Texas Commission of Licensing and Regulation Meeting Agenda

December 8, 2020 830 a.m.
Videoconference Meeting
Watch the Meeting on YouTube

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

B. Roll Call and Certification of Quorum

PUBLIC COMMENT

C. 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., December 7, 2020. TDLR offices will not be open for in-person public comment.

COMMISSION ACTION

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

MINUTES

E. Approval of Minutes – Meetings of September 29, 2020 and November 23, 2020

RULES

F. Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.110, regarding the Air Conditioning and Refrigeration program. The proposed amendments adopt the 2018 versions of the applicable codes for the program.

G. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 110, §110.24 and §110.25, regarding the Athletic Trainers program. The proposed amendments implement House Bill (HB) 2059, 86th Legislature, Regular Session (2019), which requires athletic trainers and other health care practitioners to complete a human trafficking prevention training course in order to renew their license. The proposed rules also allow the training to count toward the required minimum continuing education for athletic trainers.

MOTIONS FOR REHEARING (9:30 a.m.)

H. 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

Item Case / Docket Number Respondent
1 MAS20190013553 Huizhi Pan
2 TOW20180014024 Deric Lopez
3

DOCKET NO, 452-20-1302; TOW20190002499 TOW20200004456

Gareth Francis D/B/A Lightning towing & recovery

4

DOCKET NO, 452-20-1758; MAS20190015164

Xin Liu

STAFF REPORTS

I. Staff Reports  
Briefing from agency staff on monthly activities, statistical data, personnel changes, communications and public outreach. May include discussion of the following topics:

    • Legislative update
    • COVID-19 Response
    • Agency Reports, Statistics, and Trends
    • Sunset Commission Meeting update
    • HUB Report Update and Mentor Protégé Program
    • Update on Issuing Emergency Licenses
    • Update on the Memorandum of Understanding between Texas Workforce Commission, Texas Department of Criminal Justice, Windham
      School District and Texas Department of Licensing and Regulation to aide in the efforts of criminal justice involved individuals re-entering the workforce including reduction in fees and elimination impediments

EXECUTIVE SESSION

J. 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 551.089, 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.

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

K. Action on items discussed in Executive Session

CONTESTED CASES (11:30 a.m.)

L. 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

Item Case / Docket Number Respondent
1 MAS20180013206 / 452-19-6575.MAS Margarita Dritsas
2 POD20190008868 / 452-20-0429.POD Milton Crawford
3

MID20190002364 / 452-19-6495.MID

Linda Turner

4

TOW20190005697 and TOW20190009060 / 452-20-0702.TOW

All American Towing and Recovery, Inc.

5 COS20190015037 / 452-20-2791.COS Criselda Hernandez
6 TOW20200001408 and ELC20200001397 / 452-20-1523.TOW Antonio Jimenez
7 ELC20200004590 / 452-20-3941.ELC Johnny Lee Spinelli
8 ACR20190010718 / 452-20-2363.ACR Isaias Ybarra
9 BAR20190003216 / 452-20-0888.BAR Brandon Allen
10 MAS20190009672 / 452-20-1277.MAS Robert L. Luddington
11 ELC20200003391 / 452-20-2421.ELC Erasmo Castillo
12 MAS20200005346 / 452-20-1757.MAS Sarah Treece
13 COS20200004322 / 452-20-4057.COS Beija L. Velasquez

 

NEXT MEETING

M. Agenda items for future Commission Meetings

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

ADJOURNMENT

O. 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 December 8, 2020, public meeting.

  • Written comments must be submitted to Public.Comments@tdlr.texas.gov no later than 12:00 p.m. December 7, 2020.
  • 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 telephone contact information to Public.Comments@tdlr.texas.gov by 12:00 p.m. December 7, 2020.
  • During the meeting, you will be called at the telephone number you provide.
  • You will be given up to three (3) minutes to speak.

Requests Public Comment must include:

    • Agenda Item or Specific Topic
    • Name
    • Telephone 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. 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. December 7, 2020.
                                                                                                                                                                                                               
Failure to provide the information requested directly above could result in your comment being delayed or taken out of order.