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Texas Commission of Licensing and Regulation Meeting Agenda

December 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 . 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
  3. Recognition of Duane Rodenberg for his 67 years of service in the barber industry
  4. Recognition of Dr. Wayne Lee for his service to the Combative Sports Advisory Board

PUBLIC COMMENT

  1. Public Comment * Comments will be limited to no more than 3 minutes*
    Public Comments can be made in person on December 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.
    4. Under Section 551.089, Government Code, deliberation of security assessments or deployments relating to information resources technology; network security information as described by Section 2059.055(b), Government Code; or the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices.

      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.
  1. Discussion and possible action on items discussed in Executive Session

MINUTES

  1. Approval of Minutes – Meeting of October 10, 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.

ELC20230006422 / 452-23-13909.ELC

Justin P. Perez

2.

MAS20230012908 / 452-23-17417.MAS

LTF Club Operations Co, Inc,

d/b/a Life Spa-Colleyville

3.

ELC20230007639 / 452-23-19546.ELC

Ricardo Levell McNealy

4.

ELC20220018625 / 452-23-19548.ELC

Anthony Nathaniel Chlamon

5.

ELC20230007217 / 452-23-11883.ELC

Calvin G. Walker

MOTION FOR REHEARING

  1. Motion 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.

Docket Number

Respondent

1.

BAR20230005130

Rotonio O. Guillory d/b/a Mr. Guillory’s Master Barbershop

RULES

K.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 91, §§91.10, 91.20, 91.22 – 91.24, 91.27 – 91.30, 91.50 – 91.55, 91.57 – 91.58, 91.66, 91.73 - 91.74, 91.76 – 91.77, 91.80, 91.90 – 91.92, 91.100 – 91.105, 91.107, 91.112, and 91.202; the proposed newrules at §§91.61 – 91.65; and the proposed repeal of existing rules at §91.65, regarding the Licensed Breeder program. The proposed rules implement Senate Bill 876, 88 th Legislature, Regular Session (2023), which amended Occupations Code, Chapter 802 to expand the licensing requirement to more dog or cat breeders and to expand exemptions from licensing. The proposed rules add a license fee for breeders newly subject to licensing, make minor changes to license holder responsibilities, and make editorial changes to update, correct, and clarify the rules.

L.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 76, §§76.22, 76.24-76.25, 76.27, 76.70, and 76.80, regarding the Water Well Drillers and Pump Installers program. The proposed rules implement House Bill 3744, 88 th Legislature, Regular Session (2023), which establishes that a license issued under Sections 1901.155 and 1902.155 of the Texas Occupations Code is valid for one or two years, as determined by commission rule. The proposed rules implement a change in the length of license terms and renewal terms for certain license holders; update continuing education requirements; update fee amounts for certain license holders; and implement staff changes regarding the delivery of state well reports.

M.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 98, §§98.10, 98.20 – 98.23, 98.27, 98.50, 98.60, 98.65, 98.70, 98.76, 98.80, 98.104, 98.108, 98.112, and 98.116; and the proposed new rules at §98.24 and §98.71, regarding the Motorcycle Operator Training and Safety program. The proposed rules are necessary to implement Senate Bill 478, 88th Legislature, Regular Session (2023), which amends Transportation Code, Chapter 662 by changing the requirements relating to instructor license eligibility and instructor training; creating the instructor training provider license; and altering the membership of the Motorcycle Safety Advisory Board.

N.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 115, §115.80, regarding the Midwives program. The proposed amendments lower the application fee for an initial midwife license from $275 to $195 and lower the application fee for renewal of a midwife license from $550 to $390. The amendments are necessary to set fees in amounts reasonable and necessary to cover the costs of administering the Midwives program, as required by Texas Occupations Code §51.202.

O.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter K, §§60.500-60.504, 60.510, 60.512, 60.514, 60.516, and 60.519; the proposed newrules at Subchapter K, §60.518; and the proposed repeal of existing rules at Subchapter K, §60.518, regarding the Procedural Rules of the Commission and the Department. The proposed rules are necessary to implement Senate Bill 422, 88 th Legislature, Regular Session (2023), and the federal Servicemembers’ Civil Relief Act by: (1) updating current rule definitions and terms to comport with federal and state law; (2) extending the license portability of out-of-state occupational licenses for military service members stationed in Texas consistent with federal and state law; (3) extending residency status for non-resident license applicants to military service members; and (4) implementing a three-year recognition of out-of-state occupational licenses for military spouses whose status has changed due to a divorce or other occurrence.

P.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 85, §85.722, regarding the Vehicle Storage Facilities program. The proposed amendments increase the allowable vehicle storage facility impoundment fee and daily storage fees in accordance with changes in the Consumer Price Index (CPI) during the preceding state fiscal biennium.

Q.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter A, §112.2; Subchapter H, §112.70; Subchapter J, §112.92 and §112.96; and Subchapter O, §112.140; and the proposed new rules at Subchapter A, §112.3, regarding the Hearing Instrument Fitters and Dispensers program. The proposed rules implement changes made to Texas Occupations Code, Chapter 402 by Senate Bill 2017, 88 th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; make changes to provide continuing education credit for proctors of the practical test; and update language to reference the Department’s website in contracts and signs.

R.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.2; Subchapter U, §111.201; and Subchapter W, §111.220; and the proposed new rule at Subchapter A, §111.3, regarding the Speech-Language Pathologists and Audiologists program. The proposed rules implement changes made to Texas Occupations Code, Chapter 401 by Senate Bill 2017, 88th Legislature, Regular Session (2023); implement changes made by the U.S. Food and Drug Administration (FDA) in its final rule regarding over-the-counter hearing aids and prescription hearing aids; and clarify the requirements regarding medical statements for sales of hearing instruments to individuals under 18 years of age.

  1. Discussion and possible action to approve Enforcement Plan for the Motorcycle Safety program: Motorcycle Safety and Training - Schools, Instructors and Instructor Training Providers

APPOINTMENTS

  1. Advisory Boards Appointments
  1. Commission Workgroups Update
  1. Discussion and possible action to adopt 2024 Commission meeting dates

NEW DISCUSSION ITEMS: NON-VOTING

  1. Discussion on the status of bare-knuckle boxing and slap fighting in Texas

EXECUTIVE OFFICE REPORTS

  1. Executive/Division Reports
    Executive Office staff on activities, statistical data, personnel changes, communications and public outreach. May include discussion and update of the following topics:

NEXT MEETING

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

ADJOURNMENT

  1. Adjournment