Texas Commission of Licensing and Regulation
Summary of Minutes

TEXAS COMMISSION OF LICENSING AND REGULATION
Meeting of December 20, 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 8:32 a.m., December 20, 2019. Members present were Chairman Rick Figueroa, Commissioners, Tom Butler, Helen Callier and Dr. Gary Wesson. A roll call verified that a quorum was present. Commissioner Callier, seconded by Commissioner Butler, moved to excuse the absence of Commissioners Dr. Ray Callas, Nora Castaneda and Joel Garza. Motion passed by unanimous vote. 

Staff present included: Brian Francis, Executive Director; Christina Kaiser, Deputy Executive Director; David Gonzales, Deputy Executive Director; Brad Bowman, General Counsel; Della Lindquist, 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; Charlotte Melder, Director of Regulatory Program Management; Ray Pizarro, Director of Education and Examination; and Ronald Foster, Director of Enforcement.

Chairman Figueroa moved to agenda item G, Approval of Minutes – Meeting of November 5, 2019. Commissioner Tom Butler, seconded by Commissioner Helen Callier, moved to adopt the minutes as presented. Motion passed by unanimous vote. 

Chairman Figueroa moved to agenda item K, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 65, Subchapter A, §65.2; Subchapter C, §65.12; and Subchapter I §65.64, regarding the Boilers program. The proposed amendments to §65.12 implement §6.002 of House Bill (HB) 2847, Article 6, 86th Legislature, Regular Session (2019), which amends Health and Safety Code §755.029(c), removing the requirement to post boiler certificates of operation under glass. The proposed amendments to §65.2 and §65.64 add new definitions and specify conditions under which boiler operators may obtain extensions of the interval between internal boiler inspections. Commissioner Helen Callier, seconded by Commissioner Gary Wesson, moved to adopt the amendment to §65.12 as presented with an effective date of February 1, 2020, with consideration of proposed amendments to §65.2 and §65.64 to be postponed as presented. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item L, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.23; Subchapter D, §60.40, and Subchapter I, §60.306; new rule Subchapter D, §60.36; and the repeal of Subchapter I, §60.302 regarding the Procedural Rules of the Commission and the Department. The proposed amendments implement House Bill (HB) 1342, 86th Legislature, Regular Session (2019) which amends Texas Occupations Code, Chapter 51, to provide the Commission and Executive Director the authority to issue restricted licenses to certain professions and to provide for a person to be eligible to reapply for a license under certain circumstances. The proposed amendments also implement HB 1899 which amends Texas Occupations Code, Chapter 108, to require mandatory denial or revocation of licensure for certain health care professionals. Commissioner Tom Butler, seconded by Commissioner Helen Callier, moved to adopt the rules as presented with an effective date of February 1, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item M, Discussion and possible action on the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.71, regarding the Electricians program. The proposed new rule implements House Bill (HB) 1342, 86th Legislature, Regular Session (2019). Section 2 of HB 1342 authorizes the Texas Commission of Licensing and Regulation and the Department’s Executive Director to issue a restricted license to a person as an alternative to denying, revoking, suspending, or refusing to issue a license. Section 2 also authorizes the Department to impose reasonable conditions on a holder of a restricted license. Commissioner Tom Butler, seconded by Commissioner Helen Callier, moved to adopt the rules as presented with an effective date of February 1, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item N, Discussion and possible action on the proposed new rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.75, regarding the Air Conditioning and Refrigeration program. The proposed new rule implements House Bill (HB) 1342, 86th Legislature, Regular Session (2019). Section 2 of HB 1342 authorizes the Texas Commission of Licensing and Regulation and the Department’s Executive Director to issue a restricted license to a person as an alternative to denying, revoking, suspending, or refusing to issue a license. Section 2 also authorizes the Department to impose reasonable conditions on a holder of a restricted license. Commissioner Tom Butler, seconded by Commissioner Helen Callier, moved to adopt the rules as presented with an effective date of February 1, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item O, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 87, §§87.15, 87.44, 87.45, and 87.85, and proposed repeal of existing rules at §§87.24, 87.25, 87.26, and 87.46, regarding the Used Automotive Parts Recyclers program. The proposed rules are necessary to implement House Bill 2847, Article 15, 86th Legislature, Regular Session (2019), which amended Chapter 2309, Occupations Code, by: (1) repealing the licensing requirement and fees for employees working at UAPR facilities; (2) repealing the provisions requiring risk-based inspections and fees for repeat violators of Chapter 2309, Occupations Code; and (3) increasing the periodic inspection time period to every four years. This agenda item includes discussion of any public comments received on the proposed rules. Commissioner Helen Callier, seconded by Commissioner Gary Wesson, moved to adopt the rules as presented with an effective date of February 1, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item P, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 114, §§114.10, 114.20, 114.21, 114.23, 114.28, 114.50, 114.80, and 114.90, and the rule chapter heading, regarding the Orthotists and Prosthetists program. The proposed amendments implement House Bill (HB) 2847, Article 11, 86th Legislature, Regular Session (2019), which repeals §605.002(19), (20), and (21), Definitions, and §605.259, Technician Registration, from the Occupations Code, eliminating the technician registration from the Orthotists and Prosthetists program. The proposed rules are necessary to remove all requirements in Chapter 114 that are related to the technician registration. Other amendments improve consistency with the statute, remove unnecessary text, and improve a wording choice. Commissioner Tom Butler, seconded by Commissioner Gary Wesson, moved to adopt the rules as presented, with the one correction to §114.28 as presented, with an effective date of February 1, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item Q, Discussion and possibleaction on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter A, §117.2; Subchapter C, §§117.20,117.21, and 117.23; Subchapter D, §117.31; Subchapter E, §117.40; Subchapter F, §§117.50 - 117.55, §§117.57 - 117.59, 117.61, 117.62, and 117.64 - 117.68; Subchapter G, §§117.80, 117.82, and 117.83; Subchapter H, §§117.90, 117.91, and 117.93; Subchapter I, §117.100; new rule Subchapter C, §117.25, and repeal Subchapter F, §§117.56 and 117.60 regarding the Massage Therapy Program. The proposed rules implement necessary changes required by House Bill 1865 and House Bill 2747, 86th Legislature, Regular Session (2019). The proposed rules also include recommendations from the Massage Therapy Advisory Board Standard of Care workgroup and from the Advisory Board's Education and Examination workgroup. Commissioner Tom Butler, seconded by Commissioner Gary Wesson, moved to adopt the rules as presented, with the removal of the federal requirement in §117.64 as presented, with an effective date of February 1, 2020. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item R, Discussion and possible action to approve the Penalty Matrix for the Code Enforcement Officers Program. Commissioner Tom Butler, seconded by Commissioner Gary Wesson, moved to approve the penalty matrix as presented. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item S, Approval of appointments and or reappointment of members to Advisory Boards, including appointment of presiding officers:

Appointment to the following Boards:

Combative Sports Advisory Board

  • Maurice Watkins, Crosby, TX

Dietitians Advisory Board

  • Nisha Weems, Dallas, TX

Dyslexia Therapists and Practitioners Advisory Committee

  • Michelle Smiley, Houston, TX

Electrical Safety and Licensing Advisory Board

  • Troy Webb, Deer Park, TX

Massage Therapy Advisory Board

  • Kitra Tailor, Dallas, TX

Motorcycle Safety Advisory Board

  • Keith Rovell, Houston, TX
  • Roger Bowles, Clifton, TX
  • Chris Litfin, Carrollton, TX
  • Rickey Wyatt, Conroe, TX
  • Robert Richman,Wimberley, TX
  • Michael Manser, Austin, TX
  • John McNew III, Bryan, TX
  • Rowan Schexnyder, Atlanta, TX
  • Jeffrey Alford, Austin, TX

Orthotists and Prosthetists Advisory Board

  • Ray Smith, Victoria, TX
  • Mark Kirchner, Spring Branch, TX

Polygraph Advisory Committee

  • Dorothy Horn, Round Rock, TX

Registered Sanitarian Advisory Committee

  • Victor Morales, El Paso, TX

Towing and Storage Advisory Board

  • Charles Rash, Houston, TX
  • Ken W. Ulmer, Houston, TX 
  • Gary Hoffman, Robinson, TX

Water Well Drillers Advisory Council

  • Alvaro Rosales, Katy, TX

Re-appointments to the following boards:

Architectural Barriers Advisory Board

  • Michael McDonald, Round Rock, TX
  • Rob Roy Parnell, Austin, TX

Auctioneer Advisory Board

  • Rick Stroud, Boerne, TX
  • Justin Adcock, Hammond, LA

Advisory Board on Barbering

  • James Bowens, Austin, TX
  • Michelle Wasser, Austin, TX

Advisory Board on Cosmetology

  • Ron Robinson, Waco, TX
  • Natalie Inderman, Shallowater, TX
  • Aleshia Rivera, Mt. Pleasant, TX
  • Anthony Anderson, Spring Branch, TX

Dietitians Advisory Board

  • Aida “Letty” Moreno-Brown, El Paso, TX
  • Grace E. White, Fort Worth, TX
  • LeAnne Skinner, Austin, TX

Elevator Advisory Board

  • Bryan Morris, El Paso, TX
  • Grayson D. Gill, Dallas, TX
  • Scott Anderson, Houston, TX
  • Greg Tamez, San Antonio, TX

Massage Therapy Advisory Board

  • Raymond “Russell” Rust, Dallas, TX
  • Antonio Gracia, Houston, TX

Polygraph Advisory Board

  • James OBurke, San Antonio, TX

Speech-Language Pathologist and Audiologists Advisory Board

  • Dr. Cristen Culp, Austin, TX
  • Elizabeth Sterling, Austin, TX
  • Cheval Bryant, Houston, TX

Appointment of Presiding Officers:

Architectural Barriers Advisory Committee

  • John Rickard, Austin, TX

Auctioneer Advisory Board

  • Rick Stroud, Boerne, TX

Advisory Board on Cosmetology

  • Ron Robinson, Waco, TX

Elevator Advisory Board

  • Bryan Morris, El Paso, TX

Midwives Advisory Board

  • Laurie Fremgen, Austin, TX

Motorcycle Safety Advisory Board

  • Keith Rovell, Houston, TX

Towing and Storage Advisory Board

  • Amy Milstead, Spring, TX

Commissioner Gary Wesson, seconded by Commissioner Tom Butler, moved to approve the appointments and/or reappointments of members to Advisory Boards, including appointment of presiding officers. Motion passed by unanimous vote.

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

Docket Number TOW20190001638, TOW20190001898 / 452-19-3102.TOW.; Ahmad Issa. Commissioner Tom Butler, seconded by Gary Wesson, moved to amend the Administrative Law Judge’s Proposal for Decision based on Finding of Fact 12 and Conclusions of Law 11, 12, and 14 and to make technical corrections to Finding of Fact 10 and Conclusion of Law 13. The vote was three (3) to one (1) in favor of amending the Proposal for Decision and granting the licenses, with Commissioner Helen Callier casting the dissenting vote. 

Chairman Figueroa moved to agenda item J, 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 ELC20180006696; ELC20180006698; ELC20180006701; Paulo Galarce. Commissioner Gary Wesson, seconded by Commissioner Tom Butler, moved to deny the Motion for Rehearing. Motion passed by unanimous vote.

Chairman Figueroa moved to agenda item T, Commission Work Group Reports – including update from work groups, discussion, and possible action on items discussed

  • Sunset Work Group
  • Update on activities related to TDLR’s Sunset Advisory Commission review
  • Evaluation of the type of personal information of license holders available on TDLR’s website, and possible direction to staff

Staff will meet with the Sunset Work Group and report at the next Commission meeting.

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

Chairman Figueroa moved to agenda item U, Staff Reports. There were no new staff reports.

Commissioner Helen Callier, seconded by Commissioner Gary Wesson, moved to adjourn the meeting. Chairman Figueroa adjourned the meeting at 9:33 a.m.


Rick Figueroa, Chairman
Texas Commission of Licensing and Regulation