TDLR Administration

Texas Commission of Licensing and Regulation Meeting Agenda

August 1, 2023 - 8:30 a.m.

This meeting will take place at 1106 Clayton Lane, Suite 125E, Austin, Texas and will be broadcast on TDLR’s YouTube channel. The meeting agenda is available on the Department’s webpage. If you need the agenda in an alternate format, contact the Texas Department of Licensing and Regulation at least 5 working days before the meeting date at: Phone: (512) 463-6599, 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

PUBLIC COMMENT

  1. Public Comment *Comments will be limited to no more than 3 minutes*
    Public Comments can be made in person on August 1, 2023, 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.
    3. Under section 551.074, Government Code, discussion of personnel matters, including but not limited to: the appointment, employment, compensation, evaluation, reassignment, retirement, resignation, duties, discipline and/or dismissal of the Executive Director.

      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

MINUTES

  1. Approval of Minutes – Meeting of May 1, 2023

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.

MAS20200012068 / 452-23-00964.MAS

Raul M. Quintero, Jr.

2.

TOW20220012472 / 452-23-08001.TOW

Andrew W. Tarver, Jr.

3.

ELC20220011942 / 452-22-2831.ELC

Efrain Guadarrama, Jr.

4.

ELC20220011718 / 452-23-08204.ELC

Gerarldo C. Gauna

5.

ELC20230000927 / 452-23-11766.ELC

Jaime Gutierrez

MOTION FOR REHEARING

Item

Case / Docket Number

Respondent

H.

MAS20210011597

Rong Zheng

RULES

I.

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 amendment is necessary to implement rules being concurrently proposed which removed the requirement for registered accessibility specialists to meet continuing education requirements with an approved course provider, and to modify the list of occupations which are subject to the continuing education requirements of 16 TAC, Chapter 59, by removing registered accessibility specialists.

J.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 68, Subchapter A, §68.10; Subchapter B, §68.20 and §68.30; Subchapter D, §68.50; Subchapter F, §68.70 and §§68.75-68.76; and Subchapter H, §68.90 and §68.93; new rules at Subchapter A, §§68.11-68.12; Subchapter B, §§68.21-68.22 and §68.31; Subchapter C, §§68.40-68.42; Subchapter D, §§68.51-68.53; and Subchapter F, §§68.73-68.74 and §68.77; and the repeal of existing rules at §68.31, §§68.51-68.54, §§68.73-68.74, §68.79, and §§68.100-68.101, regarding the Elimination of Architectural Barriers program; and the addition of subchapter titles to an existing chapter.  The proposed rules implement changes suggested during the internal four-year rule review, incorporate department procedures, amend outdated rule language, and restructure the existing rules for better organization and for the reader.  The proposed rules also include changes to continuing education requirements to provide additional options for licensees.

K.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 97, Subchapter A, §97.2 and §97.3; Subchapter B, §§97.23, 97.25, and 97.29; Subchapter D, §97.56 and §97.59; and Subchapter E, §97.70 and §97.74; new rules at Subchapter B, §97.30 and §97.31; the repeal of Subchapter G, §§97.90-97.95; and the withdrawal of §§97.20, 97.21, 97.22, 97.27, 97.32, and 97.33, regarding the Motor Fuel Metering and Quality program. The proposed rules standardize language throughout the chapter, update the standards that apply to fuel quality, and add consumer protections from card fraud. The proposed rules are necessary to implement House Bill 2106, 87th Legislature, Regular Session (2021), related to payment card skimmers on motor fuel devices.

L.

Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.100, regarding the Electricians program. The proposed rule is necessary to adopt the 2023 National Electrical Code (NEC) as required by statute.

M.

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 (ACR) program. The proposed rule is necessary to remove outdated language related to the 2020 National Electrical Code (NEC) that is included in the ACR program rules.

N.

Discussion and possible recommendation on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 115, §§115.1, 115.4, 115.5, 115.13 – 115.15, 115.20, 115.21, 115.23, 115.25, 115.70, 115.80, 115.100, and 115.120; new rules at §§115.2, 115.12, 115.16, 115.22, and 115.121; and the repeal of existing rules at §§115.2, 115.16, and 115.121; regarding the Midwives program. The proposed rules update requirements relating to basic midwifery education courses, preceptor supervision of student clinical experience, informed client choice and disclosure statements, and retired midwife licenses and make other updates to reflect current Department procedures and remove obsolete or unnecessary language.
  1. Discussion and possible action to consider amendments to TDLR Contract No.
    452-22-BLC003 for Internal Audit Services; increasing the contract amount to include The Texas Board of Veterinary Medical Examiners
  2. Presentation of Criminal Conviction Guidelines for ATV Operator Safety Program
  3. Advisory Boards Appointments Process and Timeline Update
  4. Commission Workgroup Update
    • Innovation Workgroup
    • Audit/Finance Workgroup

STAFF REPORTS

  1. Division Staff Reports
    Briefing from division staff on activities, statistical data, personnel changes, communications and public outreach. May include discussion and update of the following topics:
    • Agency Reports, Statistics, and Trends
    • Recent Accomplishments

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 update of the following topics:
    • Agency Reports, Statistics, and Trends
    • Recent Accomplishments

NEXT MEETING

  1. Recommendation for agenda items for next Commission Meetings
  2. Discussion of Upcoming Commission meetings

RECESS

  1. Commission 88th Session Wrap-up Discussion
    • 88th Legislative Session Recap
    • Legislative Budget Process & Finance Overview
    • New Licensing System Update

ADJOURNMENT

  1. Adjournment