Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of October 1, 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 8:40 a.m., October 1, 2019. Members present were Chairman Rick Figueroa, Vice-Chair Tom Butler, and Commissioners Dr. Ray Callas, Nora Castañeda, Joel Garza and Dr. Gary Wesson. A roll call verified that a quorum was present. Dr. Callas, seconded by Tom Butler, moved to excuse the absence of Helen Callier. Motion passed by unanimous vote.

Staff present included: Brian Francis, Executive Director; Carla James, 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, , Colleen Tran, and Wendy Pellow; Dede McEachern, Director of Licensing; Brandy Corrales, Director of Financial Services; David Gonzales, Director of Regulatory Program Management; and Christina Kaiser, Director of Enforcement.

Chairman Figueroa moved to agenda items N and O, Discussion and possible action to approve the Fiscal Year 2019 Annual Internal Audit Report including review of the Fiscal Year 2019 Audit and follow-up of prior years’ audits; and Discussion and Possible Action to approve the Fiscal Year 2020 Internal Audit Plan. Dr. Ray Callas, seconded by Joel Garza, moved to approve the Fiscal Year 2019 Audit Report and approve the Fiscal Year 2020 Internal Audit Plan. Motion passed by unanimous vote.

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. There was no action taken from the Executive Session.

Chairman Figueroa moved to agenda item F, Approval of Minutes – Meeting of August 6, 2019. Dr. Callas, seconded by Joel Garza, moved to adopt 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. Tom Butler, seconded by Dr. Ray Callas, made a motion to adopt the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number MAS20180013502 / 452-19-1089.MAS, Lissette Martinez. Dr. Ray Callas, seconded by Dr. Gary Wesson, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number MAS20180012945 / 452-19-2881.MAS, Wei Tang. Tom Butler, seconded by Dr. Ray Callas, moved to amend Conclusions of Law Nos. 10 and 12 and to suspend and probate the license for a two-year period. Motion passed by unanimous vote.

Docket Number ELC20190003205 / 452-19-4338.ELC, James Leo Farmer, Jr. Dr. Ray Callas seconded by Dr. Gary Wesson, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote.

Docket Number ELC20180013227 / 452-19-2151.ELC, Brianson Eberhart d/b/a Eberhart Electric. Dr. Gary Wesson, second by Dr. Ray Callas, 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. Respondent had car trouble and requested a continuance. Staff does not object to a continuance. Dr. Ray Callas, seconded by Dr. Gary Wesson, moved to continue the case to next Commission meeting. Motion passed by unanimous vote.

Docket Number TOW20180013600 / 452-19-1670.TOW Eric Hovelson and Amie Griffin d/b/a Blue Collar Towing. Dr. Ray Callas, seconded by Joel Garza, moved to adopt Proposal for Decision as written. Motion passed by unanimous vote.

Docket Number TOW20180010406, TOW20170018348, TOW20180008303 / 452-18-4947.TOW; Euro Star Wreckers, LLC. Respondent had car trouble and requested a continuance. Staff does not object to a continuance. Dr. Ray Callas, seconded by Dr. Gary Wesson, moved to continue the case to next Commission meeting. Motion passed by unanimous vote.

Docket Number ELC20180006696, ELC20180006698, ELC20180006701 / 452-19-2465.ELC, Paulo C. Galarce d/b/a G.E.N.R.8 Electric LLC. Dr. Ray Callas, 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, Motions for Rehearing – The Commission may consider and take any action related to the following cases, including but not limited to, rehearing matters previously decided, modifying a prior order, or entering a new order:

Docket No. 452-19-1455.ELC; ELC20180006686, Nathin L. Jwanouskos. Tom Butler, seconded by Dr. Ray Callas, moved to deny the Motion for Rehearing. Motion passed by unanimous vote.

ELC20180009034, Willie Allen Howard, III. Dr. Ray Callas, seconded by, Tom Butler, moved to deny the Motion for Rehearing. Motion passed by unanimous vote.

ELC20180013567 Glenn Stanley. Dr., Gary Wesson, seconded by Dr. Ray Callas, moved to deny the Motion for Rehearing. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item I, Discussion and possible action regarding authorizing the Presiding Officer to sign Orders in Contested Cases and Motions for Rehearing. The Commission passed this item on the agenda.

Chairman Figueroa moved to agenda item J, Discussion and possible action on proposed amendments to an existing rule at Texas Administrative Code (TAC), Chapter 85, §85.722; regarding the Vehicle Storage Facilities program. The proposed rule implements House Bill 1140, 86th Legislature, Regular Session (2019). Dr. Ray Callas, seconded by Dr. Gary Wesson, moved to adopt the rules as presented. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item K, Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter C, §112.25, regarding the Hearing Instrument Fitters and Dispensers Program. The proposed amendments update the requirements regarding examination proctors. Dr. Ray Callas, seconded by Joel Garza, moved to adopt the rules as presented with an effective date of November 8, 2019. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item L, Discussion and possible action to approve the Criminal Conviction Guidelines for Offender Education Programs. Dr. Ray Callas, seconded by Nora Castañeda, moved to approve the criminal conviction guidelines as presented. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item M, Discussion and possible action to approve updates to the Penalty Matrices for the Towing and Vehicle Storage Facility Programs. Dr. Ray Callas, seconded by Nora Castañeda, made a motion to approve the updates to the Penalty Matrices proposed by the Advisory Board. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item P, Presentation and discussion on the Sunset Review Process. Eric Beverly, Government Relations Officer provided an overview of the Texas Department of Licensing and Regulation’s Sunset Review Process and the Self Evaluation Report.

Chairman Figueroa moved to agenda item Q, Staff Reports - Briefing from agency staff on monthly activities, statistical data, personnel changes, communications and public outreach. Brian Francis, Executive Director welcomed new Commissioner. Nora Castañeda; reported that Deputy Executive Director, Mike Arismendez was at the Governor’s Executive Development Program; and noted that the next Commission meeting will be Deputy Executive Director, Carla James’ last meeting before her retirement. Additionally, Mr. Francis provided an update on the fuel metering and quality implementation.

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

The next meetings are scheduled for November 5, 2019 and December 10, 2019.

Proposed dates for the 2020 meetings are February 4, 2020, April 7, 2020, and June 1, 2020.

Chairman Figueroa adjourned the meeting at 12:13 p.m.

Rick Figueroa, Chairman
Texas Commission of Licensing and Regulation