TDLR Logo TDLR Logo

Site Navigation

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).

PUBLIC COMMENT

EXECUTIVE SESSION

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.

COMMISSION ACTION

MINUTES

CONTESTED CASES

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

EXECUTIVE OFFICE REPORTS

NEXT MEETING

ADJOURNMENT