Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of November 5, 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 8:35 a.m., November 5, 2019. Members present were Chairman Rick Figueroa, and Commissioners Helen Callier, Joel Garza and Dr. Gary Wesson. A roll call verified that a quorum was present. Commissioner Helen Callier, seconded by Joel Garza, moved to excuse the absence of Vice-Chair Tom Butler, and Commissioners Dr. Ray Callas, and Nora Castañeda. 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; Charles Johnson, Deputy General Counsel; Assistant General Counsel staff:, Elizabeth Salinas Strittmatter, Doug Jennings, Molly Fudell, Derek Burkhalter, Mark Gladney, Alex Phipps, Jessica Escobar, Colleen Tran, and Wendy Pellow; Brandy Corrales, Director of Financial Services; David Gonzales, Director of Regulatory Program Management; and Christina Kaiser, Director of Enforcement.

Chairman Figueroa moved to agenda item C, Recognize Commissioner Callas for helping to honor Lamar University Student Satchel Smith for bravery and service during Tropical Storm Imelda. Chairman passed on this item.

Chairman Figueroa moved to agenda item D, Recognize Deputy Executive Director Carla James for her service to the state of Texas.

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

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. There was no action taken from the Executive Session.

Chairman Figueroa moved to agenda item H, Approval of Minutes – Meetings of August 6, 2019 and October 1, 2019. Commissioner Joel Garza, seconded by Dr. Gary Wesson, moved to adopt the minutes as presented. Motion passed by unanimous vote. 

Chairman Figueroa moved to agenda item I, Training for Commissioners on the Public Information Act. The Commission passed this item on the agenda to a future meeting. 

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

Docket Number ACR20180016677 / 452-19-5473.ACR; Fred Williams. Commissioner Helen Callier, seconded by Joel Garza, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote. 

Docket Number APR20180014287 and APR20190005775 / 452-19-2687.APR; Okezie N. Uleanya and Friends Auto Truck and Industrial Equipment, LLC. The Commission took a brief recess. Commissioner Helen Callier, seconded by Joel Garza, moved to revoke the license and fully probate the revocation; amend the Proposal for Decision at Finding of Fact Number 20, Conclusions of Law Nos. 7, 9, 11, 12, and 13; applying the standard terms to the probation and require written notification of community supervision upon renewal or change in supervision. Motion passed by unanimous vote. 

Docket Number POD20190000985 / 452-19-2419.POD; Glenn Gregg Petty, DPM. Commissioner Dr. Gary Wesson, seconded by Joel Garza, moved to adopt the Proposal for Decision as presented. Motion passed by unanimous vote. 

Docket Number TOW20180006219 / 452-19-1481.TOW; Rodolpho Meraz d/b/a FM 1960 Wrecker. Commissioner Joel Garza moved to reject the Proposal for Decision and compel a refund. Motion died for lack of a second. Commissioner Dr. Gary Wesson, seconded by Helen Callier, moved to adopt the Proposal for Decision as presented. Motion passed by vote of 3 to 1 with Joel Garza opposed. 

Docket Number TOW20180010406, TOW20170018348, TOW20180008303 / 452-18-4947.TOW; Euro Star Wreckers, LLC. Commissioner Helen Callier, seconded by Dr. Gary Wesson, 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. Commissioner Dr. Gary Wesson, seconded by Helen Callier, made a motion to dismiss the Proposal for Decision as the Executive Director had issued an agreed order based on a settlement agreement of the parties. The motion passed by unanimous vote.

Docket Number MAS20180013792 / 452-19-0293.MAS; Hui Zhu Lu. Commissioner Dr. Gary Wesson, seconded by Helen Callier, moved to adopt the Proposal for Decision and amend Findings of Fact Numbers 1 and 8 to correct technical errors. Motion passed by unanimous vote. 

Docket Number TOW20190006143, TOW20180015824 / 452-19-3065.TOW, 452-19-3077.TOW; Christopher M. Bleam. Commissioner Helen Callier, seconded by Joel Garza, moved to adopt the Proposal for Decision, with the exception of objecting to footnote 4. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item K, Motions for RehearingThe 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 Number ACR20180013661; Le’ Darion Prevot. Commissioner Helen Callier, seconded by Joel Garza, moved to deny the Motion for Rehearing. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item L, Discussion and possible action on the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter K, §60.518, regarding the Procedural Rules of the Commission and the Department. The proposed rule implements Senate Bill (SB) 1200, 86th Legislature, Regular Session (2019), which provides for recognition of certain out-of-state licenses of military spouses. Commissioner Helen Callier, seconded by Joel Garza, moved to adopt the rules with minor technical corrections as presented with an effective date of December 1, 2019. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item M, Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 77, §77.42 and the proposed repeal of existing §77.44, regarding the Service Contract Providers and Administrators program. The proposed amendments implement House Bill 4120 of the 86th Legislature, Regular Session (2019), which allows certain service contract providers to reduce the financial security deposit. The proposed repeal removes outdated provisions which are no longer applicable to the program. Commissioner Helen Callier, seconded by Joel Garza, moved to adopt the rules as presented with an effective date of December 1, 2019. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item N, Discussion and possible action on proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 1305, §73.20, regarding the Electricians program. The proposed amendments remove the restriction on the number of hours of on-the-job experience an applicant for any electrical license may claim within a given year. Commissioner Joel Garza, seconded by Gary Wesson, moved to adopt the rules as presented with an effective date of December 1, 2019. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item O, Discussion and possible action on proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 66, §§66.20, 66.21, 66.25, 66.70, and 66.80, regarding the Property Tax Consultants program. The proposed amendments clarify registration requirements; extends the license term from one-year to two-years; increase the number of continuing education hours from 12 to 24; and reduce registration fees. This rulemaking considered comments submitted in response to rule reviews conducted pursuant to Texas Government Code §2001.039. Commissioner Helen Callier, seconded by Joel Garza, moved to adopt the rules as presented with an effective date of December 1, 2019. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item P, Discussion and possible action on Commission work group assignments and advisory board liaisons. No action taken. 

Chairman Figueroa moved to agenda item Q, Staff Reports: Briefing from agency staff on monthly activities, statistical data, personnel changes, Communications and public outreach. Eric Beverly, Government Relations Officer provided an overview on the Sunset Commission Review. Brad Bowman, General Counsel provided an update on regarding Auctioneer Education and Recovery Fund payments on the Vern Wallace cases. Mike Arismendez, Deputy Executive Director, provided an update on the Motor Fuels (FMQ) program implementation. 

Chairman Figueroa moved to agenda item R. Agenda items for future Commission Meetings. The Commission recommended Motor Fuels and Prison Re-entry update as agenda items at the next meeting. 

Chairman Figueroa moved to agenda item S, Discussion of date, time, and location of future Commission Meetings.

The next meeting is scheduled for 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 11:44 a.m.


Rick Figueroa, Chairman
Texas Commission of Licensing and Regulation