TEXAS COMMISSION OF LICENSING AND REGULATION SUMMARY OF MINUTES

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of October 20, 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, October 20, 2017. Members present were Chairman Mike Arismendez, Vice-Chair Tom Butler, Commissioners Rick Figueroa, 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; Doug Jennings, Assistant General Counsel; Charles Johnson, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Elizabeth Salinas-Strittmatter, Assistant General Counsel; Colleen Tran, Assistant General Counsel; Christina Kaiser, Director of Enforcement; and Kay Mahan, Executive Assistant.

Rick Figueroa, seconded by Tom Butler, moved to approve the minutes of the meeting of August 18, 2017. The motion was passed by unanimous vote.

Chairman Arismendez moved to agenda item H, Review, discussion, and possible action to approve the Fiscal Year 2017 Annual Internal Audit Report. Tom Butler, seconded by Rick Figueroa, moved to approve the report. The motion was passed by unanimous vote.

Deborah Yurco, seconded by Rick Figueroa, moved to excuse the absences of Commissioners Helen Callier and Ravi Shah. The motion was passed by unanimous vote.

The Commission did not meet in Executive Session.

Chairman Arismendez moved to agenda item Q, Public Comments. One comment was heard from Patrick Barrett with Driver Ed in a Box.

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

  • Behavior Analyst Advisory Board – New appointments: William Bourland, Presiding Officer (term expires 02/01/2019), Ellen Catoe (term expires 02/01/2023), Serica Cuellar (term expires 02/01/2019), Wesley Dotson (term expires 02/01/21), Dr. Joyce Mauk (term expires 02/21/2021), Bryan Russell (term expires 02/01/2019), Carol Sloan (term expires 02/01/2021), Laurie Snyder (term expires 02/01/2019), and Stephanie Sokolosky (term expires 02/01/2023).
  • Code Enforcement Officers Advisory Committee – New appointments: Teresa Adrian, Presiding Officer (term expires 02/01/2021), Richard Adams (term expires 02/01/2019), Jennifer Bernal (term expires 02/01/2021), Matthew Christianson (term expires 02/01/2023), Christylla Miles (term expires 02/01/2019), and Stuart Walker (term expires 02/01/2023).
  • Massage Therapy Advisory Board – New Appointments: David Lauterstein, Presiding Officer (term expires 09/01/2023); Carolyn Guerin (term expires 09/01/2023); Raymond Rust (term expires 09/01/2019); Susan Sparks (term expires 09/21/2021); Paul Stone (term expires 09/01/2021); Karen Vasquez (term expires 09/01/2019); and Carol Willess (term expires 09/01/2021).
  • Registered Sanitarian Advisory Committee – New Appointments: Jim Dingman, Presiding Officer (term expires 02/01/2019), Dalton Knight (term expires 02/01/2021), Steven Kotsatos (term expires 02/01/2023), Shaun May (term expires 02/01/2021), Lisa Pomroy (term expires 02/01/2019), and Terry Ricks (term expires 02/01/2023).
  • Towing and Storage Advisory Board – New Appointments: Jeremy Clark (term expires 02/01/2023), Thomas Griffin (term expires 02/01/2021), Kyle Jackson (term expires 02/01/2021), Tasha Mora (term expires 02/01/2019), and Jimmy Zuehlke (term expires 02/01/2023). Reappointment: Amy Milstead (term expires 02/01/2023).
  • Architectural Barriers Advisory Committee – Reappointments: Ronald Menard (term expires 08/31/2020), Kathy-Ann Riley (term expires 08/31/2020), and Brion Sargent (term expires 08/31/2020).
  • Dietitians Advisory Board – Reappointments: Irma Gutierrez (term expires 09/01/2023) and Matilde Ladnier (term expires 09/01/2023).
    Driver Training and Traffic Safety Advisory Committee – Reappointments: Blake Garrett (term expires 11/01/2023) and Carlos Reyna (term expires 11/01/2023).
  • Polygraph Advisory Committee – Reappointment: Sharon Brank (term expires 09/01/2023).
    Speech-Language Pathologists and Audiologists Advisory Board – Reappointments: Dr. Tammy Camp (term expires 09/01/2023) and Kimberly Ringer (term expires 09/01/2023).

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

Docket number AUC20160024646/452-17-3711.AUC, TDLR v. Darrell Wayne Narcisse, Deborah Yurco, seconded by Rick Figueroa, moved to approve the Proposal for Decision with a penalty of $250. The motion was passed with Tom Butler, Rick Figueroa and Deborah Yurco voting in favor; and Mike Arismendez voting in dissent.

Chairman Arismendez moved to agenda item G, Motions for Rehearing - consideration and possible action on the following cases:

Docket number VSF20170016982, TDLR v. Keith T. Campbell d/b/a Belton Collision Center Inc. d/b/a Harker Heights Towing. Rick Figueroa, seconded by Deborah Yurco, moved to grant the rehearing. The motion was passed by unanimous vote.

Docket number COS20170018593, TDLR v. Nam Huu Nguyen d/b/a Nail R Us. Deborah Yurco, seconded by Rick Figueroa, moved to grant the rehearing. The motion was passed by unanimous vote.

Chairman Arismendez moved back to agenda item F, Contested Cases. The final action on the Proposal for Decision is as follows:

Docket number TOW20160026975/452-17-2249.TOW, TDLR v. John Manuel Benitez. Tom Butler, seconded by Rick Figueroa, moved to approve the Proposal for Decision as presented and deny the license. The motion was passed by unanimous vote.

The meeting was recessed at 9:38 a.m.

The meeting was reconvened at 9:59 a.m.

Chairman Arismendez moved to agenda item K, Discussion and possible action on the proposed new rules at 16 Texas Administrative Code (TAC), Chapter 95, §§95.1, 95.2, 95.10, 95.20 - 95.23, 95.30, 95.31, 95.40, 95.50, 95.51, 95.70 – 95.72, 95.80, 95.90, 95.91 and 95.100, to implement House Bill 100, 85th Legislature, Regular Session (2017), which established Chapter 2402 of the Texas Occupations Code that authorizes statewide regulation of Transportation Network Companies. Public comments were heard from: Homero Lucero with Texas Commercial Airports Association; Paul Tomme with Dallas/Fort Worth International Airport; Tim Joniec with the City of Houston; Ted Kitchens with Houston Airport System; Ryan Rocha with San Antonio Airport System; Timothy Smith with Dallas Love Field; Johnnie Bond with JB Limo & Taxi Services; and Chase Bearden with Coalition of Texans with Disabilities. Deborah Yurco, seconded by Tom Butler, moved to approve the rules with amendments discussed –to create revenue surpluses and to allow authorized staff to insert an interpretation that allows vehicles (vans) to be used for accessibility, with an effective date of 12/1/2017. The motion was passed with Mike Arismendez, Tom Butler, and Deborah Yurco voting in favor; and Rick Figueroa voting in dissent.

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

Chairman Arismendez moved to agenda item S, Adjournment. The meeting was adjourned at 12:12 p.m.

Mike Arismendez, Chairman
Texas Commission of Licensing and Regulation