Texas Commission of Licensing and Regulation Meeting Agenda

September 29, 2020 8:30a.m.
via videoconference

This meeting will take place via videoconference and will be broadcast on TDLR’s YouTube channel: https://www.youtube.com/user/TexasLicensing. 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).

  • Call to Order and Invocation
  • Roll Call and Certification of Quorum

PUBLIC COMMENT

  • 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 the last page of this agenda or located at www.tdlr.texas.gov. Emails must be submitted to the Commission liaison at Public.Comments@tdlr.texas.gov by 12 p.m., September 28, 2020. TDLR offices will not be open for in-person public comment.

COMMISSION ACTION

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

MINUTES

  • Approval of Minutes – Meetings of August 4, 2020 and September 10, 2020

AUDITS

  • Discussion and possible action to approve the Fiscal Year 2020 Annual Internal Audit Report including review of the Fiscal Year 2020 audit and follow-up of prior years’ audits.
  • Discussion and possible action to approve the Fiscal Year 2021 Internal Audit Plan.

RULES

  • Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 65, Subchapter A, §65.2, and Subchapter I, §65.64, regarding the Boilers program. The proposed amendments simplify and clarify the process to apply for extensions of the internal inspection interval for boilers (extensions) in §65.64; add specific conditions under which boiler operators may obtain extensions; and add four new related definitions to §65.2. The proposed rules are necessary to provide clarity and certainty to boiler operators to plan the frequency of internal inspections.
  • Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 83, §83.72, regarding the Cosmetology program. The proposed rule amends §83.72 in a manner identical to the June 30, 2020, emergency rulemaking, and corrects errors in the text of §83.72(w)(9)-(10), reverting the requirements for Beauty Culture Schools offering the esthetician and manicurist curriculum standards to those in place prior to the March 15, 2020, changes to this section.
  • Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners, as a result of the four-year rule review.

CRIMINAL CONVICTIONS/PENALTY MATRICES

  • Discussion and possible action to approve the penalty matrix for the Motor Fuel Metering and Quality program
  • Discussion and possible action to approve the Criminal conviction Guidelines for the Motor Fuel Metering and Quality program

APPOINTMENTS

  • Approval of appointments and or reappointment of members to Advisory Boards, including appointment of presiding officers:

APPOINTMENTS:

  • Air Conditioning and Refrigeration Contractors Advisory Board
  • Auctioneer Advisory Board
  • Combative Sports Advisory Board
  • Advisory Board on Cosmetology
  • Driver Training and Traffic Safety Advisory Committee
  • Licensed Breeder Advisory Committee
  • Property Tax Consultants Advisory Council

REAPPOINTMENTS:

  • Driver Training and Traffic Safety Advisory Committee
  • Property Tax Consultants Advisory Council

STAFF REPORTS

  • 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

SPECIAL RECOGNITION

  • Celebration of Louis G. Ayala’s 90th Birthday and 75 Years as a Barber
  • Celebration of the life of Ms. Frazier, Frazier Barber College
  • Celebration of the life of Juan “Johnny” Garcia of South Texas

EXECUTIVE SESSION

  • Executive Session
  • 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.
  • Advice from the Commission’s attorney on legal matters authorized by Section 551.071(2), Government Code.
  • Under Section 551.089, Government Code, deliberation of security assessments or deployments relating to information resources technology; network security information as described by Section 2059.055(b), Government Code; or the deployment, or specific occasions for implementation, of security personnel,

critical infrastructure, or security devices, including: FY 2020 Texas Cybersecurity Framework (TCF) Assessment of TDLR

  • 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


CONTESTED CASES

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

Item

 Case / Docket Number

Respondent

1.

MAS20180013206 / 452-19-6575.MAS

Margarita Dritsas

2.

TOW20190002499 & TOW20200004456 / 452-20-1302.TOW

Gareth Francis d/b/a Lightning Towing & Recovery

3.

MAS20190015164 / 452-20-1758.MAS

Xin Liu

4.

VSF20190016118 / 452-20-1710.VSF

Christopher S. George

MOTIONS FOR REHEARING

  • 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

 Case / Docket Number

 Respondent

1.

TOW20190016126

Olufunso Balogun

NEXT MEETING

  • Agenda items for future Commission Meetings
  • Discussion of date, time, and location of future Commission Meetings

ADJOURNMENT

  • 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 September 29, 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. September 28, 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.