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Texas Commission of Licensing and Regulation Meeting Agenda October 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 and Certification of Quorum
  3. Presentation by Commissioner Joe Esparza and Bob Gear of the Texas Workforce Commission recognizing TDLR for its employment of military veterans.

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 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 as authorized by Section 551.071, Government Code.
    2. 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 of the Texas Board of Veterinary Medical Examiners (Section 551.074, Government Code).
    3. Discussion of security assessments or deployments relating to information resources technology; network security information as described by Section 2059.055(b), Government Code; and/or the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices (Section 089, Government Code).

      NOTE: The Commission may recess into executive session to consider any item listed on this agenda if authorized by the Texas Open Meetings Act.
  2. Discussion and possible action on items discussed in executive session
  3. Discussion and possible action, pursuant to Section 801.022(c), Occupations Code, to delegate contested case decision-making authority to the Texas Board of Veterinary Medical Examiners.

MINUTES

  1. Approval of Minutes – Meetings of July 23 and August 12, 2024

CONTESTED CASES – TDLR

  1. Contested Cases - Consideration and possible action on 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

TOW20230020083 / 452-24-10058.TOW

Oney Garcia Morrison

2

TOW20240000778 / 452-24-13958.TOW

Monty D. Ward, Sr.

3

TOW20230003626 / 452-24-13397.TOW

Corey W. Carnes

4

FILED CONFIDENTIAL

MAS20220003428/452-24-10064.MAS

Charles Lawrence Jones

RULES – TDLR

J.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 65, Subchapter A, §65.2; Subchapter C, §§65.12 – 65.15; Subchapter D, §65.25 and §65.26; Subchapter F, §65.40 and §65.41; Subchapter H, §65.50; Subchapter I, §§65.60 – 65.63; Subchapter J, §65.70 and §65.71; Subchapter K, §65.83 and §65.86; Subchapter M, §65.101; Subchapter N, §§65.200, 65.206, and 65.217; Subchapter O, §65.300; Subchapter P, §65.401; new Subchapter S, Technical Requirements, amendments to §§65.607-65.609, 65.611, 65.612, and 65.614; new rules at Subchapter K, §65.87; and Subchapter R, §§65.550 – 65.552, 65.555, 65.556, 65.559, and 65.560; and the repeal of existing rules at Subchapter B, §65.8; Subchapter L,

§65.90 and §65.91; Subchapter M, §65.104; and existing Subchapter R, §§65.600 – 65.604, regarding the Boiler program. The proposed rules make twelve discrete changes to improve standards for and regulation of boilers and those who install, operate, maintain, and inspect them. The amendments originate with staff and the Board of Boiler Rules members and are authorized by the boiler enabling act.

K.

Discussion and possible action on the proposed new rule at 16 Texas Administrative Code, Chapter 60, Subchapter C, §60.32, and amendments to an existing rule at Subchapter D, §60.40, regarding the Procedural Rules of the Commission and the Department. The proposed rules enable the Department to require certain individuals to furnish e-mail addresses for purposes of receiving correspondence. The proposed rules also permit certain incarcerated individuals to apply for licensure prior to release. The proposed rules are necessary to implement House Bill (HB) 3743, 88th Legislature, Regular Session (2023).

L.

Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 60, Subchapter M, §60.700 and §60.701, regarding the Procedural Rules of the Commission and the Department. The proposed new rules create a new audit system to verify compliance with the continuing education requirements established for renewal of a license in 13 programs administered by the Department.

M.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 60, Subchapter B, §60.23; and Subchapter C,

§60.33 and §60.34; the proposed repeal of existing rules at Subchapter C, §60.30 and

§60.31; and Subchapter E, §§60.50 - 60.54; and the proposed new rules at Subchapter C, §60.30, §60.31, and §60.37; and Subchapter E, §§60.50 - 60.56, 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 required four-year rule review, and the Department’s Sunset legislation. The proposed rules address the sanction authority of the Commission and the Executive Director; initial license applications; license renewals; temporary licenses; substantially equivalent licenses; voluntary surrender of a license; and license examinations.

N.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 84, Subchapter A, §84.2 and §84.3; Subchapter C,

§§84.40, 84.43, 84.44, 84.46; Subchapter D, §84.50; Subchapter E, §84.60 and §84.63; Subchapter G, §84.80; and Subchapter N, §84.600 and §84.601; new rules at Subchapter D, §84.51 and §84.52; Subchapter M, §§84.500-84.505; and the repeal of existing rules at Subchapter D, §84.51 and §84.52; and Subchapter M, §§84.500-84.502 and §84.504 regarding the Driver Education and Traffic Safety (DES) program. The proposed rules make changes relating to driver training curriculum, driver education certificate prerequisites, and enforcement. This agenda item includes discussion of the public comments received on the proposed rules.

O.

Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 96, regarding the Electric Vehicle Charging Stations (EVS) program. The proposed new rules implement Senate Bills (SB) 1001 and 1732, 88th Legislature, Regular Session (2023), and Texas Occupations Code, Chapter 2311, Electric Vehicle Supply Equipment (EVSE) and Electric Vehicle Charging Stations The proposed rules are necessary to introduce the Department’s administrative rulemaking effort for the implementation of SB 1001 and 1732, and Texas Occupations Code, Chapter 2311 for the EVS program, which address rules relating to: (1) electric vehicle supply equipment definitions; (2) registration and EVSE provider statutory and rule compliance deadlines;(3) EVSE registration and renewal requirements; (4) investigation and inspection of EVSE; (5) EVSE provider duties and responsibilities; (6) program fees; (7) enforcement provisions; (8) general technical requirements for EVSE providers from supplemental rules and regulation publications; and (9) implementing the recommendations of the EVSE Stakeholder Workgroup (Workgroup), as authorized by SB 1001, Article 3.

P.

Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code Chapter 130, Subchapter A, §130.1 and §130.2; Subchapter B, §§130.20, 130.23, 130.27, and 130.28; Subchapter C, §130.30 and §130.32;

Subchapter D, §§130.40 – 130.42; Subchapter E, §§130.50, 130.51, 130.54, 130.55, and

130.57 – 130.59; Subchapter F, §130.60; and Subchapter G, §§130.70, 130.72, and 130.73; the proposed new rules at Subchapter B, §§130.21, 130.22, and 130.24; Subchapter C, §§130.31, 130.34 – 130.37; and Subchapter D, §§130.43 – 130.48; and the proposed repeal of existing rules at Subchapter B, §§130.21, 130.22, and 130.24; Subchapter C, §130.31; Subchapter D, §§130.43 – 130.49; and Subchapter E, §130.52 and §130.53, regarding the Podiatric Medicine Program. The proposed rules implement changes as a result of the required four-year rule review, including changes recommended by the Education and Examination Workgroup of the Podiatric Medical Examiners Advisory Board to increase the number of training hours for Podiatric Medical Radiological Technicians; changes identified by Department staff as part of an effort to reorganize and streamline the entire chapter; and changes to address a public comment regarding fees for an inactive status license. The proposed rules also change the license terms for three license types from one-year to two-year terms; update the license application and renewal fees to reflect the license term changes; and add transition language to implement the license term changes.

Q.

Discussion and possible action on the proposed new rules at 16 Texas Administrative Code, Chapter 131, §§131.1, 131.11, 131.21, 131.23, 131.25, 131.27, and 131.29,

regarding the Procedural Rules During Temporary Administration of the Texas Board of Veterinary Medical Examiners. The proposed new rules implement Senate Bill (SB) 1414, 88th Legislature, Regular Session (2023), which placed the Board under the temporary administration of the Department. The proposed rules provide that the Commission will make the ultimate decision in any contested case of the Board unless it delegates that power, establish procedural rules for the handling of the Board’s contested cases during the period of temporary administration, and resolve conflicts between the existing procedural rules of the Board and Commission.

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. Unless it delegates authority to TBVME, 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 of and possible action regarding motions for rehearing
      Oral argument will not be heard in this matter.

Item

Case / Docket Number

Respondent

a.

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

Kody Kothman, DVM

  1. Consideration of and possible action regarding approval of agreed orders

Case #

Name

CP18-056

Justin Cerelli, DVM

CP19-116

Jeanne Chucle, DVM

CP19-207

Justin Robinson, DVM

CP19-399

Michael McCradic, DVM

CP21-105

Mark Hitchcock, DVM

CP21-292

Tommy Dayton, DVM

CP21-406

Richard Hamlin, DVM

CP22-012

Erica Johnson, DVM

CP22-136

Elizabeth Gateman, DVM

CP22-361

Jonathan “Johnny” Gonzalez

CP23-069

Yokananth Sekar, DVM

CP23-082

Taylor Pitts, DVM

CP23-131

Cory Vadell, DVM

CP23-135

Roberto Ramos, DVM

CP23-154

Sara Ochoa, DVM

CP23-229

Shawn Messionnier, DVM

CP23-230

Atalla Ishak, DVM

CP23-241

Jessica Todia, DVM

CP23-242

Tommy Wilson, DVM

CP23-257

Megan Magallenes, LVT

CP23-286

Mallory Tate, DVM

CP23-403/CP23-404/CP24-079

Sara Hope

CP24-049

Tracy A. Green, DVM

CP24-094

Angela Hageman, LVT

CP24-142

Enrique Rocha

CP24-177

Samantha Melero

  1. Consideration of and possible action regarding dismissal of cases from informal conference

Case #

CP20-072

CP21-368

CP22-049

CP22-096

CP22-127

CP22-347

CP23-071

CP23-102

CP23-116

CP23-121

CP23-139

CP23-161

CP23-206

CP23-236

  1. Consideration of and possible action regarding dismissal of cases from staff conference

Case #

CP17-302 CP17-303

CP17-312

CP19-130

CP19-165

CP19-234

CP20-139/CP20-401/CP20-402

CP21-203

CP21-306

CP22-117

CP22-261

CP22-319

CP23-009

CP23-092

CP24-080

CP24-160

CP24-181

CP24-204

CP24-206

CP24-207

CP24-243

CP24-254

CP24-259

  1. Consideration of and possible action regarding dismissal of cases from medical review

Case #

CP22-191

CP22-225

CP23-012

CP23-155

CP23-156

CP23-157

CP23-158

CP23-160

CP23-167

CP23-170

CP23-171

CP23-176

CP23-180

CP23-184

CP23-190

CP23-193

CP23-194

CP23-195

CP23-199

CP23-207

CP23-218

CP23-219

CP23-220

CP23-222

CP23-223

CP23-232

CP23-233

CP23-237

CP23-244

CP23-247

CP23-248

CP23-256

CP23-258

CP23-263

CP23-267

CP23-268

CP23-269

CP23-273

CP23-276

CP23-278

CP23-279

CP23-283

CP23-287

CP23-290

CP23-292

CP23-295

CP23-297

CP23-301

CP23-302

CP23-303

CP23-304

CP23-306

CP23-307

CP23-318

CP23-321

CP23-323

CP23-328

CP23-332

CP23-333

CP23-338

CP23-350

CP23-351

CP23-369

CP23-370

CP23-411

CP23-462

CP23-463

  1. Consideration of and possible action regarding dismissal of default order from SOAH

Case #

Name

CP22-102

Tiffany Marie Johnson

  1. Discussion and possible approval of audit reports
    1. Discussion and possible action to approve the Fiscal Year 2024 Annual Internal Audit Report including review of the Fiscal Year 2024 audit and follow-up of prior years’ audits.
    2. Discussion and possible action to approve the Fiscal Year 2025 Internal Audit
    3. Discussion and possible action to approve the Fiscal Year 2024 Texas Board of Veterinary Medical Examiners Annual Internal Audit Report including review of the Fiscal Year 2024 audit.
    4. Discussion and possible action to approve the Fiscal Year 2025 Internal Audit Plan for the Texas Board of Veterinary Medical Examiners.

APPOINTMENTS

  1. Discussion and possible action regarding the appointment, reappointment, or removal of advisory board members and/or presiding officers.

EXECUTIVE OFFICE REPORTS

  1. Executive/Division Reports Staff

    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 Chair

ADJOURNMENT

  1. Adjournment Chair