Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of August 6, 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., August 6, 2019. Members present were Chairman Rick Figueroa, Vice-Chair Tom Butler, and Commissioners Helen Callier and Dr. Gary Wesson. A roll call verified that a quorum was present. Helen Callier, seconded by Gary Wesson, made a motion to excuse the absence of Dr. Ray Callas and Joel Garza. Motion passed by unanimous vote.

Staff present included: Brian Francis, Executive Director; Carla James, Deputy Executive Director; Mike Arismendez, Deputy Executive Director; Brad Bowman, General Counsel; Della Lindquist, Deputy General Counsel; Assistant General Counsel staff: Charles Johnson, Derek Burkhalter, Mark Gladney, and Wendy Pellow; Dede McEachern, Director of Licensing; Brandy Corrales, Director of Financial Services; Sharon Homoya, Personnel Director; Ray Pizarro, Director of Education and Examination; and Tamala Fletcher, Executive Assistant.

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

Chairman Figueroa moved to agenda items D and E, Executive Session and Action on items discussed in Executive Session. The Commission recessed to Executive Session. The Commission discussed the Executive Director’s salary during the Executive Session. Helen Callier, seconded by Tom Butler, voted to increase the Executive Director’s pay. The motion passed by unanimous vote.

Chairman Figueroa moved to agenda item F, Approval of Minutes – Meeting of July 15, 2019. Helen Callier, seconded by Tom Butler, made a motion to accept the minutes as presented. Motion passed by unanimous vote.

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

Docket Number BAR20180002908 / 452-19-1476.BAR; Brandon Rollerson. The Commission continued this item to a future agenda.

Docket Number ELE20170021816, ELE20170022493 / 452-18-4946.ELE; Aithr Dealer, Inc. Tom Butler, seconded by Helen Callier, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number TOW20180014259 / 452-18-4987.TOW; Allied Collision Center, Inc. The Commission continued this item to a future agenda.

Docket Number TOW20180010406, TOW20170018348, TOW20180008303 / 452-18-4947.TOW; Euro Star Wreckers, LLC. The Commission continued this item to a future agenda.

Docket Number ELC20180006696, ELC20180006698, ELC20180006701 / 452-19-2465.ELC;
Paulo C. Galarce. The Commission continued this item to a future agenda.

Docket Number BAR20180015081 / 452-19-1471.BAR; Freddie Anderson. Tom Butler, seconded by Dr. Gary Wesson, moved to deny the Proposal for Decision as presented and amend Conclusions of Law Numbers: 10, 11, and 12. Motion passed by unanimous vote.

Docket Number ELC20180006686 / 452-19-1455.ELC; Nathin Jwanouskos. Helen Callier, seconded by Tom Butler, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number TOW20190001661 / 452-19-1473.TOW; Juan A. DeLeon. Dr. Gary Wesson, seconded by Tom Butler, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item H, Training for Commission Members on Open Meetings Act, Complaint Resolution Process Training, Administrative Procedure Act – Contested Cases and Motions for Rehearing and House Bill 1342 relating to a person’s eligibility for an occupational license; providing an administrative penalty. General Counsel staff members provided an overview on the topics listed about.

Chairman Figueroa moved to agenda item I, Presentation and discussion on the Bill Implementation Timeline and Sunset Review Process. Eric Beverly, Steve Bruno and Colleen Tran provided an Overview of the Bill Implementation Process and Timeline and an Overview of Texas Department of Licensing Regulation Sunset Review Process.

Chairman Figueroa moved to agenda item J, Discussion and possible action to Appoint members as Advisory Board Liaisons and Appoint members to Commission workgroups. The Commission made the following appointments:

Chairman Rick Figueroa: Massage Therapy Advisory Board
Elevator Advisory Board
Hearing Instruments Fitters and Dispensers Advisory Board
Motorcycle Safety
Auctioneer Advisory Board
Licensed Breeders Advisory Committee
Registered Sanitarians Advisory Committee

Commissioner Tom Butler: Massage Therapy Advisory Board
Midwives Advisory Board
Electrical Safety and Licensing Advisory Board
Polygraph Advisory Committee
Property Tax Consultants Advisory Committee
Property Tax Professional Advisory Committee

Commissioner Ray Callas: Midwives Advisory Board
Electrical Safety and Licensing Advisory Board
Podiatry Advisory Board
Athletic Trainers Advisory Board
Combative Sports Advisory Board
Orthotists and Prosthetists Advisory Board

Commissioner Helen Callier: Advisory Board on Cosmetology
Towing and Storage Advisory Board
Elimination of Architectural Barriers Advisory Committee
Board of Boiler Rules
Industrial Housing and Building Code Council
Air Conditioning and Refrigeration Contractors Advisory Board
Property Tax Consultants Advisory Committee
Water Well Drillers Advisory Council

Commissioner Nora Castaneda: Motorcycle Safety
Air Conditioning and Refrigeration Contractors Advisory Board
Dyslexia Therapists Advisory Committee
Licensed Breeders Advisory Committee
Polygraph Advisory Committee
Registered Sanitarians Advisory Committee

Commissioner Joel Garza: Advisory Board on Cosmetology
Advisory Board on Barbering
Industrial Housing and Building Code Council
Athletic Trainers Advisory Board
Combative Sports Advisory Board
Code Enforcement Officers Advisory Committee

Commissioner Gary Wesson: Driver Training and Traffic Safety Advisory Committee
Podiatry Advisory Board
Speech-Language Pathologists and Audiologists Advisory Board
Behavior Analysts Advisory Board
Code Enforcement Officers Advisory Committee
Dyslexia Therapists Advisory Committee
Weather Modification Advisory Committee

Tom Butler, seconded by Dr. Gary Wesson, made a motion to accept the Commission Chairman’s recommendations for board assignments. Motion passed by unanimous vote.

The commission made the following Appointments to the Commission workgroups:

  • Audit/Finance Workgroup
  • Bill Implementation Workgroup
  • Human Resources Workgroup
  • Innovation Workgroup
  • Strategic Plan and Legislative Appropriation Requests Workgroup

Audit/Finance
Commissioner Tom Butler, Chair
Commissioner Ray Callas, Member
Commissioner Joel Garza, Member

Bill Implementation
Chairman Rick Figueroa, Chair
Commissioner Nora Castaneda, Member
Commissioner Gary Wesson, Member

Human Resources
Chairman Rick Figueroa, Chair
Commissioner Tom Butler, Member
Commissioner Joel Garza, Member

Innovation
Commissioner Gary Wesson, Chair
Commissioner Helen Callier, Member
Commissioner Nora Castaneda, Member

Sunset/Strat Plan/LAR
Commissioner Helen Callier, Chair
Commissioner Ray Callas, Member
Commissioner Gary Wesson, Member

Tom Butler, seconded by Helen Callier, made a motion to accept the Commission Chairman’s recommendations to the Commission workgroups. The motion passed by unanimous vote.

Chairman Figueroa moved to agenda item L, Discussion of date, time and location of the next meetings.

  • October 1, 2019
  • November 5, 2019
  • December 10, 2019

Commissioner Callier adjourned the meeting at 12:29 p.m.

Rick Figueroa, Chairman
Texas Commission of Licensing and Regulation