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: The meeting was called to order at 10:00 a.m.
Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
ACTION: Commissioner Jones, duly seconded by Commissioner Arriaga, moved to excuse the absence of Commissioners Alley, Turner and Stephens. The motion was adopted by unanimous vote.
NOTE: Commissioner Martinez reported he would be late due to car trouble
Agenda Item 3 Appointments to the Texas Real Estate Inspector Committee
ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved to reappoint Steve Rinehart as an inspector member for a six year term, appoint Shawn Emerick as an inspector member for a six year term, and reappoint Matt Hart and Barbara Evans as public members for a two year term with an outstanding public member appointment to be made in the future. The motion was adopted by unanimous vote.
Agenda Item 4 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 given by the following:
Douglas Oldmixon, Executive Director
Lorie DeAnda, Director of Reception & Communication Services
Denise Sample, Licensing Manager
Mark Moore, Director of Standards & Enforcement Services
Steve Spyropoulos, Director of Information & Technology Services
Priscilla Pipho, Director of Staff & Support Services
Agenda Item 5 Report by Budget Committee
ACTION: Report given by Commissioner Westcott
Agenda Item 6 Report by Enforcement Committee
ACTION: Report given by Kerri Lewis
Agenda Item 7 Report by Education Standards Advisory Committee
ACTION: Report given by Kerri Lewis for Susan Jones, Chair of the committee
NOTE: Commissioner Martinez entered the meeting at 10:34 a.m.
Agenda Item 8 Report by Texas Real Estate Inspector Committee
ACTION: Report given by Tony Slagle for Dianna Rose, Chair of the committee
Agenda Item 29 Discussion and possible action regarding TREC Annual Internal Audit Plan 2017
ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved to approve the TREC Annual Internal Audit Plan 2017 as presented. The motion was adopted by unanimous vote.
Agenda Item 9 General comments from visitors on non-agenda items
No comments 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 and personnel matters pursuant to Texas Government Code §551.074
The meeting resumed at 11:47 a.m.
Agenda Item 11 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 17007; Hejmadi v. Premier Properties Realty, Inc., et al.
b. RF 17008; Magers v. Region Realty, Inc. and Fowler
c. IRF 17001; Ward v. Dougan
Agenda Item 12 Discussion and possible action to adopt amendments to 22 TAC §535.5, License Not Required and new 22 TAC §535.6, Equitable Interests in Real Property
ACTION: Commissioner Westcott, duly seconded by Commissioner Jones, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.5, License Not Required, and new §535.6, Equitable Interests in Real Property, 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 13 Discussion and possible action to adopt amendments to 22 TAC §535.53, Business Entity; Designated Broker
ACTION: Commissioner Arriaga, duly seconded by Commissioner Jones, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.53, Business Entity; Designated Broker, 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 14 Discussion and possible action to adopt amendments to 22 TAC §535.63, Approval of Qualifying Instructors
ACTION: Commissioner Martinez, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.63, Approval of Instructors of Qualifying Courses, 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 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 Martinez, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.64, Content Requirements for Qualifying Courses, 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 §535.65, Responsibilities and Operations of Providers of Qualifying Courses
ACTION: Commissioner Jones, duly seconded by Commissioner Martinez, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.65, Responsibilities and Operations of Providers of Qualifying Courses, 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 adopt 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 Westcott, duly seconded by Commissioner Martinez, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC Chapter 535 and any forms 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 18 Discussion and possible action to adopt amendments to 22 TAC §535.227, Standards of Practice: General Provisions
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 §535.227, Standards of Practice: General Provisions, 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 19 Discussion and possible action to propose amendments to 22 TAC §533.8, Motions for Rehearing
ACTION: Commissioner Martinez, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §533.8, Motions for Rehearing, 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 §535.53, Business Entity; Designated Broker
ACTION: Commissioner Leonard, duly seconded by Commissioner Jones, 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.
Agenda Item 21 Discuss and possible action to propose amendments to 22 TAC §535.56, Education and Requirements for a Broker License
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 §535.56, Education and Requirements for a Broker License, 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.
Speaker: Rita Santamaria, Champions School of Real Estate
Agenda Item 22 Discussion and possible action to propose amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses
ACTION: Commissioner Westcott, duly seconded by Commissioner Arriaga, 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, 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. The motion was adopted by unanimous vote.
Agenda Item 23 Discussion and possible action to propose amendments to 22 TAC §535.91, Renewal of a Real Estate License
ACTION: Commissioner Arriaga, duly seconded by Commissioner Martinez, moved that staff is authorized on behalf of this Commission to submit the proposed amendments to 22 TAC §535.91, Renewal of a Real Estate License, 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 24 Discussion and possible action on legislative matters
ACTION: Update given by Tony Slagle, Government Relations
Agenda Item 25 Discussion and possible action regarding display of probationary license Agreed Orders on disciplinary action page of website
ACTION: Commissioner Westcott, duly seconded by Commissioner Leonard, moved that an Agreed Order granting a probationary license due to a background history issue be displayed on the Disciplinary Action page of the Commission's website only until the probationary term is completed. The motion passed with Commissioner Martinez voting no.
Agenda Item 26 Discussion and possible action regarding appointment of agency investment officers
ACTION: Commissioner Arriaga, duly seconded by Commissioner Westcott, moved that the Commission appoint the agency's Director of Staff & Support Services and Chief Accountant to serve as the agency's investment officers. The motion was adopted by unanimous vote.
Agenda Item 27 Discussion and possible action regarding performance review and salary of TREC Executive Director
ACTION: Commissioner Jones, duly seconded by Commissioner Arriaga, moved that the Commission approve a 4% increase for Executive Director Oldmixon effective August 1, 2017. The motion was adopted by unanimous vote.
Agenda Item 28 Discussion and possible action regarding FY2018 draft budget
No action was required.
Agenda Item 30 Discussion and possible action to approve new or changes to TREC forms:
a. BBE RF-0; Renewal of Business Entity Broker License – Timely or Expired Less than Six Months
b. RF-9; Renewal of Individual Real Estate License – Timely or Expired Less than Six Months
c. INRF-2; Renewal of Inspector License – Timely or Expired Less than Six Months
d. ERW-RF-7; Renewal form for Easement or Right-of-Way Agent or Business
e. INE CE-0; Inspector Non-Elective Continuing Education Course Application
f. QE REI-1; Qualifying Real Estate Instructor Application
g. QE II-1; Qualifying Inspector Instructor Application
ACTION: Commissioner Arriaga, duly seconded by Commissioner Leonard, moved the Commission approve new or changes to TREC forms as presented. The motion was adopted by unanimous vote.
Agenda Item 31 Discussion and possible action regarding outreach to distinguish the Commission from trade associations
No action was required.
Agenda Item 32 Discussion and possible action regarding new technological advances in the real estate brokerage field
No action was required.
Agenda Item 33 Discussion and possible action regarding future agenda items
No items were discussed.
Agenda Item 34 Discussion and possible action to schedule future meetings
ACTION: The next meeting of the Commission is scheduled for August 7, 2017, at 10:00 a.m.
Agenda Item 35 Adjourn
ACTION: The meeting was adjourned at 12:56 p.m.