Agenda Item 1 Call to order and pledges of allegience

ACTION: The meeting was called to order at 10:05 a.m.

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

ACTION: Commissioner Westcott, duly seconded by Commissioner Arriaga, moved to excuse the absence of Commissioner Alley. The motion was adopted by unanimous vote.

Agenda Item 3 Election of Vice-Chair and Secretary

ACTION: Chair Wukasch opened the floor for nominations to Vice-Chair.  Commissioner Stephens moved to nominate Commissioner Arriaga and Commissioner Turner moved to nominate Commissioner Jones.  The Commission elected Commissioner Arriaga for Vice-Chair 4-3 with Commissioners Arriaga, Stephens, Westcott and Martinez voting for Commissioner Arriaga and Commissioners Jones, Turner and Leonard voting for Commissioner Jones.  Chair Wukasch did not vote.

ACTION:  Chair Wukasch opened the floor for nominations to Secretary.  Commissioner Jones moved to nominate Commissioner Turner and Commissioner Martinez moved to nominate Commissioner Jones.  Commissioner Turner withdrew his name from consideration. Upon motion of Commissioner Martinez, duly seconded by Commissioner Westcott, the Commission, by unanimous vote, elected Commissioner Jones as Secretary.

Agenda Item 4 Appointments to:

a. Enforcement Committee
b. Budget Committee
c. Commission liaison to the Texas Real Estate Inspector Committee
d. Texas A & M Real Estate Center Advisory Committee

ACTION: Chair Wukasch made the following appointments:

a.: Commissioner Turner, as Chair, along with Commissioners Leonard and Arriaga to the Enforcement Committee

b.: Commissioners Martinez, Westcott and Stephens to the Budget Committee

c.: Commissioner Jones as the Commission liaison to the Texas Real Estate Inspector Committee

d.: Commissioner Jones as the Commission liaison to the Texas A&M Real Estate Center Advisory Committee

Agenda Item 5 Reports by executive director, 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, Executive Director

Tony Slagle, Government Relations

Lorie DeAnda, Director of Reception & Communication Services

Gwen Jackson, Director of Education & Licensing Services

Mark Moore, Director of Standards & Enforcement Services

Steve Spyropoulos, Director of Information & Technology Services

Priscilla Pipho, Director of Staff & Support Services

Tony Slagle agreed to send periodic reports to the Commissioners during the legislative session on bills of interest to the Commission.  

Agenda Item 6 Report by Executive Committee

ACTION: No report was given.

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 Dianna Rose, Chair of the committee

Agenda Item 28 Discussion and possible action to approve an Internal Audit Charter

ACTION:  Commissioner Martinez, duly seconded by Commissioner Leonard, moved that the Internal Audit Charter be approved as presented.  The motion was adopted by unanimous vote.

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

ACTION: 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

ACTION: The Commission went into Executive Session at 11:12 a.m.

The meeting resumed at 1:07 p.m.

Agenda Item 11 Consideration and possible action regarding proposal for decision in the matter of:

a. Docket No. 329-16-3657.REC; TREC v. John Sandlin Christie
b. Docket No. 329-16-2290.REC; TREC v. Kevin Lanard Bierwirth
c. Docket No. 329-16-1651.REC; TREC v. Sylan Chang
d. Docket No. 329-16-5666.REC; TREC v. Sara Elizabeth Love
e. Docket No. 329-16-5096.REC; TREC v. Marcel Gomez
f. Docket No. 329-17-0194.REC; TREC v. Michelle Santos
g. Docket No. 329-16-2960.REC; TREC v. Josef A. Riekers
h. Docket No. 329-17-0274.REC; TREC v. Kimberly Dukes Ford
i. Docket No. 329-16-1758.REC; TREC v. Abdul R. Qureshi

ACTION on 11.a.: Upon motion of Commissioner Jones, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, adopted the PFD as written to deny the sales agent application of John Sandlin Christie

ACTION on 11.b.: Upon motion of Commissioner Stephens, duly seconded by Commissioner Martinez, the Commission, by unaminous vote, adopted the PFD as written to assess an administrative penalty of $5,000 and to suspend the sales agent license of Kevin Lanard Bierwirth for two years to be fully probabted after the first six months so long as the administrative penalty is paid in full

ACTION on 11.c.: Upon motion of Commissioner Westcott, duly seconded by Commission Arriaga, the Commission, by unanimous vote, adopted the PFD as written to assess Sylan Chang a $7,500 administrative penalty and to suspend any license for six months in the event she applies for and obtains a new license from the Commission

ACTION on 11.d.: Upon motion of Chair Wukasch, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, adopted the PFD as written to deny the sales agent application of Sara Elizabeth Love

ACTION on 11.e.: Commissioner Arriaga, duly seconded by Commissioner Stephens, moved to modify the PFD as written to deny the sales agent application of Marcel Gomez. Commissioner Martinez, duly seconded by Commissioner Westcott, then moved to amend the motion to include modifications to the Findings of Fact and Conclusions of Law. The amended motion was adopted by unanimous vote

ACTION on 11.f.: Commissioner Martinez, duly seconded by Commissioner Arriaga, moved to modify the PFD as written to grant a probationary license to Michelle Santos for five years. Commissioner Westcott, duly seconded by Commissioner Arriaga, then moved to amend the motion to add automatic revocation for any violation of TREC Rules during the probationary period. The amended motion was adopted with Commissioner Westcott voting nay

NOTE: Commissioner Stephens exited the meeting and did not return.

ACTION on 11.g.: Commissioner Westcott, duly seconded by Commissioner Arriaga moved to modify the PFD as written to modify the Findings of Fact and Conclusions of Law and to revoke the sales agent license of Josef A. Riekers. The motion was adopted by unanimous vote

ACTION on 11.h.: Upon motion of Commissioner Leonard, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, adopted the PFD as written to deny the sales agent application of Kimberly Dukes Ford

ACTION on 11.i.: Upon motion of Commissioner Westcott, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, moved to adopt the PFD as written to suspend the sales agent license of Abdul R. Qureshi for six months, to assess an administrative penalty of $14,500, and require Mr. Qureshi to refund $7,684.74 in Commissions to Mr. Aquil

Agenda Item 12 Discussion and possible action to authorize settlement of recovery fund claims or take other action on

a. RF 17006; Lopez v. Laredo's 1st Choice Realty, LLC

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Martinez, the Commission, by unanimous vote, authorized payment of $50,000, the maximum amount allowed for this claim in RF 17006; Lopez v. Laredo's 1st Choice Realty, LLC

Agenda Item 13  Discussion and possible action to adopt amendments to 22 TAC §535.4, License Required

Speaker:

Bob Baker

ACTION: Commissioner Westcott, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.4, License Required, as presented, to the Texas Register along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.

NOTE: Commissioner Westcott left the meeting temporarily.

Agenda Item 14 Discussion and possible action to adopt amendments to 22 TAC §535.61, Approval of Providers of Qualifying Courses

ACTION: Commissioner Arriaga, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.61, Approval of Providers of Qualifying Courses, as presented, to the Texas Register along with any technical or non-subsantive changes required for adoption.  The motion was adopted by unanimous vote.

Agenda Item 15 Discussion and possible action to adopt amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses

ACTION: Commissioner Leonard, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses, and the form adopted by reference, as presented, to the Texas Register, along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.

Agenda Item 16 Discussion and possible action to adopt amendments to 22 TAC §535.216, Renewal of License

ACTION: Commissioner Martinez, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.216, Renewal of License, as presented, to the Texas Register, along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.

Agenda Item 17 Discussion and possible action to propose amendments to 22 TAC §535.5, License Not Required and new 22 TAC §535.6, Equitable Interests in Real Property

ACTION: Commissioner Turner, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.5, License Not Required and new 22 TAC §535.6, Equitable Interests in Real Property, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and public comment.  The motion was adopted by unanimous vote.

Agenda Item 18 Discussion and possible action to propose amendments to 22 TAC §535.53, Business Entity; Designated Broker

ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.53, Business Entity; Designated Broker, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register for publication and public comment.  The motion was adopted by unanimous vote.

NOTE: Commissioner Westcott returned to the meeting.

Agenda Item 19 Discussion and possible action to propose amendments to 22 TAC §535.63, Content Requirements for Qualifying Real Estate Courses

ACTION: Commissioner Arriaga, duly seconded by Commissioner Jones, moved that staff is authorized on behalf of this Commission to submit the proposed amendments to 22 TAC §535.63, Content Requirements for Qualifying Real Estate Courses, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register for publication and public comment. The motion was adopted by unanimous vote.

Agenda Item 20 Discussion and possible action to propose amendments to 22 TAC §535.64, Content Requrements for Qualifying Real Estate Courses

ACTION: Commissioner Westcott, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission to submit the proposed amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register for publication and public comment.  The motion was adopted by unanimous vote.

Agenda Item 21 Discussion and possible action to propose amendments to 22 TAC §535.65, Responsibilities and Operations of Providers of Qualifying Courses

ACTION: Commissioner Leonard, duly seconded by Commissioner Martinez, moved that staff is authorized on behalf of this Commission to submit the proposed amendments to 22 TAC §535.65, Responsibilities and Operations of Providers of Qualifying Courses, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register for publiation and public comment.  The motion was adopted by unanimous vote.

Agenda Item 22 Discussion and possible action to propose amendments to 22 TAC Chapter 535 as follows:

a. §535.218, Continuing Education Required for Renewal;

b. §535.72, Approval of Non-elective Continuing Education Courses;

c. §535.74, Approval of Continuing Education Instructors;

d. §535.201, Definitions; and

e. §535.212, Education and Experience Requirements for a License

ACTION: Commissioner Martinez, duly seconded by Commissioner Turner, moved that staff is authorized on behalf of this Commission to submit the proposed amendments to 22 TAC Chapter 535, and any forms adopted by reference, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register for publiation and public comment.  The motion was adopted by unanimous vote.

Agenda Item 23 Discussion and possible action to propose amendments to 22 TAC §535.227, Standards of Practice: General Provisions

ACTION: Commissioner Turner, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission to submit the proposed amendments to 22 TAC §535.227, Standards of Practice: General Provisions, as presented, along with any technical or non-substantive changed required for proposal, to the Texas Register for publication and public comment.  The motion was adopted by unanimous vote.

Agenda Item 24 Discussion and possible action regarding legislative update

ACTION: Update given by Tony Slagle, Government Relations.

Agenda Item 25 Discussion and possible action regarding short term waiver of qualifying course design and delivery requirements under 22 TAC §535.62, Approval of Qualifying Courses

SPEAKER:

Rita Santamaria

ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved that staff is instructed to accept credit for qualifying courses that do not meet the design and delivery requirements set out in 22 TAC §§535.62(b)(6) & (7) until May 31, 2017 for classroom couses and August 31, 2017 for distance education. This motion does not extend any deadline to update a qualifying course to meet TREC's adopted content guidelines. The motion was adopted by unanimous vote.

Agenda Item 26 Discussion and possible action to approve TREC Investment Policy

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

Agenda Item 27 Discussion and possible action to approve Memorandum of Understanding with the Texas Appraiser Licensing and Certification Board.

ACTION: Commissioner Arriaga, duly seconded by Commissioner Leonard, moved that the Commission approve the Memorandum of Understanding with the Texas Appraiser Licensing and Certification Board as presented. The motion was adopted by unanimous vote.

Agenda Item 29 Discussion regarding review of 22 TAC §541.1, Criminal Officnse Guidelines and inclusion of provisional probationary licenses on the discimplinary action display on TREC's website

ACTION: Chair Wukasch assigned this task to the Enforcement Committee

Agenda Item 30 Discussion and possilbe action to approve conent of Inspector Legal & Ethics CE Course

ACTION: Commissioner Leonard, duly seconded by Commissioner Arriaga, moved that the Commission approve the content of Inspector Legal & Ethics CE Course as presnted.  The motion was adopted by unanimous vote.

Agenda Item 31 Discussion and possible action regarding future agenda items.

ACTION: Commissioner Westcott asked to discuss new technological advances within the real estate brokerage field. Commissioner Martinez asked to discuss outreach to the public to distinguish the Commission from trade associations.

Agenda Item 32 Discussion and possible action to schedule future meetings.

ACTION: The next meeting of the Commission is scheduled for May 1, 2017, at 10:00 a.m.

Agenda Item 33 Adjourn

ACTION: The meeing was adjourned at 3:35 p.m.