TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of January 27, 2017
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 8:38 a.m., Friday, January 27, 2017. Members present were Chairman Mike Arismendez, Commissioners Tom Butler, Helen Callier, and Rick Figueroa. A roll call verified that a quorum was present.

Staff present included: Brian Francis, Executive Director; Carla James, Deputy Executive Director; Nick Voinis, Chief of Staff; Brad Bowman, General Counsel; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Della Lindquist, Deputy General Counsel; Laura Pfefferle, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; Colleen Tran, Assistant General Counsel; Jerry Daniels, Director of Financial Services; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Rick Figueroa, seconded by Helen Callier, moved to excuse the absences of Catherine Rodewald, Ravi Shah, and Deborah Yurco. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item C, Executive Session at 8:39 a.m. 

The open meeting reconvened at 9:17 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item E, Approval of minutes – meeting of November 16, 2016. Helen Callier, seconded by Tom Butler, moved to approve the minutes. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item F, Contested Cases. The final actions on the Proposals for Decision are as follows:

Docket number ELC20150014720/452-16-5558.ELC, TDLR v. Michael D. Dean. Helen Callier, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160015172/452-16-3317.ELC, TDLR v. David Jackson. Rick Figueroa, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number PTC20130017019/452-16-3204.PTC, TDLR v. Jesus M. Salinas. Rick Figueroa, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160010627/452-16-4594.ELC, TDLR v. Vincente Castellanos, Jr. Tom Butler, seconded by Helen Callier, moved to deny the Proposal for Decision and deny the license. The motion was passed by unanimous vote.

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

Docket number COS20160011558, TDLR v. Lacy L. Bishop d/b/a Casa Bella. Tom Butler, seconded by Rick Figueroa, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number COS20160013638, TDLR v. Thao Vuong d/b/a Shiny Nails & Spa. Helen Callier, seconded by Rick Figueroa, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number TOW20160023221, TDLR v. Camille Y. Herron d/b/a Tri County Towing. Rick Figueroa, seconded by Mike Arismendez, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket numbers TOW20160024655 & VSF20160025261, TDLR v. Chad Hart d/b/a Paradise Towing and Wrecker. Helen Callier, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number TOW20140011374, TDLR v. Ruth Belmonte and Robert Garcia d/b/a Phoenix Towing. Helen Callier, seconded by Rick Figueroa, moved to deny the rehearing. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 55, Subchapter A, §55.1 and §55.10; and proposed new rules Subchapter F, §55.100 and §55.101, regarding the Rules for Administrative Services, to implement Senate Bill 20 and bring the Department into compliance with Texas Government Code, Chapter 2261. Rick Figueroa, seconded by Helen Callier, moved to accept the rules as presented with an effective date of March 1, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item I, Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code, Chapter 70, §70.100 and §70.101; and proposed new rules §70.100 and §70.101, regarding the Industrialized Housing and Buildings program, to adopt code updates. Tom Butler, seconded by Rick Figueroa, moved to accept the rule repeal and new rules as presented with an effective date of August 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 140, §§140.1 – 140.31, regarding the Orthotists and Prosthetists program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Orthotists and Prosthetists program from the Texas Department of State Health Services to the Commission and the Department. Tom Butler, seconded by Rick Figueroa, moved to accept the rule repeal with an effective date of February 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 141, Subchapter A, §§141.1 -141.22, regarding the Dietitians program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Dietitians program from the Texas Department of State Health Services to the Commission and the Department. Rick Figueroa, seconded by Tom Butler, moved to accept the rule repeal as presented with an effective date of March 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 142, Subchapter A, §§142.1 – 142.20, regarding the Athletic Trainers program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Athletic Trainers program from the Texas Department of State Health Services to the Commission and the Department. Tom Butler, seconded by Helen Callier, moved to accept the rule repeal as presented with an effective date of March 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item M, Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 143, Subchapter A, §§143.1 – 143.4 and 143.7; Subchapter B, §§143.11 – 143.17 and §§143.20 – 143.25; Subchapter C, §§143.31 – 143.37, and §143.40; Subchapter D, §§143.51, 143.52, 143.57, 143.58, 143.60, 143.65, 143.70, 143.75, 143.101, 143.111, 143.121, 143.131 and 143.141; and Subchapter E, §§143.161 – 143.174, regarding the Midwives program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Midwives from the Texas Department of State Health Services to the Commission and the Department. Tom Butler, seconded by Helen Callier, moved to accept the rule repeal as presented with an effective date of March 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item N, Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 144, §§144.1 - 144.31, regarding the Hearing Instrument Fitters and Dispensers program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Hearing Instrument Fitters and Dispensers program from the Texas Department of State Health Services to the Commission and the Department. Rick Figueroa, seconded by Helen Callier, moved to accept the rule repeal as presented with an effective date of March 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item O, Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 145, Subchapter A, §145.1; Subchapter B, §§145.11 - 145.15; Subchapter C, §§145.31 - 145.33; Subchapter D, §§145.41 - 145.45; Subchapter E, §§145.61 - 145.66; Subchapter F, §§145.81 – 145 Subchapter G, §145.91; Subchapter H, §§145.101 - 145.104; Subchapter I, §145.111 and §145.112; Subchapter J, §145.121 and §145.122; Subchapter K, §145.141 and §145.142; Subchapter L, §§145.161 - 145.165; Subchapter M, §145.181 and §145.182; Subchapter N, §§145.191 - 145.204; Subchapter O, §§145.211 - 145.216; Subchapter P, §§145.231 - 145.233, regarding the Speech-Language Pathologists and Audiologists program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Speech-Language Pathologists and Audiologists program from the Texas Department of State Health Services to the Commission and the Department. Helen Callier, seconded by Tom Butler, moved to accept the rule repeal as presented with an effective date of March 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item P, Discussion and possible action on the proposed repeal of the transferred rules at 16 Texas Administrative Code (TAC), Chapter 146, Subchapter K, §§146.575 – 146.596, regarding the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program to remove duplicate and obsolete rules as a result of Senate Bill 202, which transferred the Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners program from the Texas Department of State Health Services to the Commission and the Department. Rick Figueroa, seconded by Tom Butler, moved to accept the rule repeal as presented with an effective date of March 1, 2017. The motion was passed by unanimous vote. 

Chairman Arismendez moved to agenda item Q, Discussion and possible approval of the Penalty Matrix for the Athletic Trainers program. Rick Figueroa, seconded by Helen Callier, moved to accept the matrix as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item R, Staff Reports. Brian Francis reported to the Commission and answered questions from the Commission.

Chairman Arismendez moved to agenda item S, Approval of appointments of members to Advisory Board, including appointment of presiding officers. Tom Butler, seconded by Rick Figueroa, moved to approve the appointments. The motion was passed by unanimous vote.

  • Architectural Barriers Advisory Board – New appointment: Frances A. Robertson (term expires 08/31/2019).
  • Auctioneer Advisory Board – New appointment: Rick D. Stroud (term expires 09/01/2019).
  • Board of Boiler Rules – New appointments: Brian S. Mallynn (term expires 01/31/2021); and Allan R. Cripe (term expires 01/31/2021). 
  • Dietitians Advisory Board – New appointment: Grace E. White (term expires 09/01/2019).
  • Speech-Language Pathologists and Audiologists – New appointment: Kimberly Ringer (term expires 09/01/2017).
  • Water Well Driller Advisory Council – Reappointments: Lonnie C. Ball, Presiding Officer, (term expires 09/15/2022); Billy R. Lange, Vice-Presiding Officer, (term expires 09/15/2022); Ray Reed, Secretary (term expires 09/15/2022); and Raymond O. Whisenant, Jr. (term expires 09/15/2022).

Chairman Arismendez moved to agenda item T, Advisory Board Report. Susan Stanford gave the report to the Commission.

Chairman Arismendez moved to agenda item U, Public Comments. There were no public comments.

Chairman Arismendez moved to agenda item V, Discussion of date, time, and location of future Commission meetings. The next meetings were determined to be March 1, 2017, April 5, 2017; and tentative dates of May 17, 2017 and June 28, 2017.

Chairman Arismendez moved to agenda item W, Adjournment. The meeting was adjourned at 10:41 a.m.