Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of July 15, 2019
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., Monday, July 15, 2019. Members present were Chairman Rick Figueroa, Commissioners Helen Callier, Joel Garza, and Dr. Gary Wesson. A roll call verified that a quorum was present. Helen Callier, seconded by Joel Garza, made a motion to excuse the absence of Vice-Chair, Tom Butler and Dr. Ray Callas. Motion passed by unanimous vote.

Staff present included: Brian Francis, Executive Director; Carla James, Deputy Executive Director; Mike Arismendez, Deputy Executive Director; Assistant General Counsel staff: Charles Johnson, Wendy Pellow, Derek Burkhalter, Collen Tran, and Doug Jennings; David Gonzales, Director of Regulatory Program Management; Christina Kaiser, Director of Enforcement; Dede McEachern, Director of Licensing; and Tamala Fletcher, Executive Assistant.

Chairman Figueroa moved to agenda item C, Moment of silence for Combative Sports Advisory Board member – Chris Reed. Board member Chris Reed passed away in a boating accident on June 7, 2019.

Chairman Figueroa moved to agenda item D, Recognition of service for Commissioners Mike Arismendez and Deborah Yurco. The Commission thanked former Commissioners Arismendez and Yurco for their service and honored them with presentations. 

Chairman Figueroa moved to agenda item E, Public Comment. The Commission heard public comment from Mike Marshall in support of the Criminal Conviction Guidelines for the Mold Assessors and Remediators Program.

Chairman Figueroa moved to agenda items F and G, 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 Figueroa moved to agenda item H, Approval of Minutes – Meeting March 22, 2019. Helen Callier, seconded by Dr. Gary Wesson, made a motion to accept the minutes as presented. Motion passed by a vote of 4 to 0.

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

Docket Number TOW20180001636, VSF20180002931 / 452-18-1359.TOW; Andres Cevallos, III. Dr. Gary Wesson, seconded by Helen Callier, moved to accept the Proposal for Decision and modify Conclusion of Law No. 14 and correct the date of conviction in Finding of Fact No. 9. Motion passed by unanimous vote.

Docket Number VSF20190001336 / 452-19-0789.VSF; Subhi H. Abuhamra d/b/a Body Shop Auto Storage and d/b/a South West Car Zone Auto Storage. Helen Callier, seconded by Joel Garza, moved to accept the Proposal for Decision as presented with an enhanced administrative penalty. Motion passed by unanimous vote.

Docket Number APR20180004350, APR20180015387 / 452-19-0755.APR; Natividad B. Hernandez d/b/a Natividad Salvage Yard. Helen Callier, seconded by Dr. Gary Wesson, moved to revoke and deny renewal of the license and accept the Proposal for Decision with the Administrative Law Judge’s corrections to Finding of Fact No. 3 and Conclusions of Law No. 5, 12, and 15. Motion passed by unanimous vote.

Docket Number BAR20190002761, BAR20190002760 / 452-19-1065.BAR; Clarence E. Kelly, Individually and d/b/a Gentlemen's Den. Dr. Gary Wesson, seconded by Helen Callier, moved to modify the Proposal for Decision to grant a probated revocation for one year and to allow of the renewal of the barber license. Motion passed by unanimous vote.

Docket Number ELC20180014170 / 452-19-1459.ELC; Brandon J. Taylor Thomas. Helen Callier, seconded by Joel Garza, moved to accept the Proposal for Decision and correct Finding of Fact No. 15 to correct a typo.  Motion passed by unanimous vote.

Docket Number ELC20190002091 / 452-19-0767.ELC; Alex Silva. Joel Garza, seconded by Dr. Gary Wesson, moved to modify the Proposal for Decision at Finding of Fact No. 23 and Conclusion of Law No. 12 and grant the license with one-year probation. Motion passed by unanimous vote.

Docket Number TOW20180006831 / 452-19-0331.TOW; Jesus E. Rebollosa. Helen Callier, seconded by Joel Garza, moved to accept the Proposal for Decision as presented. Motion passed by unanimous vote.

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

Case Number, ELC20180012037; Jessie L. Weimer. Dr. Gary Wesson, seconded by Joel Garza, 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 repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 57, §§57.1, 57.10, 57.21 - 57.23, 57.25, 57.70 – 57.72, 57.80, and 57.90, regarding the For-Profit Legal Service Contract Companies program. The proposed repeal is necessary to implement Senate Bill 2065 and House Bill 2113, 85th Legislature, Regular Session, 2017, which eliminated the statewide registration requirements and regulation by the Department of for-profit legal service contract companies, administrators, and sales representatives. Wendy Pellow, Asst. General Counsel provided an overview of the rules. Helen Callier, seconded by Joel Garza, made a motion to accept the rules as presented with an effective date of September 1, 2019. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item L, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter C, §§130.30-130.32; Subchapter D, §130.40 and §§130.42-130.44; Subchapter E, §130.51; Subchapter F, §130.60; and Subchapter G, §130.72; and proposed new rules at Subchapter D, §130.49; Subchapter E, §130.58; Subchapter F, §130.61, and Subchapter G, §130.74, regarding the Podiatric Medicine program. The proposed rules implement a two-year license, voluntary charity care status, and prescription monitoring guidelines; lower annual fees; streamline and clarify certain provisions; provide for the adoption of a penalty matrix; and bring the rules in line with current statutory requirements. Colleen Tran, Asst. General Counsel provided an overview of the rules. Dr. Gary Wesson, seconded by Joel Garza, made a motion to adopt the rules as presented with an effective date of September 1, 2019. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item M, Discussion and possible action to approve the Criminal Conviction Guidelines for the Laser Hair Removal program. Ken Sharp, Staff Attorney provided an overview of the Criminal Conviction Guidelines. Dr. Gary Wesson, seconded by Helen Callier, made a motion to adopt the Criminal Conviction Guidelines as presented. Motion passed by unanimous vote.  

Chairman Figueroa moved to agenda item N, Discussion and possible action to approve the Criminal Conviction Guidelines for the Mold Assessors and Remediators program. Trevor Theilen, Staff Attorney provided an overview of the Criminal Conviction Guidelines. Dr. Gary Wesson, seconded by Joel Garza, made a motion to adopt the Criminal Conviction Guidelines. Motion passed by unanimous vote. 

Chairman Figueroa moved to agenda item O, Discussion and possible action to approve an update to the Criminal Conviction Guidelines for the Massage Therapy program. Trevor Theilen, Staff Attorney provided an overview of the Criminal Conviction Guidelines. Helen Callier, seconded by Dr. Gary Wesson, made a motion to adopt the Criminal Conviction Guidelines. Motion passed by unanimous vote. 

Chairman Figueroa moved to agenda item P, Discussion and possible action to approve the Penalty Matrix for the Massage Therapy program. Chris Funderburg, Staff Attorney provided an overview of the Penalty Matrix. Dr. Gary Wesson, seconded by Joel Garza, made a motion to adopt the Penalty Matrix. Motion passed by unanimous vote. 

Chairman Figueroa moved to agenda item Q, Discussion and possible action to approve an update to the Penalty Matrix for the Air Conditioning and Refrigeration program. John Medlock, Staff Attorney provided an overview of the Penalty Matrix. Helen Callier, seconded by Joel Garza, made a motion to adopt the penalty matrix. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item R, Approval of appointments and/or reappointment of members to Advisory Boards, including appointment of presiding officers. Dr. Gary Wesson, seconded by Joel Garza, made a motion to approve the Chairman’s board appointments and reappointments. Motion passed by unanimous vote.

APPOINTMENTS:

Air Conditioning and Refrigeration Contractors Advisory Board
Flor Lujan, El Paso, TX

Auctioneer Advisory Board
Martin A. Pessink, Gladewater, TX
Mark Guillermo Schroeder, San Antonio, TX
James Beasley, Arlington, TX

Behavior Analyst Advisory Board
Amanda Nichols, Cypress, TX

Code Enforcement Officers Advisory Committee
Jyoti Naik, Port Lavaca, TX

Driver Training and Traffic Safety Advisory Committee Reginald K. Thomas, Austin, TX

Elevator Advisory Board
Sheila Swett, Houston, TX

Hearing Instrument Fitters and Dispensers Advisory Board
Lance Robert Brooks, Paris, TX

Midwives Advisory Board
Roxanne N. Anderson, Grand Prairie, TX
Christy Martin, Fort Worth, TX
Erica Steele, San Marcos, TX

Texas Water Well Drillers Advisory Council
George E. Johnson, Sr., Rosharon, TX

REAPPOINTMENTS:

Air Conditioning and Refrigeration Contractors Advisory Board
 Dolores Compean III, Richmond, TX as Presiding Officer
Jerry Bitner, Round Rock, TX

Elevator Advisory Board
Nancy Crumley, Austin, TX
Jerry Matheny, San Antonio, TX

Licensed Breeders Advisory Committee
Steve Epperson, Brownsboro, TX as Presiding Officer
Melanie Mercer, Canton, TX
Kimberly Papke, McKinney, TX

Midwives Advisory Board
Laurie Fremgen, Austin, TX

Chairman Figueroa moved to agenda item S, Discussion and possible action on the Appointment of Commission/Advisory Board Liaisons and to appoint members to Commission Workgroups. The Commission passed this item on the agenda.
Chairman Figueroa moved to agenda item T, Staff Reports and Briefing from agency staff. Brian Francis, Executive Director, and Deputy Executive Directors, Mike Arismendez and Carla James provided staff briefings.

Commissioner Callier adjourned the meeting at 1:11 p.m. after the Commission lost quorum during a break.

Rick Figueroa, Chairman
Texas Commission of Licensing and Regulation