Texas Commission of Licensing and Regulation Meeting Agenda

This meeting will take place at 1106 Clayton Lane, Suite 125E, Austin Texas and 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).

  1. Call to Order and Invocation
  2. Roll Call, Certification of Quorum
  3. Public Comment *Comments will be limited to no more than 3 minutes*
    Any person wishing to address the Commission via videoconference 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., October 4, 2021. Public comments can also be made in person on October 5, 2021 at the meeting location.
  4. Executive Session

  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.

      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.
  6. Action on items discussed in Executive Session
  7. Commission Action

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

  10. Discussion and possible action to approve the Fiscal Year 2021 Annual Internal Audit Report including review of the Fiscal Year 2021 audit and follow-up of prior years’ audits.
  11. Discussion and possible action to approve the Fiscal Year 2022 Internal Audit Plan
  12. Minutes

  13. Approval of Minutes – Meeting of August 10, 2021
  14. Contested Cases

  15. Contested Cases - consideration and possible action (heard before State Office of Administrative Hearings)
    Respondents and Prosecutors will each have 5 minutes for presentation and three minutes for rebuttal
  16. Item

     Case / Docket Number

    Respondent

    1.

    MAS20190016967; MAS20190009183; MAS20190009155 / 452-20-4408.MAS; 452-20-4402.MAS: 452-20-4393.MAS

    Cristobal Lizandro Gonzalez

    2.

    ELC 20200011999; ELC20210000355 / 452-21-0380.ELC

    Edgar Antonio Larios

    3.

    TOW20200013603 / 452-21-1228.TOW

    Herbert L. Smith, III

    4.

    COS20200015266 / 452-210630.COS

    Garrett Paul Phillips

    5.

    ACR20200013172 / 452-21-0612.ACR

    Galen R. Smith

    6.

    ELC20200009230 / 452-21-1272.ELC

    Jazman Glenn

    Rules

    K.

    Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 97, Subchapter A, §97.1 and §97.2, and Subchapter D, §97.59; and proposed a new rule at Subchapter B, §97.29, regarding the Motor Fuel Metering and Quality Program. The proposed rules implement House Bill (HB) 2106, 87th Legislature, Regular Session (2021), which enables the Texas Commission of Licensing and Regulation, the Department’s governing body (Commission), and the Department to administer Chapter 607, Texas Business and Commerce Code.

    L.

    Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 85, §85.722, regarding the Vehicle Storage Facilities program. Pursuant to Occupations Code §2303.1552, the proposed rule increases the allowable vehicle storage facility impoundment fee and daily storage fees in accordance with changes in the Consumer Price Index (CPI) during the preceding state fiscal biennium.

    M.

    Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 86, §86.455, regarding the Vehicle Towing and Booting program. Pursuant to Occupations Code §2308.0575, the proposed amendments address the maximum amounts for private property tow fees and drop charges that may be charged by a towing company.

    N.

    Discussion and possible action on the proposed repeals of existing rules at 16 Texas Administrative Code, Chapter 88, §§88.1, 88.10, 88.20 - 88.29, 88.40, 88.70 - 88.80, 88.90, 88.91, 88.100, and 88.101, regarding the Polygraph Examiners program. The proposed repeals implement House Bill (HB) 1560, 87th Legislature, Regular Session (2021), which deregulates the Polygraph Examiners program by repealing Chapter 1703, Occupations Code, effective September 1, 2021.

    O.

    Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.100, regarding the Air Conditioning and Refrigeration Contractors program. The proposed new rule amends §75.100 by adding new subsection (a)(5) to state that compliance with Section 210.8(F) of the 2020 NEC is not required until January 1, 2023.

    P.

    Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.100, regarding the Electricians program. The proposed rule amends §73.100 by placing the existing rule text into new subsection (a) and adding new subsection (b) to state that compliance with Section 210.8(F) of the 2020 NEC is not required until January 1, 2023.

    Motions for Rehearing

  1. 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:
    Respondents and Asst. General Counsel will each have 5 minutes for presentation and 3 minutes for rebuttal
  2. Item

     Case / Docket Number

     Respondent

    1.

    MAS20200012401

    Miranda Bloom

    2.

    DOCKET NO, 452-19-6995

    TOW20190015970

    TOW20200007996

    Kareem Aziz

    Appointments

  1. Approval of appointments and or reappointments of members to Advisory Boards:

    APPOINTMENTS:
    • Electrical Safety and Licensing Advisory Board
    • Massage Therapy Advisory Board
  2. Sunset Implementation

  3. Updates on implementation of the Sunset requirements
    Briefing from agency staff on activities, rule and policy changes, communications and actions taken to implement the Sunset bill (HB 1560) and management action recommendations approved by the Sunset Commission. May include discussion and update of the following topics:
    • Commissioner Training Manual
  4. Staff Reports

  5. Staff Reports
    Briefing from agency staff on activities, statistical data, personnel changes, communications and public outreach. May include discussion and update of the following topics:
    • Impact of COVID cases on Staff
    • Agency Reports, Statistics, and Trends
    • HUB Report and Mentor Protégé Program
    • State Employee Charitable Campaign
    • Veterans Committee meetings and Veteran’s Day
    • Update on the Texas Licensing System
    • Personnel Changes – retirements, promotions, new hires etc.
  6. Next Meeting

  7. Agenda items for future Commission Meetings
  8. Upcoming Commission Meetings
  9. Adjournment

  10. Adjournment


TEXAS COMMISSION OF LICENSING AND REGULATION

Online Public Comment Instructions
(If you are going appear at the Commission meeting in person you do not need to complete this step to provide public comment.)

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 October 5, 2021, public meeting.

  • Written comments must be submitted to Public.Comments@tdlr.texas.gov no later than 12:00 p.m. October 4, 2021.
    • 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 during the public meeting, please provide:

  • your contact information to Public.Comments@tdlr.texas.gov by 12:00 p.m. October 4, 2021.
    • You will receive an email invitation to join the meeting.
      • You may join the meeting via computer or telephone, but you must join the meeting no later than 8:30 a.m.
      • After 8:30 a.m. you may submit a written comment, but you will not be admitted into the meeting
      • You may be required to download software to join the meeting, test your connection early to be sure you can connect to the meeting
    • You will be given up to three (3) minutes to speak.

Requests for Public Comment must include:

  • Agenda Item or Specific Topic
  • Name
  • Email and Phone Number
  • Please indicate whom you are representing, ex., attorney, yourself or other

The meeting chairperson may reduce the time provided for public comments based on the number of requests received.

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

DEADLINE FOR PUBLIC COMMENT REQUEST IS 12 p.m. October 4, 2021.

Failure to provide the information requested directly above could result in your comment being delayed or taken out of order.