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Texas Commission of Licensing and Regulation Meeting Agenda July 23, 2024 - 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. Introduction of the Summer Interns

PUBLIC COMMENT

  1. Public Comment *Comments will be limited to no more than three minutes*

    Public Comments can be made in person 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. The Commission will not hear public comment related to a pending contested case.

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

MINUTES

  1. Approval of Minutes – Meeting of May 21, 2024.

CONTESTED CASES – TDLR

  1. Contested Cases - Consideration and possible action of contested cases heard by the State Office of Administrative Hearings

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

Item

Case / Docket Number

Respondent

1.

TOW20230000141 and TOW20220015541/452-24-0817.TOW

Robert D. Counts

RULES – TDLR

I.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 61, §61.10 and §61.110, regarding the Combative Sports program. The proposed rules recognize slap fighting as a martial arts discipline. This formal recognition allows the Department to extend the licensure and bonding requirements in Texas Occupations Code, Chapter 2052, to promoters and contestants of slap fighting events.

J.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 110, §§110.12, 110.21, and 110.70, regarding the Athletic Trainers program. The proposed rules implement House Bill (HB) 2495 and HB 2512, 88th Legislature, Regular Session (2023), by updating definitions, license requirements, and standards of conduct.

K.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 67, §§67.21, 67.40, 67.65, 67.70, and 67.71; and proposed new rules at §67.66 and §67.90, regarding the Auctioneers program. The proposed changes implement House Bill (HB) 4416, 88th Legislature, Regular Session (2023) and address requirements relating to associate auctioneer supervision, written contracts, property inventories, and the cap on claims against an auctioneer arising from a single auction.

L.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 73, §§73.10, 73.26, and 73.80, and new rules at 16 TAC, Chapter 73, §§73.110 and 73.111, regarding the Electricians program. The proposed rules implement House Bill (HB) 1391, 88th Legislature, Regular Session (2023). HB 1391 provides a new pathway to a residential wireman license for students who complete a focused career and technology education program offered by a Texas high school or institution of higher education. The bill requires the Department to establish standards by rule for the essential knowledge and skills used to build these programs.

M.

Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.110, regarding the Air Conditioning and RefrigerationContractors program. The proposed rule amends §75.110, Applicable Codes, subsection (a), to adopt the 2021 editions of the International Residential Code, International Mechanical Code, International Fuel Gas Code, and Uniform Mechanical Code. The proposed rule also amends §75.110, Applicable Codes, subsection (b), to state that the currently adopted code editions will remain in effect through August 31, 2024.

N.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 75, §§75.10, 75.25, 75.30, 75.70, 75.80, and 75.120, and proposed new rules at §75.124 and §75.125, regarding the Air Conditioning and Refrigeration Contractors program. The proposed rules implement House Bill (HB) 1859, 88th Legislature, Regular Session (2023). HB 1859 provides a new pathway to a technician certification for students who complete a focused career and technology education program offered by a Texas high school or institution of higher education. The bill requires the Department to establish standards by rule for the essential knowledge and skills used to build these programs.

O.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 114, §§114.1, 114.70, and 114.90 regarding the Orthotists and Prosthetists program. The proposed amendments implement Senate Bill (SB) 490, 88th Legislature, Regular Session, which requires certain health care facilities to provide itemized bills and make changes for purposes of clarity.

CONTESTED CASES – TBVME

Senate Bill 1414 (88th Regular Session, 2023) attached the Texas Board of Veterinary Medical Examiners (TBVME) to TDLR for four years, beginning September 1, 2023. During this time, TBVME will serve as an advisory board to TDLR, and TDLR will provide TBVME with policy-making and administrative oversight, guidance, and support. The Texas Commission of Licensing and Regulation is required to make the final decision regarding TBVME’s contested cases and proposed rules.

  1. Texas Board of Veterinary Medical Examiners: Contested Cases
  1. Consideration and possible action on TBVME’s recommendations regarding contested cases heard before the State Office of Administrative Hearings

    Respondents and TBVME’s representative will each have five minutes for presentation and three minutes for rebuttal at the Commission’s discretion.

Item

Case / Docket Number

Respondent

a.

CP20-371 & CP21-435 / 578-23-02297

Kody Kothman, DVM
  1. Consideration of and possible action regarding motion for rehearing in Texas Board of Veterinary Examiners v. Ashley Watts, DVM, TBVME case no. CX7716398597. Because the Commission did not request oral argument in this matter, oral presentations by the parties will not be heard.

Item

Case / Docket Number

Respondent

a.

TBVME CX7716398597

Ashlee Watts, DVM
  1. Consideration of and possible action on TBVME’s recommendations regarding approval of agreed orders

Case #

Name

CP21-274

Miguel Hernandez

CP22-071 & CP20-322

Brittany Pugliese

CP22-139

Jane Irene Cardona Mosley

CP22-227

Jennifer Moon, DVM

CP22-316

Christine Santos, DVM

CP22-342

Katherine Richardson, DVM

CP23-124

Joi King

CP23-172

Carl Hicks

CP23-377

Christopher Chiglo

CP24-058

Danielle Moody

CP24-180

Tracy Holland

CP24-179

Caleb Witcher, DVM
  1. Consideration of and possible action on TBVME’s recommendations regarding dismissal of cases from informal conference

Case #

CP22-339

CP23-001
  1. Consideration of and possible action on TBVME’s recommendations regarding dismissal of cases from staff conference

Case #

CP19-239

CP19-279

CP20-123

CP21-191

CP21-258

CP21-284

CP21-320

CP22-163

CP22-331

CP23-058

CP23-060

CP23-093

CP23-112

CP23-212

CP23-234

CP23-245

CP23-274

CP23-293

CP23-325

CP23-364

CP24-087
  1. Consideration of and possible action on TBVME’s recommendations regarding dismissal of cases from medical review

Case #

CP21-049

CP22-125

CP22-126

CP22-129

CP22-324

CP22-338

CP22-351

CP22-364

CP23-005

CP23-025

CP23-038

CP23-056

CP23-062

CP23-080

CP23-089

CP23-117

CP23-118

CP23-119

CP23-130

CP23-132

CP23-138

CP23-141

CP23-143

CP23-146

CP23-149

RULES – TBVME

Q.

Discussion and possible action, on behalf of the Texas Board of Veterinary Medical Examiners (TBVME), on the proposed amendments to an existing rule at 22 Texas Administrative Code (TAC), Chapter 577, Subchapter B, §577.15, regarding the General Administrative Duties. The proposed rules amend §577.15, Fee Schedule, to set fees in amounts that are reasonable and necessary to cover the costs of administering Texas Occupations Code, Chapter 801, Veterinarians.

APPOINTMENTS

  1. Advisory Board Appointments
    1. Board Appointments
    2. Presiding Officer Reappointments

EXECUTIVE OFFICE REPORTS

  1. Executive/Division 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:

NEXT MEETING

  1. Recommendation of dates and agenda items for future Commission Meetings

ADJOURNMENT

  1. Adjournment