TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of August 18, 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 8:41 a.m., Friday, August 18, 2017. Members present were Chairman Mike Arismendez, Vice-Chair Tom Butler, Commissioners Helen Callier, Rick Figueroa, Ravi Shah, and Deborah Yurco. 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; Della Lindquist, Deputy General Counsel; Doug Jennings, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Laura Pfefferle, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; and Kay Mahan, Executive Assistant.

Helen Callier, seconded by Rick Figueroa, moved to excuse the absence of Commissioner Deborah Yurco. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item C, Executive Session at 8:42 a.m.

The open meeting reconvened at 9:12 a.m.

There was no action taken on the Executive Session.

Rick Figueroa, seconded by Tom Butler, moved to approve the minutes of the meeting of June 16, 2017. The motion was passed by unanimous vote.

Chairman Arismendez recognized Michael Kelley and Bob Rennich, TDLR employees who were attending their last Commission meeting with TDLR.

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

Docket number COS20160026915/452-17-3369.COS, TDLR v. That Van Huynh d/b/a Regal Nails. Rick Figueroa, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170003673/452-17-2356.ELC, TDLR v. Willie Deason. Helen Callier, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20160023207/452-17-1836.ELC, TDLR v. Joshua Lira. Helen Callier, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170000727/452-17-2248.ELC, TDLR v. Raymond Lee Mabry. Rick Figueroa, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170003810/452-17-2709.ELC, TDLR v. Angel Rutiaga. Ravi Shah, seconded by Tom Butler, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20160025389/452-17-2362.TOW, TDLR v. Steven W. Hutchinson. Rick Figueroa, seconded by Ravi Shah, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number ELC20170007445/452-17-3527.ELC, TDLR v. Gilbert G. Sanchez. Helen Callier, seconded by Rick Figueroa, moved to accept the Proposal for Decision as presented. The motion was passed by unanimous vote.

Docket number TOW20170006431/452-17-2860.TOW, TDLR v. Benjamin S. Henderson. Ravi Shah, seconded by Helen Callier, moved to accept the Proposal for Decision as presented. 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 COS20170008691, TDLR v. Adriana Gutierrez d/b/a Elaina’s Beauty Salon. Rick Figueroa, seconded by Helen Callier, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number COS20170009011, TDLR v. John Trimble d/b/a M Spa. Ravi Shah, seconded by Helen Callier, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number COS20170011325, TDLR v. Thao Nguyen d/b/a EZ Nails. Rick Figueroa, seconded by Ravi Shah, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number EAB20170012306, TDLR v. Hawkins-Khoh Partners LLC. Rick Figueroa, seconded by Helen Callier, moved to deny the rehearing. The motion was passed by unanimous vote.

Docket number ELE20170011936, TDLR v. GP Hotel Dallas LLC. The Commission took no action on this case.

Docket number ELE20150019128, TDLR v. William D. Abraham. Rick Figueroa, seconded by Tom Butler, moved to deny a rehearing on items 1-4; and to grant a rehearing on item 5. The motion was passed by unanimous vote.

The meeting was recessed at 10:15 a.m.

The meeting reconvened at 10:32 a.m.

Chairman Arismendez moved to agenda item H, Overview and possible discussion of Phase II rule implementation for Senate Bill 202, 84th Legislature, Regular Session (2015); which transferred six programs from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Wendy Pellow gave an overview to the Commission and answered their questions.

Chairman Arismendez moved to agenda item I, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 90, Subchapter A, §90.1, §90.10; Subchapter B, §§90.20 – 90.27; Subchapter C, §§90.30 – 90.34; Subchapter D, §§90.40 – 90.49; Subchapter E, §§90.50 – 90.54; Subchapter F, §90.80; and Subchapter G, §§90.90 – 90.94, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the Offender Education programs from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Rick Figueroa, seconded by Helen Callier, moved to approve the rules with an effective date of November 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item J, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 78 §§78.1, 78.10, 78.20 – 78.22, 78.24, 78.25, 78.30, 78.40, 78.50, 78.52, 78.54, 78.56, 78.58, 78.60, 78.62, 78.64, 78.66, 78.68, 78.70, 78.72, 78.74, 78.80, 78.85, 78.90, 78.92, 78.100, 78.110, 78.120, 78.130, 78.140 and 78.150, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the Mold Assessors and Remediators program from the Texas Department of State Health Service to the Texas Department of Licensing and Regulation. Rick Figueroa, seconded by Ravi Shah, moved to approve the rules with an effective date of November 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter A, §117.1 and §117.2; Subchapter C, §§117.20 – 117.24; Subchapter D, §§117.30 – 117.34; Subchapter E, §117.40 and §117.41; Subchapter F, §§117.50 – 117.68; Subchapter G, §117.80 – 117.85; Subchapter H, §§117.90 – 117.93; Subchapter I, §117.100; Subchapter J, §§117.110 – 117.112, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the Massage Therapy program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Rick Figueroa, seconded by Ravi Shah, moved to approve the rules with an effective date of November 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item L, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 118, §§118.1 – 118.3, 118.10, 118.20, 118.30 – 118.35, 118.40, 118.50, 118.60, 118.61, 118.70, 118.71, 118.80, 118.90, 118.91, 118.100 and 118.110 to implement Senate Bill 202, 84th Legislature, Regular Session (2015) which transfers the Laser Hair Removal program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Rick Figueroa, seconded by Helen Callier, moved to approve the rules with an effective date of November 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item M, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 62, §§62.1, 62.10, 62.20 – 62.25, 62.30, 62.65, 62.70 – 62.72, 62.80, 62.90 and 62.91, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the Code Enforcement Officers program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Helen Callier, seconded by Rick Figueroa, moved to approve §§62.1, 62.10 (with changes) and 62.65 with an effective date of September 15, 2017; and the remaining rules including changes to §62.80 with an effective date of November 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item N, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 119, §§119.1 – 119.3, 119.10 – 119.15, 119.20, 119.21, 119.23, 119.24, 119.26, 119.27, 119.70, 119.80, 119.90 and 119.95, to implement Senate Bill 202, 84th Legislature, Regular Session (2015), which transfers the Sanitarians program from the Texas Department of State Health Services to the Texas Department of Licensing and Regulation. Tom Butler, seconded by Rick Figueroa, moved to approve the rules with changes to §§119.1, 119.2, 119.10 – 119.15 with an effective date of September 15, 2017; and changes to §§119.21, 119.23, 119.24, 119.26, 119.27, 119.70 and 119.80 with an effective date of November 1, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item O, Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 73, §73.100. The proposed amendments adopt the 2017 National Electrical Code as approved by the National Fire Protection Association, regarding the Electricians program. Ravi Shah, seconded by Rick Figueroa, moved to approve the rule amendments with an effective date of September 15, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item P, Discussion and possible action on the proposed rule amendments to an existing rule at 16 Texas Administrative Code, Chapter 75, §75.110. The proposed amendments adopt the 2015 edition of the Uniform Mechanical Code, International Mechanical Code, International Residential Code, and other applicable codes, regarding the Air Conditioning and Refrigeration program. Rick Figueroa, seconded by Ravi Shah, moved to approve the rule amendments with an effective date of September 15, 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 Speech-Language Pathologists and Audiologists program. Rick Figueroa, seconded by Ravi Shah, moved to approve the penalty matrix as presented. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item R, Discussion and possible approval of the Penalty Matrix for the Hearing Instrument Fitters and Dispensers program. Rick Figueroa, seconded by Ravi Shah, moved to approve the penalty matrix as presented. The motion was passed by unanimous vote.

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

Air Conditioning and Refrigeration Contractors Advisory Board – New appointments: Gary D. Hulsey (term expires 02/01/2019), Robert B. Standley (term expires 02/01/2021), William R. Weatherly (term expires 02/01/2023) and Delores Compean, III, Presiding Officer (term expires 02/01/2019).
Elevator Advisory Board – Reappointments: Bryan R. Morris, Presiding Officer (term expires 11/01/2019), Scott Anderson (term expires 11/01/2019), Grayson D. Gill, Jr. (term expires 11/01/2019), and Greg Tamez (term expires 11/01/2019).
Licensed Breeders Advisory Committee – New appointments: Cynthia Rothermel (term expires 02/01/2021), and Andrea Greig (term expires 02/01/2021); and Reappointments: Richard Cordes (term expires 02/01/2021), Babette Ellis (term expires 02/01/2021), and Joseph Levine (term expires 02/01/2021).
Midwives Advisory Board – New appointment: Destiny Hooper (term expires 01/31/2023).
Texas Tax Professionals Advisory Committee – New appointment: Brian D. Newnan (term expires 03/01/2023); and Brian Ebersold (term expires 03/01/2023).

Chairman Arismendez moved to agenda item T, Staff Reports. No staff reports were given.

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

Chairman Arismendez moved to agenda item W, Discussion of date, time, and location of future Commission meetings. The next meetings were determined to be October 20, 2017, December 8, 2017, March 30, 2018, and May 25, 2018.

Chairman Arismendez moved to agenda item X, Adjournment. The meeting was adjourned at 11:43 a.m.

Mike Arismendez, Chairman

Texas Commission of Licensing and Regulation