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Meeting Details

02/09/2015 at 10:00 am
Stephen F. Austin Building, Room 170
1700 North Congress
Austin, TX 78701

Meeting Materials

Meeting Video

TREC Commission Meeting


These minutes set out the agenda item, the subject matter discussed, and any action taken on each item. To hear the full discussion on any agenda item, click on the link, and you will be taken directly to that section of the meeting video on the right side of the screen.

Note: While the written portion of the minutes below are published in agenda order, the commission may have taken items out of order.

Agenda Item 1 Call to order and pledges of allegiance

ACTION: Chair Wukasch called the meeting to order at 10:04 a.m.

Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any

ACTION: Upon motion by Commissioner Jones, duly seconded by Commissioner Justice, the Commission, by unanimous vote, excused the absences of Commissioners Westcott, Martinez and Alley.

Agenda Item 3 Election of Officers

ACTION: Upon motion by Commissioner Justice, duly seconded by Commissioner Turner, the Commission, by unanimous vote, re-elected Commissioner Jones as Vice-Chair.

ACTION: Upon motion by Commissioner Arriaga, duly seconded by Commissioner Jones, the Commission, by unanimous vote, elected Commissioner Hensley as Secretary.

Agenda Item 4 Committee Appointments
a. Budget Committee
b. Enforcement Committee
c. Inspector Advisory Committee
d. Education Standards Advisory Committee

ACTION: Chair Wukasch reappointed Commissioners Arriaga, Hensley and Martinez to the Budget Committee.

ACTION: Chair Wukasch reappointed the Executive Commmittee consisting of Commissioners Hensley, Jones and herself to the Enforcement Committee.

ACTION: Chair Wukasch reappointed Barbara Evans and appointed Matt Hart, Brian Woods, Doyle Williamson and Diana Burley Rose to the Inspector Committee.

ACTION: Chair Wukasch appointed Philip Schoewe and reappointed Bill Evans, Andy Hemmings, Ronny Willis, Bill Bradshaw, Pat Strong, Rita Klein, Susan Jones, Dianne McCoy, Bob Baker, Rebecca Ray, and Rick Albers to the Education Standards Advisory Committee

Agenda Item 5 Reports by administrator, general counsel, and division directors of monthly activities and statistical data for communications, licensing, education, enforcement, information technology, staff services, recovery trust account and fund activity, and updates on new and ongoing agency activity; questions by commissioners to division directors regarding issues raised by the monthly activities reports; discussion of current topics raised by monthly reports; requests by commissioners for additional information or reports from staff; and introduction of new employees

ACTION: Reports were given by the following:

Douglas Oldmixon, Administrator

Lorie DeAnda, Director of Reception & Communication Services

Gwen Jackson, Director of Education & Licensing Services

Sharon Harris, Deputy Director of Standards & Enforcement Services

Beverly Rabenberg, Staff Attorney, Program Manager for Timeshare and RSC programs.

Steve Spyropoulos, Director of Information & Technology Services

Melissa Huerta, Director of Staff & Support Services

Agenda Item 6 Report by Executive Committee

NOTE: No report was given by the Executive Committee.

Agenda Item 7 Report by Education Standards Advisory Committee

ACTION: Report given by Susan Jones, Chair of the committee

Agenda Item 8 Report by Texas Real Estate Inspector Committee

ACTION: Report given by Brian Murphy, Chair of the committee

Agenda Item 9 General comments from visitors on non-agenda items

NOTE: No comments were given.

Agenda Item 10 Executive session to discuss pending litigation or obtain advice of legal counsel on agenda items pursuant to Texas Government Code §551.071

The executive session began at 11:03 a.m.

The meeting resumed at 12:10 p.m.

Agenda Item 11 Consideration and possible action regarding proposal for decision in the matter of
a. Docket No. 329-15-0905.REC; Texas Real Estate Commission v. Olujimi O. Vaughan

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Justice, the Commission, by unanimous vote, accepted the ALJ's Findings of Fact and Conclusions of Law contained in the Amended PFD and the Commission assessed the respondent an administrative penalty of $5,500.00 which shall be due in full no later than the 60th day after the date of the order. Additionally, if the respondent does not timely pay the administrative penalty, his broker's license will be suspended until the administrative penalty is paid in full.

Agenda Item 12 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 14-016 Venetian Holdings v. Latricia Williams, et al.
b. RF 15-003 Leo Jackson and Debra Jackson v. Louis Edward Laurent
c. RF 15-007 Robert C. Haltom, et al. v. Roy L. Manly and Charlene Manly
d. RF 14-012 Watson, et al. v. Hughes, et al.
e. RF 14-002 Ben Luong v. Evan Jacobson
f. RF 12-017 Charlotte A. Hansen and James L. Hansen v. Mario Gomez, Melissa Gomez, et al.
g. RF 15-008 Alejandra G. Ables and Brian Ables v. Guadalupe Colindres, as Registered Agent of Team Lupe, LLC, et al.
h. RF 15-009 Santos Rodriguez and Amyelitza Rodriguez v. Townline Properties, LLC, et al.
i. RF 15-010 Nakia S. Wallace v. Townline Properties, LLC, et al.

ACTION: Upon motion of Commissioner Arriaga, duly seconded by Commissioner Jones, the Commission, by unanimous vote, authorized payment of actual damages of $2,398.25 plus interest, court costs and reasonable attorney's fees in RF 14-016, Venetian Holdings v. Latricia Williams, et al.

ACTION: Upon motion of Commissioner Hensley, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote (minus Commissioner Justice), authorized staff to settle on best possible terms in RF 15-003, Leo Jackson and Debra Jackson v. Louis Edward Laurent. NOTE: Commissioner Justice recused herself in this matter.

ACTION: Upon motion of Commissioner Justice, duly seconded by Commissioner Jones, the Commission, by unanimous vote, authorized payment of $100,000.00, in RF 15-007, Robert C. Haltom, et al. v. Roy L. Manly and Charlene Manly.

No action was taken on RF 14-012, Watson, et al. v. Hughes, et al.

ACTION: Upon motion of Commissioner Turner, duly seconded by Commissioner Jones, the Commission, by unanimous vote, authorized payment of actual damages of $40,000.00 plus $1,200.00 in attorney's fees in RF 14-002, Ben Luong v. Evan Jacobson.

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Turner, the Commission, by unanimous vote, authorized payment of $50,000.00, in RF 12-017, Charlotte A. Hansen and James L. Hansen v. Mario Gomez, Melissa Gomez, et al.

ACTION: Upon motion of Commissioner Arriaga, duly seconded by Commissioner Jones, the Commission, by unanimous vote, authorized payment of actual damages of $4,350.00 plus interest, court costs and reasonable attorney's fees in RF 15-008, Alejandra G. Ables and Brian Ables v. Guadalupe Colindres as Registered Agent of Team Lupe, LLC, et al.

No action was taken on RF 15-009 Santos Rodriguez and Amyelitza Rodriguez v. Townline Properties, LLC, et al.

ACTION: Upon motion of Commissioner Hensley, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, authorized payment of actual damages of $7,541.53, plus interest, court costs and reasonable attorney's fees in RF 15-010 Nakia S. Wallace v. Townline Properties, LLC, et al.

Agenda Item 13 Discussion and possible action to adopt amendments to §535.53, Business Entity; Designated Broker

ACTION: Commissioner Jones, duly seconded by Commissioner Justice, moved that staff be authorized, on behalf of this Commission to submit for adoption amendments to §535.53, Business Entity; Designated Broker, as previously published in the Texas Register along with any technical or non-substantive changes required for adoption.

Agenda Item 14 Discussion and possible action to adopt revocation of §535.81, Recovery Fund Fee

ACTION: Commissioner Justice, duly seconded by Commissioner Arriaga, moved that staff be authorized, on behalf of this Commission to submit for adoption the revocation of §535.81, Recovery Fund Fee, as previously published in the Texas Register along with any technical or non-substantive changes required for adoption.

Agenda Item 15 Discussion and possible action to adopt amendments to §539.81, Funded Reserve

ACTION: Commissioner Turner, duly seconded by Commissioner Justice, moved that staff be authorized on behalf of this Commission to withdraw the amendments to §539.81, Funded Reserve, as previously published in the Texas Register and to submit reproposed amendments as presented along with any technical or non-substantive changes required for proposal to the Texas Register for publication and public comment.

COMMENTS: Jon Gillum, attorney with Locke Lord, LLP

Agenda Item 16 Discussion and possible action to adopt amendments to §535.212, Education and Experience Requirements for a License

ACTION: Commissioner Arriaga, duly seconded by Commissioner Justice, moved that staff be authorized, on behalf of this Commission, to submit for adoption amendments to §535.212, Education and Experience Requirements for a License, as previously published in the Texas Register along with any technical or non-substantive changes required for adoption.

COMMENTS: Stan Harbuck, A Better School of Building Inspection

Agenda Item 17 Discussion and possible action to propose amendments to §543.4, Forms

ACTION: Commissioner Justice, duly seconded by Commissioner Jones, moved that staff be authorized, on behalf of this Commission, to submit the proposed amendments to §543.4, Forms, and the forms adopted by reference, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and public comment.

Agenda Item 18 Discussion and possible action to propose amendments to §535.401, Required Notices

ACTION: Commission Arriaga, duly seconded by Commissioner Jones, moved that staff be authorized, on behalf of this Commission, to submit the proposed amendments to §535.401, Required Notices, and the form adopted by reference, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and public comment.

Agenda Item 19 Discussion and possible action to propose amendments to §535.223, Standard Inspection Report Form

ACTION: Commissioner Hensley, duly seconded by Commissioner Arriaga, moved that staff be authorized, on behalf of this Commission, to submit the proposed amendments to §535.223, Standard Inspection Report Form, and the form adopted by reference, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and public comment.

COMMENTS: Lavera Vincent, Brennen Teel Foundation for Gas Line Safety

COMMENTS: Jim Narva, Executive Director of the National Association of State Fire Marshalls

COMMENTS: Brian Murphy, Chair of the Inspector committee

COMMENTS: Lavera Vincent, Brennen Teel Foundation for Gas Line Safety

COMMENTS: Jim Narva, Executive Director of the National Association of State Fire Marshalls

COMMENTS: Brian Murphy, Chair of the Inspector committee

Agenda Item 20 Discussion and possible action to propose amendments to §535.2, Broker Responsibility

ACTION: Commissioner Jones, duly seconded by Commissioner Justice, moved that staff be authorized, on behalf of this Commission, to submit the proposed amendments to §535.2, Broker Responsibility, as presented, along with any technical or non-substantive changes required for proposal to the Texas Register, for publication and public comment.

Agenda Item 21 Discussion and possible action on legislative matters

SPEAKER: Douglas Oldmixon, Administrator

SPEAKER: Tony Slagle, Government Relations

NOTE: No action was taken on Agenda Item 21.

Agenda Item 22 Discussion and possible action to approve TREC Investment Policy

ACTION: Commissioner Hensley, duly seconded by Commissioner Jones, moved that the Commission approve the TREC Investment Policy, as presented. The motion was adopted by unanimous vote.

Agenda Item 23 Discussion and possible action to approve new or changes to TREC forms:
a. Supplemental Form for Military Spouse (SFMS -1)
b. Affidavit Regarding Substitute Experience Field Work Requirement (INSA-1)
c. Notice of Assumed Business Name or DBA for a Professional Real Estate Inspector or Real Estate Inspector’s License (IDBA-0)
d. Real Estate Inspector License Application (REIA-6)
e. Professional Real Estate Inspector License (REPIA-6)

ACTION: Commissioner Turner, duly seconded by Commissioner Arriaga, moved that the Commission approve new or changes to TREC forms: Supplemental Form for Military Spouse (SFMS -1), Affidavit Regarding Substitute Experience Field Work Requirement (INSA-1), Notice of Assumed Business Name or DBA for a Professional Real Estate Inspector or Real Estate Inspector’s License (IDBA-0), Real Estate Inspector License Application (REIA-6), and Professional Real Estate Inspector License (REPIA-6), as presented, along with any technical or non-substantive changes. The motion was adopted by unanimous vote.

Agenda Item 24 Discussion and possible action regarding future agenda items

NOTE: No future items were discussed.

Agenda Item 25 Discussion and possible action to schedule future meetings

ACTION: The next meeting of the Commission is scheduled for May 4, 2015, at 10:00 a.m. The future meetings are tentatively scheduled for August 17, 2015, and November 9, 2015.

Agenda Item 26 Adjourn

ACTION: The meeting was adjourned at 1:45 p.m.