TDLR Administration

Texas Commission of Licensing and Regulation Meeting Agenda

October 18, 2022 - 8:30 a.m.

This meeting will take place at 1106 Clayton Lane, Suite 125E, Austin, Texas and via videoconference and will be broadcast on TDLR’s YouTube channel. The Commissioner presiding over the meeting will be present at the meeting location. The meeting agenda and materials are available on the Department’s webpage at www.tdlr.texas.gov. If you need materials in an alternate format, contact the Texas Department of Licensing and Regulation at least 5 working days before the meeting date. Phone: (512) 463-6599, E-MAIL: open.meetings@tdlr.texas.gov, TDD/RELAY TEXAS: 1-800-relay-VV (for voice), 1-800-relay-TX (for TDD).

  1. Call to Order and Invocation
  2. Roll Call, Certification of Quorum
  3. Recognition of Richard Borgstrom Tow Licensee

PUBLIC COMMENT

  1. Public Comment *Comments will be limited to no more than 3 minutes*
    Any person wishing to address the Commission via videoconference must submit an Email by following the Public Comment Instructions. Emails must be submitted to the Commission liaison at Public.Comments@tdlr.texas.gov by 12 p.m., October 14, 2022. Public Comments can also be made in person on October 18, 2022, at the meeting location. Any person wishing to address the Commission in person should complete a Public Comment Form and submit it to the Commission Liaison at the meeting.

EXECUTIVE SESSION

  1. Executive Session - held in 1st Floor Commission Executive Session Meeting Room
    1. Consultation with the Commission’s attorney pursuant to Section 551.071(1), Government Code wherein the Commission will receive a briefing from legal counsel concerning pending or contemplated litigation and/or settlement offers.
    2. Advice from the Commission’s attorney on legal matters authorized by Section 551.071(2), Government Code.
      NOTE: The Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is appropriate for Executive Session discussion.
  2. Discussion and possible action on items discussed in Executive Session
  3. Discussion and possible action to approve the Fiscal Year 2022 Annual Internal Audit Report including review of the Fiscal Year 2022 audit and follow-up of prior years’ audits
  4. Discussion and possible action to approve the Fiscal Year 2023 Internal Audit Plan

COMMISSION ACTION

  1. Discussion and possible action to authorize that Commissioners’ electronic signatures be placed on written orders and decisions resulting from today’s meeting.

MINUTES

  1. Approval of Minutes – Meeting of August 9, 2022

CONTESTED CASES

  1. Contested Cases - consideration and possible action (heard before State Office of Administrative Hearings)

Respondents and Prosecutors will each have 5 minutes for presentation and three minutes for rebuttal at the Commission’s discretion.

Item

Case / Docket Number

Respondent

1.

TOW20200008623, VSF20200011371 / 452-22-0176.TOW

Parking Compliance Solutions, LLC {continued from 8/09/22 Commission Meeting}

2.

ELC20210013102 / 452-22-0333.ELC

David Chase Padgett

3.

BAR20220000668 / 452-22-0800.BAR

Stephen Anthony Parker

4.

ELC20220001244 / 452-22-1998.ELC

Jorge Alberto Pineda, Jr.

MOTIONS FOR REHEARING

  1. Motions for Rehearing – The Commission may consider and take any action related to the following cases, including but not limited to, reconsidering matters previously decided, modifying a prior order, or entering a new order:

Respondents and Asst. General Counsel will each have 5 minutes for presentation and 3 minutes for rebuttal at the Commission’s discretion.

Item

Case / Docket Number

Respondent

1.

MAS20210011965

Andrea Diaz

Attorney Michael Khouri

2.

BAR20210013728

Kadin Friswold

RULES

M.

Discussion and possible action on the readoption, revision, or repeal of the rules at 16 Texas Administrative Code, Chapter 117, Massage Therapy; Chapter 121, Behavior Analyst; and Chapter 130, Podiatric Medicine Program, as a result of the four-year rule review.

N.

Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.100 regarding the Air Conditioning and Refrigeration Contractors Program. The proposed rule amends §75.100 to state that compliance with Section 210.8(F) of the 2020 NEC is not required.

O.

Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 73, §73.100, regarding the Electricians Program. The proposed rule amends §73.100 by stating that compliance with Section 210.8(F) of the 2020 National Electrical Code is not required.

APPOINTMENTS

  1. Approval of appointments or reappointments of members to advisory boards including reappointments of presiding officers:

APPOINTMENTS:

  • Licensed Breeders Advisory Committee

REAPPOINTMENTS:

  • Architectural Barriers Advisory Committee

EXECUTIVE OFFICE REPORTS

  1. Executive Office Reports
    Briefing from Executive Office staff on activities, statistical data, personnel changes, communications and public outreach. May include discussion and updates of the following topics:
  • Agency Reports, Statistics, and Trends
  • Sunset Update
  • Financial Crimes Intelligence Center Update
  • Recent Accomplishments

NEXT MEETING

  1. Agenda items for future Commission Meetings
  2. Upcoming Commission Meetings

ADJOURNMENT

  1. Adjournment

TEXAS COMMISSION OF LICENSING AND REGULATION

Online Public Comment Instructions

(If you are going to appear at the Commission meeting in person you do not need to complete this step to provide public comment.)
Please note: The public comment portion of the agenda is not a time to speak about pending cases. If your case is on the agenda, you will be given an opportunity to speak when your case is called and you do NOT need to follow these procedures for public comment.

The Texas Commission of Licensing and Regulation will accept public comments at the October 18, 2022, public meeting.

  • Written comments must be submitted to Comments@tdlr.texas.gov no later than 12:00 p.m., October 14, 2022.
    • Written comments will be provided to Commission members for review before the meeting but will not be read aloud during the public meeting.

If you wish to address the Commission during the public meeting, please provide your contact information to Public.Comments@tdlr.texas.gov by 12:00 p.m., October 14, 2022.

  • You will receive an email invitation to join the meeting.
    • You may join the meeting via computer or telephone, but you must join the meeting no later than 8:30 a.m.
    • After 8:30 a.m. you may submit a written comment, but you will not be admitted into the meeting.
    • You may be required to download software to join the meeting. Test your connection early to be sure you can connect to the meeting.
  • You will be given up to three (3) minutes to speak.

Requests for Public Comment must include:

  • Agenda Item or Specific Topic
  • Name
  • Email and Phone Number
  • The name of the persons, firms, corporations, associations, classes, or groups you are representing, and the business address
  • Your title, role, or position

The meeting chairperson may reduce the time provided for public comments based on the number of requests received.

**Please email your public comment request to Public.Comments@tdlr.texas.gov **

DEADLINE FOR PUBLIC COMMENT REQUESTS IS 12 p.m., October 14, 2022.

Failure to provide the information requested directly above could result in your comment being delayed or taken out of order.