Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of January 11, 2019
Twin Towers Office Center
1st Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Chairman Arismendez called the meeting of the Texas Commission of Licensing and Regulation to order at 8:37 a.m., Friday, January 11, 2019. Members present were Chairman Mike Arismendez, Vice-Chair Tom Butler joined the meeting at 8:43 a.m., Commissioners Dr. Ray Callas, Helen Callier, Rick Figueroa, Dr. Gary Wesson, and Deborah Yurco. A roll call verified that a quorum was present.

Staff present included: Brian Francis, Executive Director; Carla James, Deputy Executive Director; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Derek Burkhalter, Assistant General Counsel; Molly Fudell, Assistant General Counsel; Mark Gladney, Assistant General Counsel; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Laura Pfefferle, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; David Gonzales, Director of Regulatory Program Management; Christina Kaiser, Director of Enforcement; Dede McEachern, Director of Licensing Ray Pizarro, Director of Education and Examination; Trey Seals, Director of Customer Service; and Tamala Fletcher, Executive Assistant.

Chairman Arismendez moved to agenda item C, Recognition of Commissioner Dr. Ray Callas for the American Medical Association Medal of Valor awarded to him on November 11, 2018.

Chairman Arismendez moved to agenda item D, Public Comment. The Commission heard public comment from John McCormack and Marianne McCormack of Visible Changes, Gordon Logan of Sports Clips, and Brielle Epstein, Midwife.

Chairman Arismendez moved to agenda items E and F, Executive Session and Action on items discussed in Executive Session. The Commission recessed to Executive Session. The Commission took no action on items discussed during the Executive Session.

Chairman Arismendez moved to agenda item G, Approval of Minutes – Meeting October 26, 2018. Dr. Ray Callas, seconded by Deborah Yurco, made a motion to accept the minutes as presented. Motion passed by unanimous vote. At the conclusion of item EE, Chairman Arismendez called for motion to reconsider the minutes. Rick Figueroa, seconded by Dr. Ray Callas made a motion to reconsider the minutes. Motion passed by unanimous vote. Chair noted an error on page two of the minutes. Dr. Gary Wesson, seconded by Dr. Ray Callas, made a motion to modify the minutes. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Contested Cases - consideration and possible action on the following cases:

Docket Number POL20170018439 / 452-18-1790.POL, Maria Anna Hubbard. Rick Figueroa, seconded by Dr. Gary Wesson, moved to accept the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number ELC20170001159 / 452-18-3622.ELC, Robert C. Garcia. Helen Callier, seconded by Dr. Ray Callas, moved to accept the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number ELC20180001868 / 452-18-4474.ELC, Billy W. Armstrong, Sr. Dr. Ray Callas, seconded by Helen Callier, moved to accept the Proposal for Decision with a technical correction to Conclusion of Law. Motion passed by unanimous vote.

Docket Number ELC20180002506 / 452-18-4153.ELC, Derick W. Garvin. Tom Butler, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number TOW20180006935 / 452-18-3165.TOW, Robert L. Brown. Deborah Yurco, seconded by Dr. Ray Callas, moved to accept the Proposal for Decision with amendments to Findings of Fact 24 and 29 and Conclusion of Law 14 and 16. Motion passed by unanimous vote.

Docket Number ELC20180004586 / 452-18-4681.ELC, John M. Jerdet. Dr. Ray Callas, seconded by Deborah Yurco, moved to accept the Proposal for Decision and probate for one year with corrections to Findings of Fact 4, 5, 6, 22, and 23. Motion passed by a vote of 5-2 with Butler and Callier opposed.

Docket Number HFD20170013135 / 452-18-0362.HFD, Luis E. De La Garza. Chairman Arismendez continued this matter to the next Commission meeting.

Docket Number TOW20180003396 / 452-18-3913.TOW, Doug R. Madison. Dr. Ray Callas, seconded by Helen Callier, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number TOW20180005497 / 452-18-3914.TOW, Peter Chairez, Jr. Dr. Ray Callas, seconded by Helen Callier, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item I, Motions for Rehearing - consideration and possible action on the following cases:

Docket Number TOW20180001636 & VSF20180002931 / 452-18-1359 TOW, Andres Cevallos III. Rick Figueroa, seconded by Dr. Ray Callas, moved to grant the motion for rehearing and remanding the case to State Office of Administrative Hearings to address the criminal conviction guidelines. Motion passed by a vote of 4-3 with Callier, Wesson, and Yurco opposed.

Docket Number TOW20180014576, Joshua Bonuelos d/b/a Falcon Towing & Recovery. Deborah Yurco, seconded by Dr. Ray Callas, moved to grant the rehearing. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 65, Subchapter C, §65.13 and §65.15; Subchapter I, §65.63; Subchapter J, §65.71; and Subchapter R, §§65.608, 65.609, and 65.612, regarding the Boiler program. The proposed amendments implement recommendations from the Board of Boiler Rules and from staff for updates, corrections, clarifications, and consistency. The proposed amendments to Subchapter A, §65.2, and Subchapter I, §65.64, relating to extension of the interval between required boiler inspections, were withdrawn for further modification and will be re-proposed. Dr. Ray Callas, seconded by Dr. Gary Wesson, made a motion to adopt the rules as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 86, §86.705, and the proposed repeal of existing §86.213, regarding the Vehicle Towing and Booting program. The proposed amendments and repeal implement Senate Bill 1501, Senate Bill 2065, and House Bill 2615, 85th Legislature, Regular Session (2017), which establish standards of conduct for tow operators engaging in the non-consent relocation of vehicles from one area on a parking facility to another area on the same parking facility and eliminate the towing operator training license. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt the rules as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item M, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 87, §§87.10, 87.25, 87.30, 87.45, 87.47, 87.65, 87.71, 87.80, and 87.85, and the proposed repeal of existing §§87.73 - 87.77, 87.79, 87.81, and 87.92, regarding the Used Automotive Parts Recyclers program. The proposed amendments and repeal implement Texas Transportation Code, Chapter 501 and Texas Occupations Code, Chapter 2309, which update references and duplicate provisions. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt the rules as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item N, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 95, §§95.40, 95.50, 95.71 and 95.100, regarding the Transportation Network Companies program. The proposed amendments make editorial corrections and update the language used regarding persons using fix-framed wheelchairs. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt the rules as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item O, Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 79, §79.33, regarding the Weather Modification program. The proposed amendments clarify reporting requirements to implement a recommendation from the Department’s internal auditor and allow greater flexibility in reporting by allowing required information to be posted on a publicly-available website. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt the rules as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item P, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 55, Rules for Administrative Services, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item Q, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 61, Combative Sports, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item R, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 65, Boilers, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item S, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 66, Registration of Property Tax Consultants, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item T, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 67, Auctioneers, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item U, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 68, Elimination of Architectural Barriers, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item V, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 74, Elevators, Escalators, and Related Equipment, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item W, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 75, Air Conditioning and Refrigeration program, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item X, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 77, Service Contract Providers and Administrators, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item Y, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 79, Weather Modification, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item Z, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 82, Barbers, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item AA, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 83, Cosmetologists, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item BB, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 87, Used Automotive Parts Recyclers, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item CC, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 88, Polygraph Examiners, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item DD, Discussion and possible action on the re-adoption of 16 Texas Administrative Code, Chapter 94, Property Tax Professionals, as a result of the four-year rule review. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt rule review as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item EE, Discussion and possible action to approve the Criminal Conviction Guidelines for the Behavioral Analysts program. Dr. Ray Callas, seconded by Helen Callier, made a motion to adopt the criminal conviction guidelines as presented. Motion passed by unanimous vote.

Chairman Arismendez moved to agenda item HH, Advisory Board appointments and reappointments. Dr. Ray Callas, seconded by Rick Figueroa, made a motion to approve the Chairman’s board appointments and reappointment recommendations. Motion passed by unanimous vote.

  • Advisory Board of Athletic Trainers
    Reappoint David Weir, College Station, Texas and as Presiding Officer
  • Behavior Analyst Advisory Board
    Reappoint Dr. William “Gordon” Bourland, Arlington, Texas and as Presiding Officer;
    Reappoint Serica Cuellar, San Antonio, Texas; and
    Reappoint Laurie Snyder, Southlake, Texas
  • Board of Boiler Rules
    Reappoint Norman Anderson, Dallas, Texas;
    Reappoint Dan Lancaster, P.E., Hallsville, Texas;
    Reappoint Mark Thompson, LaMarque, Texas; and
    Reappoint Richard West, Youngsville, LA
  • Code Enforcement Officers Advisory Committee
    Reappoint Marie Brown, Tyler, Texas; and
    Reappoint Christylla Miles, Houston, Texas
  • Hearing Instrument Fitters and Dispensers Advisory Board
    Reappoint Richard Davila, Lubbock, Texas; and
    Reappoint Detra D. Stewart, Houston, Texas
  • Orthotists and Prosthetists Advisory Board
    Reappoint David Ahrens, Denton, Texas
  • Property Tax Consultants Advisory Council
    Reappoint Steven G. Mills, Dallas, Texas and as Presiding Officer; and
    Reappoint W. Ken Parsons, Dallas, Texas
  • Registered Sanitarian Advisory Committee
    Reappoint Jim Dingman, Plano, Texas and as Presiding Officer;
    Reappoint Lisa Pomroy, Fort Worth, Texas; and
    Reappoint Erin Dunn, College Station, Texas
  • Texas Tax Professional Advisory Committee
    Appoint John Andrew Scott, Austin, Texas; and
    Reappoint Shane Docherty, Dallas, Texas and as Presiding Officer
  • Weather Modification Advisory Committee
    Reappoint Frank Reilly, Horseshoe Bay, Texas and as Presiding Officer;
    Reappoint Gary Foster, Sterling City, Texas; and
    Reappoint James P. Nance, Austin, Texas

Chairman Arismendez moved to agenda item FF. Staff Reports and Briefing from agency staff. Alaric Robertson provided an overview of training opportunities and the learning and development outreach efforts for the Office of Innovation and Project Management. Carla James, Deputy Executive Director introduced Karen Berryman, her new Executive Assistant, and Brian Francis provided a legislative update and preview of potential bills based on Sunset Hearings.

Chairman Arismendez moved to agenda item J. Recognition of Nick Voinis for his contributions to the success of TDLR and his service to the citizens of the State of Texas.

Chairman Arismendez adjourned the meeting at 1:06 p.m.

Rick Figueroa, Chairman
Texas Commission of Licensing and Regulation