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