TREC Commission Meeting
The meeting agenda and any meeting materials can be found under 'Meeting Materials' on the right side of this page. 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 items may have been presented in a different order.
Agenda Item 1 Call to order and pledges of allegiance
ACTION: Chair Wukasch called the meeting to order at 10:00 a.m.
Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
ACTION: Commissioner Miller, duly seconded by Commissioner Williams, moved to excuse the absence of Commissioner Turner. The motion was adopted by unanimous vote.
Agenda Item 3 Election of Vice-Chair & Secretary
ACTION: Chair Wukasch opened the floor for nominations to Vice-Chair. Commissioner Stephens moved to nominate Commissioner Arriaga and Commissioner Williams moved to nominate Commissioner Leonard. The Commission elected Commissioner Arriaga for Vice Chair with Commissioners Arriaga, Stephens, Westcott, Miller and Wilkinson voting for Commissioner Arriaga and Commissioners Leonard and Williams voting for Commissioner Leonard. Chair Wukasch abstained.
ACTION: Chair Wukasch opened the floor for nominations to Secretary. Commissioner Stephens moved to nominate Commissioner Turner. The Commission elected Commissioner Turner to Secretary with Chair Wukasch abstaining.
Agenda Item 4 Appointments to:
a. Enforcement Committee
b. Budget Committee
c. Commission liaison to the Texas Real Estate Inspector Committee
d. Commission liaison to the Education Standards Advisory Committee
e. Texas A & M Real Estate Center Advisory Committee
f. Broker Responsibility Working Group
ACTION: Chair Wukasch made the following appointments:
a. Commissioner Turner, as Chair, along with Commissioners Leonard and Arriaga to the Enforcement Committee
b. Commissioners Westcott, Williams and Stephens to the Budget Committee
c. Commissioner Arriaga as the Commission liaison to the Texas Real Estate Inspector Committee
d. Commissioner Wilkinson as the Commission liaison to the Education Standards Advisory Committee
e. Commissioner Miller as the Commission liaison to the Texas A & M Real Estate Center Advisory Committee
f. Bill Jones as Chair, along with Bill Evans, Gayla Skates, Kelly Gonzalez, Bob Jacobs, Bob Baker, Jessica Craig, Nancy Herzig and Mary Lynn Gibbs to the Broker Responsibility Working Group (BRWG)
Chair Wukasch charged the BRWG to review the following:
Temporary out of state practice registrations for RE Brokers in commercial transactions.
Broker license requirements -- review both education and experience; can more relevant and transactional experience (both years and transactions) offset a portion of the required education? What about agency managerial experience? Relevant military experience?
Minimum competence requirements -- can we define any basic training requirements for a broker’s sponsored agents to assist with ensuring minimum competence?
Broker to broker mentorship program -- review and make recommendations about the minimum standards for mentors and appropriate use of this alternative?
Broker’s role in potential award/maintenance of TREC specialty certification issues and processes for sponsored agents?
Determine if additional steps need to be taken to make sure fee for service brokers are meeting minimum statutory requirements.
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
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
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 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 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 11:02 a.m.
The meeting resumed at 12:08 p.m.
Agenda Item 11 Consideration and possible action regarding rehearing on the proposal for decision in the matter of Docket No. 329-17-3290.REC; TREC v. Billy Dee Deeds
ACTION: Commissioner Arriaga, duly seconded by Commissioner Stephens, moved to accept the PFD as written to deny the sales agent license application of Billy Dee Deeds. The motion was adopted with Commissioners Williams and Leonard voting nay.
Agenda Item 12 Consideration and possible action regarding proposal for decision in the matter of
a. Docket No. 329-17-5221.REC; Sarah Elizabeth Monk v. TREC
b. Docket No. 329-17-5426.REC; TREC v. Mark Allen Kettler
c. Docket No. 329-17-5806.REC; TREC v. Michael Turner
Agenda Item 13 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 18001; Maria Molina and Manuel Molina v. George A. Wilburn dba Mission Custom Homes, et al.
b. RF 18003; William N. Dilla and Mary Ann Vorisek Dilla v. Johnnie Matthews Rabon, Jr.
c. RF 18005; Pedro Silva v. Juan J. Olivares
d. RF 18002; Dennis J. Hein v. Philip Lee “Shy” Shinalt
e. RF 18004; Act Daddy, Inc. and Timothy J. DeWein v. Omar and Judy Enriquez
f. RF 18006; Kathleen R. Rich and John R. Harrell v. Olujimi Olusegun Vaughan aka Vincent Oscar aka Jimmie Vaughan
NOTE: Items 13.a. and 13.f. were both pulled from the agenda.
Agenda Item 14 Discussion and possible action to adopt amendments to 22 TAC §535.65, Responsibilities and Operations of Providers of Qualifying Courses
ACTION: Commissioner Westcott, duly seconded by Commissioner Wilkinson, 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 with Commissioner Stephens voting nay.
Agenda Item 15 Discussion and possible action to adopt amendments to 22 TAC Chapter 537 as follows:
a. §537.20; Standard Contract Form TREC No. 9-12;
b. §537.28; Standard Contract Form TREC No. 20-13;
c. §537.30; Standard Contract Form TREC No. 23-14;
d. §537.31; Standard Contract Form TREC No. 24-14;
e. §537.32; Standard Contract Form TREC No. 25-11;
f. §537.37; Standard Contract Form TREC No. 30-12;
g. new §537.55; Standard Contract Form TREC No. 48-0;
h. new §537.56. Standard Contract Form TREC No. 49-0
ACTION on 15.a. through 15.e.: Commissioner Leonard, duly seconded by Commissioner Miller, moved that staff is authorized on behalf of this Commission to submit for adoption, amendments to 22 TAC Chapter 537, and the forms adopted by reference, as presented, to the Texas Register, along with any technical or non-substantive changes require for adoption. The forms adopted by reference in these rules will be available for voluntary use upon adoption and will be required for mandatory use on May 15, 2018. The motion was adopted by unanimous vote.
ACTION on 15.f.: 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 Chapter 537, and the forms adopted by reference, as presented, to the Texas Register, along with any technical or non-substantive changes require for adoption. The form adopted by reference in this rule will be available for voluntary use upon adoption and will be required for mandatory use on May 15, 2018. The motion was adopted with Commissioner Stephens voting nay.
ACTION on 15.g.: Commissioner Arriaga, duly seconded by Commissioner Miller, moved that staff is authorized on behalf of this Commission to submit for adoption, amendments to 22 TAC Chapter 537, and the form adopted by reference, as presented, to the Texas Register, along with any technical or non-substantive changes require for adoption. The form adopted by reference in this rule will be available for voluntary use upon adoption and will be required for mandatory use on May 15, 2018. The motion was adopted with Commissioner Stephens voting nay.
ACTION on 15.h.: Commissioner Miller, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission to submit for adoption, amendments to 22 TAC Chapter 537, and the form adopted by reference, as presented, to the Texas Register, along with any technical or non-substantive changes require for adoption. The form adopted by reference in this rule will be available for voluntary use upon adoption and will be required for mandatory use on May 15, 2018. The motion was adopted with Commissioner Stephens voting nay.
Agenda Item 16 Discussion and possible action to adopt amendments to 22 TAC §535.211, Professional Liability Insurance, or Any Other Insurance that Provides Coverage for Violations of Subchapter G of Chapter 1102
ACTION: Commissioner Wilkinson, duly seconded by Commissioner Leonard, moved that the Commission take no action on the proposed amendments to 22 TAC §535.211, Professional Liability Insurance, and that the Commission remand this matter to the inspector committee to allow for continued discussion and examination of a proposed legislative fix for all consumer recovery issues to be implemented as part of the agency’s sunset review. The motion was adopted by unanimous vote.
Agenda Item 17 Discussion and possible action to adopt amendments to 22 TAC §541.1, Criminal Offense Guidelines
ACTION: Commissioner Williams, duly seconded by Commissioner Leonard, moved that amendments to 22 TAC §541.1, Criminal Offense Guidelines, be tabled until the May 2018 Commission meeting. The motion was adopted by unanimous vote.
Agenda Item 18 Discussion and possible action to adopt amendments to 22 TAC §535.52, Moral Character Requirements for Individual Applicant
ACTION: Commissioner Leonard, duly seconded by Commissioner Arriaga, moved that amendments to 22 TAC §535.52, Moral Character Requirements for Individual Applicant, be tabled until the May 2018 Commission meeting. The motion was adopted by unanimous vote.
Agenda Item 19 Discussion and possible action to propose amendments to 22 TAC §533.4, Failure to Answer; Failure to Attend Hearing and Default;
ACTION: Commissioner Williams, duly seconded by Commissioner Leonard, moved that staff be authorized, on behalf of this Commission, to submit the proposed amendments to 22 TAC §533.4, Failure to Answer; Failure to Attend Hearing and Default, 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 §537.45, Standard Contract Form TREC No. 38-5;
ACTION: Commissioner Arriaga, duly seconded by Commissioner Miller, moved that staff is authorized, on behalf of this Commission, to submit the proposed amendments to 22 TAC §537.45, Standard Contract Form, TREC No. 38-5, and the form adopted by reference, 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 new 22 TAC §537.57, Standard Contract Form TREC No. 50-0;
ACTION: Commissioner Stephens, duly seconded by Commissioner Miller, moved that staff is authorized, on behalf of this Commission, to submit the proposed amendments to 22 TAC §537.57, Standard Contract Form, TREC No. 50-0, and the form adopted by reference, 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 22 Discussion and possible action to open the review of
22 TAC Chapter 537, Professional Agreements and Standard Contracts
22 TAC Chapter 539, Provisions of the Residential Service Company Act
22 TAC Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act
ACTION: Commissioner Williams, duly seconded by Commissioner Miller, moved that staff is authorized, on behalf of this Commission, to submit the review of 22 TAC Chapter 537, Professional Agreements and Standard Contracts, 22 TAC Chapter 539, Provisions of the Residential Service Company Act, and 22 TAC Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act, as presented, to the Texas Register. The motion was adopted by unanimous vote.
Agenda Item 23 Discussion and possible action regarding the Long Term Facilities Master Plan
No Action required or taken.
Agenda Item 23A Discussion and possible action regarding new 22 TAC §535.154, Registration and Use of Alternate, Team and Assumed Business Names Used in Advertisements and new §535.155, Advertisements
ACTION: Commissioner Miller, duly seconded by Commissioner Westcott moved that staff is instructed to publicize that the Commission intends to propose a rule amendment to §535.155(d)(5) to delete the prohibition against using the word “realty” in a team name at their May meeting. Further, staff should accept registration of team names that include the word “realty” and not discipline any license holder that advertises a team name that includes the word “realty”. The motion was adopted with Chair Wukasch abstaining.
Agenda Item 24 Discussion and possible action regarding Ratification of TREC Budget re-allocation
ACTION: Commissioner Westcott, duly seconded by Commissioner Arriaga moved that the Commission ratify the TREC Budget re-allocation as presented. The motion was adopted by unanimous vote.
Agenda Item 25 Discussion and possible action to approve TREC Investment Policy
ACTION: Commissioner Miller, 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 26 Discussion and possible action to approve Strategic Plan calendar and issues
ACTION: Commissioner Williams, duly seconded by Commissioner Miller moved that the Commission approve the Strategic Plan calendar and issues as presented. The motion was adopted by unanimous vote.
Agenda Item 27 Discussion and possible action to approve new or changes to TREC forms:
a. TN-0; Notice of Team Name for a Broker’s License
b. DBA-2; Notice of Assumed Business Name (DBA) for a Broker’s License
c. BH-2; Background History Form
d. ISL-5; Application for Inactive Real Estate Sales Agent License
e. BL-7; Application for Real Estate Broker License by an Individual
f. MCD-1; Moral Character Determination
ACTION on 27.a. and 27.b.: Commissioner Miller, duly seconded by Commissioner Leonard moved that the Commission approve new or changes to TREC forms as presented. The motion was adopted by unanimous vote.
ACTION on 27.c. through 27.f.: Commissioner Leonard, duly seconded by Commissioner Arriaga moved that the Commission approve changes to TREC forms as presented. The motion was adopted by unanimous vote.
Agenda Item 28 Discussion and possible action regarding future agenda items
ACTION: Commissioner Arriaga asked under Agenda Item 23 for appointments to the Long Term Facilities Master Plan to be placed on the May agenda.
Agenda Item 29 Discussion and possible action to schedule future meetings
ACTION: The next Commission meeting is scheduled for May 7, 2018, at 10:00 a.m. The proposed date for the future meeting of the Commission is August 13, 2018.
Agenda Item 30 Adjourn
ACTION: The meeting was adjourned at 2:20 p.m.