TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of January 6, 2016
Twin Towers Office Center
1st Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Vice-Chair LuAnn Morgan called the meeting of the Texas Commission of Licensing and Regulation to order at 9:00 a.m., Wednesday, January 6, 2016. Members present were Vice-Chair LuAnn Morgan, Commissioners Tom Butler, Fred Moses, Catherine Rodewald, Ravi Shah, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: Brian Francis, Deputy Executive Director; Brad Bowman, General Counsel; Charles Johnson, Assistant General Counsel; Lynn Latombe, Assistant General Counsel; Pam Legate, Assistant General Counsel; Della Lindquist, Deputy General Counsel; Wendy Pellow, Assistant General Counsel; Laura Pfefferle, Assistant General Counsel; George Ferrie, Director of Compliance; Ray Pizarro, Director of Education & Examination; and Kay Mahan, Executive Assistant.

Fred Moses, seconded by Deborah Yurco, moved to excuse the absence of Commissioner Mike Arismendez. The motion was passed by unanimous vote.

Vice-Chair Morgan moved to agenda item D, Executive Session at 9:04 a.m.

The open meeting reconvened at 9:35 a.m.

There was no action taken on the Executive Session.

Vice-Chair Morgan moved to agenda item F, Approval of minutes - meeting of November 18, 2015. Deborah Yurco, seconded by Ravi Shah, moved to approve the minutes. The motion was passed by unanimous vote.

Vice-Chair Morgan moved to agenda item G, Contested Cases. The final actions on the Proposals for Decision are as follows:

Docket numbers ACR20130002099 & ACR20130010461/452-15-4207.ACR, TDLR v. Christian N. Torres. Deborah Yurco, seconded by Fred Moses, moved to continue the case. The motion was passed by unanimous vote.

Docket number BAR20140020322/452-15-1227.BAR, TDLR v. Thomas A. Tillman, Jr. Tom Butler, seconded by Deborah Yurco, moved to deny the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

Docket number ELC20140013239/452-15-1212.ELC, TDLR v. Phillip M. Wiley. Deborah Yurco, seconded by Ravi Shah, moved to continue the case. The motion was passed with Tom Butler, LuAnn Morgan, Ravi Shah, and Deborah Yurco voting in favor; and Fred Moses and Catherine Rodewald voting in dissent.

Docket number ELC20150006370/452-15-3348.ELC, TDLR v. Jeffrey Michal Patterson. Fred Moses, seconded by Tom Butler, moved to deny the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

Docket number ELC20150008437/452-15-4225.ELC, TDLR v. Nghia T. Nguyen. Ravi Shah, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW 20150006433/452-15-4414.TOW, TDLR v. Bernardo Reyes. Fred Moses, seconded by Catherine Rodewald, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket numbers TOW20130023611/452-15-1716.TOW & TOW20140003044/452-15-1717.TOW. TDLR v. Atlas Towing. Ravi Shah, seconded by Deborah Yurco, moved to accept the Proposal for Decision with a penalty of $500 ($250 per violation). The motion was passed with Tom Butler, LuAnn Morgan, Ravi Shah, and Deborah Yurco voting in favor; and Fred Moses and Catherine Rodewald voting in dissent.

Docket number BAR20150013311/452-15-4854.BAR, TDLR v. Terrance D. Edwards. Fred Moses, seconded by Deborah Yurco, moved to continue the case. The motion was passed by unanimous vote.

Docket number ELC20150012079/452-15-4273.ELC, TDLR v. Clinton Edward Graham, Jr. Deborah Yurco, seconded by Fred Moses, moved to accept the Proposal for Decision as presented with technical changes discussed. The motion was passed by unanimous vote.

Commissioner Ravi Shah stepped out of the meeting.

Vice-Chair Morgan moved to agenda item H, Motions for Rehearing - consideration and possible action on the following cases:

Docket number COS20150014884, TDLR v. Ha P Dung d/b/a Star Nails. Fred Moses, seconded by Deborah Yurco, moved to continue the rehearing. The motion was passed by unanimous vote.

Docket number COS20150018492, TDLR v. Erica Weaver. Fred Moses, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number ELC20140018311, TDLR v. Billy Ramirez. Tom Butler, seconded by Fred Moses, moved to deny the rehearing. The motion was passed by unanimous vote.

Commissioner Ravi Shah returned to the meeting.

Docket number ELC20150002880/452-15-2822.ELC, TDLR v. John McKinney III. Fred Moses, seconded by Tom Butler, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number ELE20150007993, TDLR v. Zigma Realty LLC. Deborah Yurco, seconded by Fred Moses, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number TOW20140002856, TDLR v. Isidro Araiza d/b/a 77-Towing & Auto Repair. Fred Moses, seconded by Catherine Rodewald moved to grant the rehearing. The motion failed with Fred Moses and Catherine Rodewald voting in favor; and Tom Butler, LuAnn Morgan, Ravi Shah, and Deborah Yurco voting in dissent. Tom Butler, seconded by Ravi Shah, moved to deny the rehearing. The motion was passed with Tom Butler, LuAnn Morgan, Ravi Shah, and Deborah Yurco voting in favor; and Fred Moses and Catherine Rodewald voting in dissent.

Vice-Chair Morgan moved to agenda item I, Update on the certification of the contingent revenue riders for the 2016-2017 biennium. Brian Francis gave the Commission an update and answered questions.

Vice-Chair Morgan moved to agenda item J, Discussion and possible action to approve three revised penalty matrices for Elevators, Escalators and Related Equipment Program for: 1) Inspectors, 2) Contractors, 3) Owners. Ravi Shah, seconded by Catherine Rodewald, moved to approve the penalty matrices' revisions as recommended. The motion was passed by unanimous vote.

Vice-Chair Morgan moved to agenda item K, Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter G, ??60.102; Subchapter I, §60.300, 60.302, 60.304 - 60.308, 60.310 and 60.311; and proposed repeal of existing rules at Subchapter I, §60.301, 60.303 and 60.309, to implement changes made by the 84th Legislature, Regular Session (2015), regarding the Procedural Rules of the Commission and the Department. Tom Butler, seconded by Ravi Shah, moved to accept the rule amendments as presented with an effective date of February 15, 2016. The motion was passed by unanimous vote.

Vice-Chair Morgan, moved to agenda item L, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 65, Subchapter A, ??65.2; Subchapter C, ??65.13; Subchapter I, ??65.62; Subchapter J, ??65.72; Subchapter N, ??65.203 and ??65.210; Subchapter O, ??65.300; Subchapter P, ??65.401; Subchapter R, §65.605 and 65.608 - 65.613; and proposes new rules Subchapter B, §65.6, 65.7 and 65.8 and Subchapter K, ??65.86; and proposes the repeal of Subchapter B, ??65.10 and ??65.11, to primarily implement changes made by House Bill 3091, regarding and Boilers program. Fred Moses, seconded by Catherine Rodewald, moved to accept the rule amendments as presented with an effective date of February 15, 2016. The motion was passed by unanimous vote.

Vice-Chair Morgan moved to agenda item M, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 67, §67.20, 67.25, 67.30, 67.65 and 67.80; proposes new rules §67.21, 67.70, 67.71 and 67.72; proposed repeal of current ??67.70, to implement changes made by House Bill 2481 and make editorial corrections, regarding the Auctioneers program. Fred Moses, seconded by Catherine Rodewald, moved to accept the rule amendments as presented with an effective date of February 15, 2016. The motion was passed by unanimous vote.

Vice-Chair Morgan moved to agenda item N, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 74, §74.10, 74.50, 74.55, 74.69, 74.74, and 74.80; proposed new rules ??74.105, to implement changes made by House Bill 3741 and make editorial corrections, regarding the Elevators, Escalators and Related Equipment program. Ravi Shah, seconded by Fred Moses, moved to accept the rule amendments as presented with an effective date of February 15, 2016. The motion was passed by unanimous vote.

Vice-Chair Morgan moved to agenda item O, Staff Reports. Brian Francis gave a report and answered questions from the Commission.

The Commission did not take up agenda item P, Advisory Board Report; and agenda item Q, Approval of appointments of members to Advisory Board, including appointment of presiding officers.

Vice-Chair Morgan moved to agenda item R, Public Comment. There were no public comments.

Vice-Chair Morgan moved to agenda item S, Discussion of date, time and location of future Commission meetings. The next meeting dates were determined to be: February 10, 2016; March 9, 2016; April 13, 2016 (tentative); and May 18, 2016 (tentative).

Vice-Chair Morgan adjourned the meeting at 12:10 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation