Texas Commission of Licensing and Regulation Meeting Agenda

December 20, 2019 8:30 a.m.
Twin Towers Office Center
1106 Clayton Lane
1st Floor Public Meeting Room #125E
Austin, Texas

If you are planning to attend this meeting and need auxiliary aids, services or 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, 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.

A. Call to Order and Invocation

B. Roll Call and Certification of Quorum

C. TDLR’s recognition of Dr. Ray Callas for his service in the U.S. Navy in honor of Veterans Day

PUBLIC COMMENT

D. 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 Commission Liaison*

EXECUTIVE SESSION

E. 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.

F. Action on items discussed in Executive Session

MINUTES

G. Approval of Minutes – Meeting of November 5, 2019

TRAINING

H. Training for Commissioners on the Public Information Act

CONTESTED CASES

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

Item Case / Docket Number Respondent
1 TOW20190001638, TOW20190001898 / 452-19-3102.TOW Ahmad Issa

 

MOTIONS FOR REHEARING

J. 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. ELC20180006696; ELC20180006698; ELC20180006701 Paulo Galarce

 

RULES

K. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 65, Subchapter A, §65.2; Subchapter C, §65.12; and Subchapter I §65.64, regarding the Boilers program. The proposed amendments to §65.12 implement §6.002 of House Bill (HB) 2847, Article 6, 86th Legislature, Regular Session (2019), which amends Health and Safety Code §755.029(c), removing the requirement to post boiler certificates of operation under glass. The proposed amendments to §65.2 and §65.64 add new definitions and specify conditions under which boiler operators may obtain extensions of the interval between internal boiler inspections.

L. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.23; Subchapter D, §60.40, and Subchapter I, §60.306; new rule Subchapter D, §60.36; and the repeal of Subchapter I, §60.302 regarding the Procedural Rules of the Commission and the Department. The proposed amendments implement House Bill (HB) 1342, 86th Legislature, Regular Session (2019) which amends Texas Occupations Code, Chapter 51, to provide the Commission and Executive Director the authority to issue restricted licenses to certain professions and to provide for a person to be eligible to reapply for a license under certain circumstances. The proposed amendments also implement HB 1899 which amends Texas Occupations Code, Chapter 108, to require mandatory denial or revocation of licensure for certain health care professionals.

M. Discussion and possible action on the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.71, regarding the Electricians program. The proposed new rule implements House Bill (HB) 1342, 86th Legislature, Regular Session (2019). Section 2 of HB 1342 authorizes the Texas Commission of Licensing and Regulation and the Department’s Executive Director to issue a restricted license to a person as an alternative to denying, revoking, suspending, or refusing to issue a license. Section 2 also authorizes the Department to impose reasonable conditions on a holder of a restricted license.

N. Discussion and possible action on the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.75, regarding the Air Conditioning and Refrigeration program. The proposed new rule implements House Bill (HB) 1342, 86th Legislature, Regular Session (2019). Section 2 of HB 1342 authorizes the Texas Commission of Licensing and Regulation and the Department’s Executive Director to issue a restricted license to a person as an alternative to denying, revoking, suspending, or refusing to issue a license. Section 2 also authorizes the Department to impose reasonable conditions on a holder of a restricted license.

O. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 87, §§87.15, 87.44, 87.45, and 87.85, and proposed repeal of existing rules at §§87.24, 87.25, 87.26, and 87.46, regarding the Used Automotive Parts Recyclers program. The proposed rules are necessary to implement House Bill 2847, Article 15, 86th Legislature, Regular Session (2019), which amended Chapter 2309, Occupations Code, by: (1) repealing the licensing requirement and fees for employees working at UAPR facilities; (2) repealing the provisions requiring risk-based inspections and fees for repeat violators of Chapter 2309, Occupations Code; and (3) increasing the periodic inspection time period to every four years. This agenda item includes discussion of any public comments received on the proposed rules.

P. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 114, §§114.10, 114.20, 114.21, 114.23, 114.28, 114.50, 114.80, and 114.90, and the rule chapter heading, regarding the Orthotists and Prosthetists program. The proposed amendments implement House Bill (HB) 2847, Article 11, 86th Legislature, Regular Session (2019), which repeals §605.002(19), (20), and (21), Definitions, and §605.259, Technician Registration, from the Occupations Code, eliminating the technician registration from the Orthotists and Prosthetists program. The proposed rules are necessary to remove all requirements in Chapter 114 that are related to the technician registration. Other amendments improve consistency with the statute, remove unnecessary text, and improve a wording choice.

Q. Discussion and possible actions on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter A, §117.2; Subchapter C, §§117.20,117.21, and 117.23; Subchapter D, §117.31; Subchapter E, §117.40; Subchapter F, §§117.50 - 117.55, §§117.57 - 117.59, 117.61, 117.62, and 117.64 - 117.68; Subchapter G, §§117.80, 117.82, and 117.83; Subchapter H, §§117.90, 117.91, and 117.93; Subchapter I, §117.100; new rule Subchapter C, §117.25, and repeal Subchapter F, §§117.56 and 117.60 regarding the Massage Therapy Program. The proposed rules implement necessary changes required by House Bill 1865 and House Bill 2747, 86th Legislature, Regular Session (2019). The proposed rules also include recommendations from the Massage Therapy Advisory Board Standard of Care workgroup and from the Advisory Board's Education and Examination workgroup.

CRIMINAL CONVICTIONS/PENALTY MATRICES

R. Discussion and possible action to approve the Penalty Matrix for the Code Enforcement Officers Program

APPOINTMENTS

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

  • Architectural Barriers Advisory Board
  • Auctioneer Advisory Board
  • Advisory Board on Barbering
  • Advisory Board on Cosmetology
  • Combative Sports Advisory Board
  • Dietitians Advisory Board
  • Driver Training and Traffic Safety Advisory Committee
  • Dyslexia Therapists and Practitioners Advisory Committee
  • Electrical Safety and Licensing Advisory Board
  • Elevator Advisory Board
  • Massage Therapy Advisory Board
  • Midwives Advisory Board
  • Motorcycle Safety Advisory Board
  • Orthotists and Prosthetists Advisory Board
  • Polygraph Advisory Committee
  • Registered Sanitarian Advisory Committee
  • Speech-Language Pathologist and Audiologists Advisory Board
  • Towing and Storage Advisory Board
  • Water Well Drillers Advisory Council

WORK GROUP REPORTS

T. Commission Work Group Reports – including update from work groups, discussion, and possible action on items discussed

  • Sunset Work Group
    • Update on activities related to TDLR’s Sunset Advisory Commission review
    • Evaluation of the type of personal information of license holders available on TDLR’s website, and possible direction to staff

STAFF REPORTS

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

Executive

1. Executive Office, Office of General Counsel, Human Resources Division, Office of Strategic Communications and Office of Project and Transformation Management:

  • Update on HB 3834 Cyber Security Awareness training
  • Update on Sunset Review Process
  • Update on Transformation Efforts
  • Update on Rulemaking
  • Agreed Orders, Default Orders and Cease & Desist Orders
  • Social Media Key Statistics and Update
  • Motions for Rehearing, Open Records, and Collections Report
  • Agency Reports, Statistics, and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes
  • Current Projects
  • Recent Accomplishments

Administrative Services and Strategic Response

2. Financial Services Division, Information Technology Division, Anti-Trafficking and Strategic Response:

  • Current Projects
  • Update on implementation of the Fuel Metering and Quality program
  • Prisoner Re-entry Program update
  • Post Payment Audit
  • Appropriations
  • Statistics and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes
  • Recent Accomplishments

Regulatory Services

3. Enforcement, Field Inspections Division, and Regulatory Program Management Division:

  • Current Projects
  • Statistics and Trends
  • Outreach Efforts and Training
  • Organizational/Personnel Changes
  • Recent Accomplishments

Administrative Services

4. Education & Examination Division, Customer Service Division, and Licensing Division:

  • Current Projects
  • Statistics and Trends
  • Speaking Engagements and Training
  • Organizational/Personnel Changes
  • Recent accomplishments

NEXT MEETING

V. Agenda items for future Commission Meetings

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

X. Adjournment