC

    Rey A. Maldonado

    4.

    ELC20170022868 / 452-18-2870.ELC

    Michael L. Jessup, Jr

    5.

    ELC20180000264 / 452-18-1390.ELC

    Jerod Brent Day

    6.

    ELC20180001784 / 452-18-2871.ELC

    Clinton Edward Graham, Jr.

    7.

    ELC20180005619 / 452-18-2887.ELC

    Christopher C. Whitesall

  9. 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.

    COS20180007507

    Olga Gonzalez dba Olga’s Beauty Salon

    2.

    TOW20170016963

    A & A Wrecker Recovery dba A & A Wrecker

    3.

    TOW 20170012585 and TOW20170004556

    Akram Nasreddine dba Akram N. Inc

    dba Austin Express Towing
  10. Update on the motion for rehearing process
  11. Discussion and possible action to approve the Fiscal Year 2018 Annual Internal Audit Report including review of the Fiscal Year 2018 audit and follow-up of prior years’ audits.

  12. Discussion and possible action to approve the Fiscal Year 2019 Internal Audit Plan
  13. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 74, §74.100 to update references, add ASME A17.1 code changes, and renumber the section accordingly, regarding the ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT.

  14. Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 84, Subchapter E, §84.61 and §84.63, to Implement Senate Bill 848 and House Bill 912, 85th Legislature, Regular Session (2017), to include the option of electronic delivery of uniform certificates of course completion, regarding the DRIVER EDUCATION AND SAFETY program.
  15. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 100, §100.1; and proposed new rules §100.31 and §100.50, to add behavior analysts and podiatrists to the General Provisions for HEALTH-RELATED PROGRAMS.
  16. Discussion and possible action on the proposed REPEAL to existing rules at 16 Texas Administrative Code, Chapter 130, Subchapter A, §§130.1 - 130.13; Subchapter B, §§130.20 - 130.27; Subchapter C, §§130.30 - 130.46; Subchapter D §§130.50 - 130.68; Subchapter E, §§130.70 -130.99; Subchapter F, §§130.100 - 130.106; Subchapter G, §§130.120 - 130.125; Subchapter H §§130.130 -130.134; Subchapter I, §§130.140 – 130.144; Subchapter J, §§130.150 -130.159; Subchapter K, §§130.160 -130.169, and Subchapter L, §§130.170 - 130.172, TO IMPLEMENT THE TRANSFER of the Texas State Board of Podiatric Medical Examiners to the Texas Department of Licensing and Regulation pursuant to House Bill 3078, 85th Legislature, Regular Session (2017), regarding the PODIATRY Program.
  17. Discussion and possible action on the proposed new rules at Subchapter A, §130.1 and §130.2; Subchapter B, §§130.20 - 130.29; Subchapter C, §§130.30 - 130.33; Subchapter D, §§130.40 – 130.48; Subchapter E, §§130.50 - 130.57; Subchapter F, §130.60; Subchapter G, §§130.70 - 130.73, TO IMPLEMENT THE TRANSFER of the Texas State Board of Podiatric Medical Examiners to the Texas Department of Licensing and Regulation pursuant to House Bill 3078, 85th Legislature, Regular Session (2017), regarding the PODIATRY Program.
  18. Discussion and possible action on the proposed new rule at 16 Texas Administrative, Code, Chapter 114, §114.75, adding provisions addressing scope and conditions of practice, regarding the ORTHOTICS AND PROSTHETICS program
  19. Discussion and possible action to approve the Criminal Conviction Guidelines for the PODIATRY program.
  20. Discussion and possible action to approve the Criminal Conviction Guidelines for the MASSAGE THERAPY program
  21. Discussion and possible action on approving the Registered Accessibility Specialist’s Procedures for the new TABS system in the ELIMINATION OF ARCHITECTURAL BARRIERS Program.
  22. Staff Reports
    Briefing from agency staff and discussion:
    1. Executive Office
      • Organizational and Personnel changes
      • TDLR’s Legislative Appropriations Request
      • Presentations and meetings:
        • July 24, 2018 – House Committee on Licensing and Administrative Procedures and House Committee on Business and Industry (Joint Hearing)
        • July 26, 2018 – Texas Transition Alliance Meeting in support of Texas veterans
        • August 1, 2018 – Executive Book Club Meeting
        • August 6, 2018 – Sunset Staff Meeting
        • August 24, 2018 – Joint Budget Hearing (Governor’s Office of Budget and Policy and the Legislative Budget Board)
        • August 28, 2018 – Senate Committee on Business and Commerce Hearing
        • September 5, 2018 – State Employee Charitable Campaign - Governor's Proclamation and Press Conference
      • Agreed Orders, Default Orders and Cease & Desist Orders
        • Update on Sunset Commission’s Recommendation regarding Transfer of:
          • Motorcycle Safety Program
          • All-Terrain Vehicle Safety Program
    2. Office of Strategic Communication (OSC) & Customer Service Division
      • Current projects
      • Customer Service statistics and trends
      • Social Media key statistics & update
      • Personnel changes
      • Recent accomplishments
    3. Education & Examination Division
      • Education, Examination and School Services Section activities
      • Education Liaison
      • Driver, Offender and Safety Education Section activities
      • Statistics and trends
    4. Enforcement Division
      • Legislative implementation activities
      • Speaking engagements
      • Current projects
      • Statistics and trends
      • Personnel changes
      • Recent accomplishments
    5. Field Inspections
      • Implementation of New Programs
      • Statistics and trends
      • Recent accomplishments/Current projects
      • Personnel updates
    6. Financial Services
      • Legislative Appropriations Request
      • Status of DIR-DCC Contract
      • Fiscal Year Conversion Activities
      • Post Payment Audit
      • State Office of Risk Management Assessment
    7. General Counsel Office
      • Update on rulemaking
      • Update on the status of pending Auctioneer Education Recovery Fund claims
      • Speaking engagements and training
      • Case, collections and open records statistics and trends
      • Personnel changes
      • Recent accomplishments
    8. Human Resources Office
      • Human Resources statistics and trends
      • Personnel changes
      • Accomplishments
    9. Information Technology Division
      • Current activities
      • Speaking engagements
      • Statistics and trends
      • Personnel changes
      • Recent accomplishments
    10. Licensing Division
      • Speaking engagements
      • Statistics and trends
      • Personnel changes
      • Recent accomplishments
    11. Office of Innovation
      • Update on EPMO and OI projects
      • Update on Rapid Process Improvements
      • Update on Trainings and Presentations
        • Texas Governing Leadership Forum 2018
      • Personnel changes
      • Recent accomplishments
    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
      • Workload statistics
      • Personnel changes
  23. Advisory Board Reports
    Briefing from staff and discussion on the following advisory board meetings and the subjects discussed and actions taken in the meeting:
    • Podiatric Medical Examiners Advisory Board – 07/23/18
    • Texas Industrialized Building Code Council – 08/03/18
    • Water Well Drillers Advisory Summit – 08/17/18
    • Water Well Drillers Advisory Council – 08/17/18
    • Elevator Advisory Board – 08/22/18
    • Architectural Barriers Advisory Committee – 08/28/18
    • Driver Training and Traffic Safety Advisory Committee -- 08/29/18
    • Orthotists and Prosthetists Public Hearing – 09/06/18
    • Orthotists and Prosthetists Advisory Board Meeting – 09/06/18
  24. Discussion of date, time and location of future Commission Meetings
  25. Adjournment