Texas Commission of Licensing and Regulation Meeting Agenda
December 6, 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).
- A. Call to Order and Invocation
- B. Roll Call, Certification of Quorum
PUBLIC COMMENT
- C. Public Comment *Comments will be limited to no more than 3 minutes*
Public Comments can be made in person on December 6, 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
- D. Executive Session - held in 1st Floor Commission Executive Session Meeting Room
- 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.
- 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.
- E. Discussion and possible action on items discussed in Executive Session
- F. Presentation and discussion of report required by H.B. 1560 (87R), Section 2.09, on the study of the regulation of auctioneering, including findings and recommendations to improve public safety and the department’s processes to eliminate inefficiencies.
COMMISSION ACTION
- G. Discussion and possible action to authorize that Commissioners’ electronic signatures be placed on written orders and decisions resulting from today’s meeting.
MINUTES
- H. Approval of Minutes – Meeting of October 18, 2022
CONTESTED CASES
- I. 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. |
ELC20220009755, ELC20220009756/ 452-22-2583 |
David Keith Fansler |
RULES
J. |
Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 114, §114.50 regarding the Orthotists and Prosthetists program. The proposed amendments expand the categories of activities eligible for continuing education (CE) credit by allowing licensees to claim up to one hour of CE credit per renewal period for completing the human trafficking prevention training required by Occupations Code, Chapter 116, and up to one hour CE credit per renewal period for completing the jurisprudence examination required for initial licensure by Department rules. |
K. |
Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 60, Subchapter A, §60.1; Subchapter B, §§60.20 - 60.23; Subchapter D, §§60.40 - 60.42; Subchapter F, §§60.80, 60.81, and 60.83; Subchapter G, §§60.100 - 60.102; the proposed new rules at Subchapter C, §60.36; Subchapter D, §60.43; and new Subchapter L, §60.600 and §60.601; and the proposed repeal of existing rules at Subchapter D, §60.36, regarding the Procedural Rules of the Commission and the Department. The proposed rules make substantive and clean-up changes to the agency’s procedural rules and include changes resulting from staff and strategic planning, the four-year rule review, and the Department’s Sunset legislation. The proposed rules address the authority and applicability of the Chapter 60 rules; the powers and responsibilities of the Commission, Executive Director, and Department; license eligibility after revocation; criminal history and license eligibility; fees; rulemaking; and Department personnel. |
L. |
Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 59, §59.3, regarding Continuing Education Requirements. The proposed amendments are necessary to implement House Bill (HB) 1560, 87th Legislature, Regular Session (2021) and Senate Bill (SB) 2065, 85th Legislature, Regular Session (2017). The proposed rule amends §59.3, Purpose and Applicability, to update the list of occupations subject to the continuing education provider and course requirements in Chapter 59 by adding barbers and removing booting operators and polygraph examiners. |
M. |
Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 82, §§82.10, 82.20, 82.80, and 82.120; and the proposed repeal of existing rules at §§82.21-82.23, 82.26, 82.28, 82.29, 82.31, 82.40, 82.50-82.52, 82.54, 82.65, 82.70-82.74, 82.77, 82.78, 82.90, and 82.100-82.114, regarding the Barbering and Cosmetology program. The proposed rules implement House Bill (HB) 1560, Article 3, 87th Legislature, Regular Session (2021), which consolidates the barbering and cosmetology professions into a single Barbering and Cosmetology program, with new license types and standardized requirements for practitioners, establishments, and schools. This agenda item includes discussion of the public comments received on the proposed rules. |
N. |
Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC) Chapter 83, §§83.1, 83.10, 83.20-83.26, 83.28, 83.29, 83.40, 83.51, 83.70-83.74, 83.77, 83.78, 83.80, 83.90, 83.100-83.108, 83.110-83.115, and 83.120; the proposed new rules at §§83.2, 83.31, 83.50, 83.65, and 83.200-83.202; and the proposed repeal of existing rules at §§83.31, 83.50, 83.52, 83.54, 83.65, and 83.109, regarding the Barbering and Cosmetology program. The proposed rules implement House Bill (HB) 1560, Article 3, 87th Legislature, Regular Session (2021), which consolidates the barbering and cosmetology professions into a single Barbering and Cosmetology program, with new license types and standardized requirements for practitioners, establishments, and schools. This agenda item includes discussion of the public comments received on the proposed rules. |
O. |
Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter I, §84.100 and §84.101; and the proposed repeal of an existing rule at Subchapter I, §84.102, regarding the Driver Education Safety program. The proposed rules implement the portions of House Bill 1560, 87th Legislature, Regular Session (2021), requiring the Department to adopt a risk-based inspection policy. Notably, the proposed rules remove periodic inspections from the program. |
P. |
Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter F, §117.55; and Subchapter G, §117.82, regarding the Massage Therapy program. The proposed amendments implement the portions of House Bill 1560, 87th Legislature, Regular Session (2021), requiring the Department to adopt a risk-based inspection policy. Notably, the proposed amendments remove periodic inspections from the program. |
Q. |
Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 85, §85.450, and the proposed repeal of existing rules at §85.451 and §85.453, regarding the Vehicle Storage Facilities program. The proposed rules implement the portions of House Bill 1560, 87th Legislature, Regular Session (2021), requiring the Department to adopt a risk-based inspection policy. Notably, the proposed rules remove periodic inspections from the program. |
R. |
Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 114, §114.29, regarding the Orthotists and Prosthetists program. The proposed amendments implement the portions of House Bill 1560, 87th Legislature, Regular Session (2021), requiring the Department to adopt a risk-based inspection policy. Notably, the proposed amendments remove periodic inspections from the program. |
S. |
Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 86, §86.450; and the proposed repeals of existing rules at §86.451 and §86.453, regarding the Vehicle Towing and Booting program. The proposed rules implement the portions of House Bill 1560, 87th Legislature, Regular Session (2021), requiring the Department to adopt a risk-based inspection. Notably, the proposed rules remove periodic inspections from the program. |
T. |
Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 87, §87.44; and the proposed repeal of existing rules at §87.45 and §87.47, regarding the Used Automotive Parts Recyclers program. The proposed rules implement the portions of House Bill 1560, 87th Legislature, Regular Session (2021), requiring the Department to adopt a risk-based inspection policy. Notably, the proposed rules remove periodic inspections from the program. |
U. |
Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 60, Subchapter H, §§60.220, 60.221, and 60.222, regarding the inspection provisions of the Procedural Rules of the Commission and the Department. The proposed new rules implement the portions of House Bill (HB) 1560, 87th Legislature, Regular Session (2021), requiring the department to conduct risk-based inspections that prioritize inspections based on key risk factors. |
APPOINTMENTS
- V. Approval of appointments or reappointments of members to advisory boards including reappointments of presiding officers:
PRESIDING OFFICER APPOINTMENT:
- Licensed Breeders Advisory Committee
EXECUTIVE OFFICE REPORTS
- W. Executive Office Reports
Briefing from Executive Office staff on activities, statistical data, personnel changes, communications and public outreach. May include discussion and update of the following topics:- Sunset Update
- Presentation of eInspections System
- Agency Reports, Statistics, and Trends
- Recent Accomplishments
- X. Recognition and celebration of the retirement of David Gonzales, Deputy Executive Director
NEXT MEETING
- Y. Agenda items for future Commission Meetings
- Z. Upcoming Commission Meetings
ADJOURNMENT
- AA. Adjournment