TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of February 10, 2016
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 8:12 a.m., Wednesday, February 10, 2016. Members present were Mike Arismendez, LuAnn Morgan, Commissioners Tom Butler, Fred Moses and Ravi Shah. A roll call verified that a quorum was present.

Staff present included: Bill Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Brad Bowman, General Counsel; Charles Johnson, Assistant General Counsel; Della Lindquist, Deputy General Counsel; Wendy Pellow, Assistant General Counsel; George Ferrie, Director of Compliance; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Ravi Shah, seconded by Fred Moses, moved to excuse the absences of Commissioners Catherine Rodewald and Deborah Yurco. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item D, Executive Session at 8:15 a.m.

The open meeting reconvened at 8:28 a.m.

There was no action taken on the Executive Session.

Chairman Arismendez moved to agenda item F, Approval of minutes - meeting of January 6, 2016. LuAnn Morgan, seconded by Fred Moses, moved to approve the minutes. The motion was passed by unanimous vote.

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

Docket number ACR20130000723/452-15-3746.ACR. TDLR v. Charles Thompson d/b/a Cooling Breeze AC. LuAnn Morgan, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket numbers ACR20130002099 & ACR20130010461/452-15-4207.ACR, TDLR v. Christian N. Torres. Ravi Shah, seconded by Fred Moses, moved to accept the Proposal for Decision as presented. The motion was passed with Tom Butler, LuAnn Morgan, Fred Moses, and Ravi Shah voting in favor; and Mike Arismendez voting in dissent.

Docket number BAR20150011444/452-15-4333.BAR, TDLR v. Segundo D. Daniels. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ACR20140018376/452-15-1196.ACR, TDLR v. Humberto A. Trillo, III. LuAnn Morgan, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number BAR20150015845/452-15-4853.BAR, TDLR v. Joseph Walter Johnson. Fred Moses, seconded by LuAnn Morgan, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

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

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

Chairman Arismendez moved to agenda item I, Update on the certification of the contingent revenue riders for the 2016-2017 biennium. Bill Kuntz gave the Commission an update and answered questions.

The meeting was recessed at 9:23 a.m.

The meeting was reconvened at 9:36 a.m.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 86, ยง86.225 - 86.228, to establish a process that expedites consent tow truck permits, consent tow operator licenses and tow company licenses in areas that are included in an Emergency Declaration Proclamation, regarding the Vehicle Towing and Booting program. Fred Moses, seconded by LuAnn Morgan, moved to accept the rules as presented effective March 15, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the proposed repeal to an existing rule at 16 Texas Administrative Code (TAC), Chapter 61, ??61.120, and new rule ??61.120 to implement changes made by House Bill 3315, 84th Legislature, Regular Session (2015), relating to the composition of the Combative Sports Advisory Board, regarding the Combative Sports program. Ravi Shah, seconded by LuAnn Morgan, moved to accept the rule repeal and new rule as presented effective March 15, 2016. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Staff Reports. Bill Kuntz, Brian Francis and Brad Bowman gave reports and answered questions from the Commission.

Chairman Arismendez moved to agenda item M, Advisory Board Report. Susan Stanford with the Office of Strategic Communication gave a report and answered questions.

Chairman Arismendez moved to agenda item N, Approval of appointments of members to Advisory Board, including appointment of presiding officers:

Advisory Board of Athletic Trainers New appointment: Michael Fitch (term expires 01/31/2017). Fred Moses, seconded by LuAnn Morgan, moved to approve the appointment as presented. The motion was passed by unanimous vote.
Advisory Board on Barbering New Appointment: Ron Jemison (term expires 09/29/2021). Reappointment: Jenny Grisham (term expires 09/29/2021). Fred Moses, seconded by LuAnn Morgan, moved to approve the appointments as presented. The motion was passed by unanimous vote.
Advisory Board on Cosmetology New Appointments: LeKeatha Sorrell (term expires 09/29/2021); and Ron Robinson, Presiding Officer (term expires 09/29/2017). Reappointment: Vanessa Robbins (term expires 09/29/2021). Ravi Shah, seconded by LuAnn Morgan, moved to approve the appointments as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item O, Public Comment. There were no public comments.

Chairman Arismendez moved to agenda item P, Discussion of date, time and location of future Commission meetings. The next meeting dates were determined to be: March 9, 2016; April 13, 2016; May 18, 2016; and June 29, 2016.

Chairman Arismendez adjourned the meeting at 10:35 a.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation