Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of February 18, 2020
Twin Towers Office Center
1st Floor Public Meeting Room
Austin, Texas

Summary of Minutes

Chairman Figueroa called the meeting of the Texas Commission of Licensing and Regulation to order at 8:30 a.m., February 18, 2020. Members present were Chairman Rick Figueroa, Commissioners, Dr. Ray Callas, Nora Castañeda, Joel Garza and Dr. Gary Wesson. A roll call verified that a quorum was present. Commissioner Callas, seconded by Commissioner Garza, moved to excuse the absence of Commissioners Tom Butler and Helen Callier. Motion passed by unanimous vote.

Staff present included: Brian Francis, Executive Director; Christina Kaiser, Deputy Executive Director; David Gonzales, Deputy Executive Director; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Charles Johnson, Deputy General Counsel; Assistant General Counsel staff: Elizabeth Salinas Strittmatter, Doug Jennings, Molly Fudell, Mark Gladney, Alex Phipps, Jessica Escobar, Colleen Tran, Wendy Pellow, Delma Sotero and Mia Settle; Brandy Corrales, Director of Financial Services; Charlotte Melder, Director of Regulatory Program Management; Ray Pizarro, Director of Education and Examination; and Ronald Foster, Director of Enforcement.

Chairman Figueroa moved to agenda item C, Moment of Silence and acknowledgement of employees recently passed away: Syeda Naqvi, Shayne Hawkins and Georgette Collins. Chairman Figueroa shared words of kindness, comfort and sympathy with the TDLR family and called for a moment of silence to recognize these TDLR employees.

Chairman Figueroa moved to agenda item D, Public Comment. Chairman Figueroa requested that anyone speaking on behalf of agenda items L and M defer until those agenda items are called. The Commission heard public comment from Mr. Doug Burks of Abilene, regarding Continuing Education Providers for Code Enforcement Officer.

Chairman Figueroa moved to agenda items E and F, Executive Session and Action on items discussed in Executive Session. The Commission recessed to Executive Session. There was no action taken from the Executive Session.

Chairman Figueroa moved to agenda item G, Approval of Minutes – Meeting of December 19, 2019. Commissioner Ray Callas, seconded by Commissioner Nora Castañeda, moved to adopt the minutes as presented. Motion passed by unanimous vote. 

Chairman Figueroa moved to agenda item H, Training for Commissioners on the Public Information Act. Mia Settle, Open Records Attorney and Molly Fudell, Assistant General Counsel presented the training.

Chairman Figueroa moved to agenda item I, Contested Cases - consideration and possible action (heard before State Office of Administrative Hearings):

Docket Number MAS20190004778 / 452-19-5143.MAS; Vicki Nguyen. Commissioner Ray Callas, seconded by Commissioner Gary Wesson, moved to adopt the PFD, with a modification to correct two technical errors in Findings of Fact Nos. 4 and 9, revoking Respondent’s Massage Therapist License No. MT102379 for a criminal offense. The Motion passed by unanimous vote.

Docket Number TOW20170021041, TOW20180008022, TOW20180016579, TOW20190001307, TOW20190004916 / 452-19-1735.TOW.; Gareth Francis d/b/a Lightning Towing and Recovery, et al. Commissioner Ray Callas, seconded by Commissioner Joel Garza, moved to deny a continuance, which passed by a 4-1 vote, Chairman Figueroa voted against.

Commissioner Callas, seconded by Commissioner Joel Garza, moved to adopt the PFD with modifications, adding Conclusions of Law Nos. 9, 10, 11 and 12, which in addition to the existing violations, included a provision authorizing the refund of and ordering the refund of $471.25 and $654.50 to consumers who were overcharged for tow fees; and assessing additional administrative penalties for the additional violations, for a total administrative penalty of $25,100. The vote was unanimous.

Docket Number COS20190010758 / 452-20-0402.COS; Sac Van Le. Commissioner Ray Callas, seconded by Commissioner Joel Garza, moved to adopt the PFD with no modifications revoking Respondent’s Cosmetology Manicurist License No. 1596464 for a criminal offense. Motion passed by unanimous vote. In the preamble of its order, the Commission did express disagreement with the ALJ’s conclusion that Section 51.4012(a), Occupations Code may not be used by the department to revoke an existing license, though that did not alter the ultimate decision in the PFD.

Chairman Figueroa moved to agenda item J, Motions for Rehearing – The Commission may consider and take any action related to the following case, including but not limited to, rehearing matters previously decided, modifying a prior order, or entering a new order:

Docket Number TOW20190016348; Barbara Carmona d/b/a Rios Towing. Commissioner Gary Wesson, seconded by Commissioner Ray Callas, moved to deny the Motion for Rehearing. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item K, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 70, §§70.22-70.25, §70.30, §70.60, §70.70, §70.73, and §70.101, regarding the Industrialized Housing and Buildings program. The proposed amendments implement House Bill (HB) 1385 and HB 2546, 86th Legislature, Regular Session (2019) and make clean-up and clarification changes. Commissioner Ray Callas, seconded by Commissioner Joel Garza, moved to adopt the rules as presented with an effective date of March 15, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item M, Public Comment was taken by Misty Benavides and Jennifer Smith with Toni & Guy Hairdressing Academics. Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.10; 83.20 - 83.23; 83.25; 83.28; 83.52; 83.70; 83.72; 83.74; 83.80; and 83.120; and new rule §83.77, regarding the Cosmetologists program. The proposed amendments and new rule implement necessary changes as required by the passage of House Bill (HB) 2847, 86th Legislature, Regular Session (2019). HB 2847 lowers the number of hours required to obtain a Cosmetology Operator License from 1,500 to 1,000 hours; clarifies the scope of work for certain licenses; increases the inspection cycle for certain establishments; and provides for the regulation of remote service businesses and remote services. The proposed amendments and new rule include recommendations to provide clarity and remove regulatory burdens. Commissioner Ray Callas, seconded by Commissioner Joel Garza, moved to adopt the rules as presented with an effective date of March 15, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item L, Comment was taken by Ron Jemison, Jr., of Franklin Institute Beauty & Barber. Discussion and possible action on the proposed new rules, amendments, and repeals to existing rules at 16 Texas Administrative Code (TAC), Chapter 82, regarding the Barbers program. The proposed new rules, amendments, and repeals implement necessary changes as required by the passage of House Bill (HB) 2847, 86th Legislature, Regular Session (2019). HB 2847 increases the inspection cycle for certain establishments and provides for the regulation of remote service businesses and remote services. The proposed new rules and amendments include the recommendation to lower the number of hours required to obtain a Class A Barber License from 1,500 to 1,000 and streamlines the rules to provide clarity and remove regulatory burdens. Commissioner Ray Callas, seconded by Commissioner Joel Garza, moved to adopt the rules as presented as to oversight and governance and to reduce the hours from 1,500 to 1,000 with an effective date of March 15, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item N, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter D, §84.50; Subchapter M, §§84.500 and 84.502; and Subchapter N, §84.600, regarding the Driver Education and Safety program. The proposed amendments are necessary to implement House Bill (HB) 105 and HB 2048 which modify driver training course curriculum and clarify eligibility requirements for Parent-Taught Driver Education Course instructors. Commissioner Ray Callas, seconded by Commissioner Joel Garza, moved to adopt the rules with changes with an effective date of March 15, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item O, Discussion and possible action to approve the Penalty Matrix for the Dyslexia Therapists Program. Commissioner Gary Wesson, seconded by Commissioner Ray Callas, moved to approve the penalty matrix as presented. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item P, Discussion and possible action to approve the Penalty Matrix for the Behavior Analysts Program. Commissioner Ray Callas, seconded by Commissioner Nora Castañeda, moved to approve the penalty matrix as presented. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item Q, Commission Work Group Reports – including update from work groups, discussion, and possible action on items discussed. Steve Bruno, Government Relations Specialist provided an update on the workgroup activities and next steps. No action was taken.

Chairman Figueroa moved to agenda item R, Staff Reports - Briefing from agency staff on monthly activities, statistical data, personnel changes, communications and public outreach. Brian Francis, Executive Director introduced the Anti Human Trafficking Team and provided an update on the Strategic Planning Process. Victoria Casas, Chief Information Security Officer provided an overview of House Bill 3834 of the 86th (R) Legislative Session, requiring Cyber Security Training. Christina Kaiser, Deputy Executive Director reported on promotions and new hires.

Chairman Figueroa moved to agenda item S, Agenda items for future Commission Meetings There was no discussion on this item.

Chairman Figueroa moved to agenda item T, Discussion of date, time, and location of future Commission Meetings. Next meeting date was set for April 7, 2020.

Chairman Figueroa moved to agenda item D, Public Comment. There was no public comment. 

Commissioner Gary Wesson seconded by Commissioner Joel Garza moved to adjourn the meeting. Motion passed by unanimous vote. Chairman Figueroa adjourned the meeting at 11:59 a.m.


Rick Figueroa, Chairman
Texas Commission of Licensing and Regulation