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 10:02 a.m.
Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
ACTION: Commissioner Leonard, duly seconded by Commissioner Arriaga, moved to excuse the absence of Commissioners Westcott and Stephens
Agenda Item 3 Appointments to Long Term Facilities Committee
ACTION: Chair Wukasch appointed Commissioners Arriaga, Williams and Westcott to the Long Term Facilities Committee
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 were given by the following:
Kerri Lewis, Deputy 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 5 Report by Budget Committee
ACTION: Report given by Commissioner Williams
Agenda Item 6 Report by Education Standards Advisory Committee
ACTION: Report given by Susan Jones, Chair of the committee
Agenda Item 7 Report by Broker Responsibility Working Group
ACTION: Report given by Bill Jones, Chair of the committee
Agenda Item 8 Report by Broker-Lawyer Committee
ACTION: Report given by Ron Walker and Bo Blackburn, Co-Chairs of the committee
Agenda Item 9 Report by Texas Real Estate Inspector Committee
ACTION: Report given by Tony Slagle for Dianna Rose, Chair of the committee
Agenda Item 28 Discussion regarding Annual Internal Audit Report
ACTION: No action was required.
Agenda Item 29 Discussion regarding Texas Workforce Commission Audit Report
ACTION: No action was required.
Agenda Item 10 General comments from visitors on non‐agenda items
ACTION: No comments were given.
Agenda Item 11 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
ACTION: The Commission went into Executive Session at 11:40 a.m.
The meeting resumed at 1:24 p.m.
Agenda Item 12 Consideration and possible action regarding proposal for decision in the matter of
a. SOAH Docket No. 329-18-0991.REC; TREC v. Jesus Alfredo Vasquez
b. SOAH Docket No. 329-18-1551.REC; TREC v. Nancy Campos
ACTION on 12.b.: Chair Wukasch, duly seconded by Commissioner Arriaga moved to adopt the PFD as written to suspend the sales agent license of Nancy Campos for three years with the suspension fully probated for the three years beginning June 4, 2018 and ending June 4, 2021 and clarified to include the following conditions: 1. Respondent must comply with Chapter 1101 of the Texas Occupations Code and with the Rules of the Commission; 2. Respondent must fully cooperate with the Commission’s Standards & Enforcement Services Division in completing its investigation of any complaints filed against her; 3. Not later than the 10th working day after the date of this Order or the date of any new sponsorship or change in sponsorship, Respondent must submit to the Commission’s Standards & Enforcement Services Division a signed verification from Respondent’s sponsoring broker that the sponsoring broker has received a copy of this Order and is aware of Respondent’s probationary sales agent license and the terms of this Order. A violation of this term automatically suspends Respondent’s real estate sales agent license until the signed verification is received; 4. Respondent may not apply for a real estate broker license from the Commission during the term of this probationary order; and 5. Respondent must remain in compliance with the terms of the community supervision ordered in cause no. 151774201010, in the 208th Judicial District Court of Harris County, Texas. The motion was adopted by unanimous vote.
Agenda Item 13 Discussion and possible action regarding Cause No. D-1-GN-17-001112; Josef Adam Riekers v. TREC
ACTION: Chair Wukasch, duly seconded by Commissioner Arriaga, moved to continue with the appeal of the Travis County District Court decision. The motion was adopted by unanimous vote.
Agenda Item 14 Discussion and possible action to authorize settlement of recovery fund claims or take
other action on
a. RF 17004; Ben Luong v. David McMillan, Individually and d/b/a Covenant Partners Realty and Jason Campbell
b. RF 18004; Act Daddy, Inc. and Timothy J. DeWein v. Omar and Judy Enriquez
c. RF 18009; Diavilet Gonzalez v. Sam Allen Powell, Jr.
Agenda Item 15 Discussion and possible action to adopt amendments to 22 TAC §541.1, Criminal Offense Guidelines
ACTION: Commissioner Turner, duly seconded by Commissioner Wilkinson, moved that staff is authorized on behalf of this Commission to submit for adoption, amendments to 22 TAC §541.1, Criminal Offense Guidelines, 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 §535.52, Moral Character Requirements for Individual Applicant
ACTION: Commissioner Williams, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission to submit for adoption, amendments to 22 TAC §535.52, Moral Character Requirements for Individual Applicant, 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 §533.4, Failure to Answer; Failure to Attend Hearing and Default
ACTION: Commissioner Wilkinson, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission to submit for adoption, amendments to 22 TAC §533.4, Failure to Answer; Failure to Attend Hearing and Default, 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 Chapter 537 as follows:
a. §537.45, Standard Contract Form TREC No. 38-5 (Notice of Buyer’s Termination of Contract)
b. new §537.57, Standard Contract Form TREC No. 50-0 (Notice of Seller’s Termination of Contract)
ACTION: Commissioner Arriaga, duly seconded by Commissioner Leonard moved to withdraw the amendments to 22 TAC Chapter 537 and the forms adopted by reference, as presented. The motion was adopted by unanimous vote.
Agenda Item 19 Discussion and possible action to propose amendments to 22 TAC Chapter 537 as follows:
a. §537.47, Standard Contract Form TREC No. 40-7 (Third Party Financing Addendum)
b. new §537.58, Standard Contract Form TREC No. 51-0 (Release of Earnest Money)
c. §537.45, Standard Contract Form TREC No. 38-5 (Notice of Buyer’s Termination of Contract)
d. new §537.57, Standard Contract Form TREC No. 50-0 (Notice of Seller’s Termination of Contract)
ACTION: Commissioner Turner, duly seconded by Commissioner Arriaga, moved that staff be authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC Chapter 537 and the forms 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 20 Discussion and possible action to propose amendments to 22 TAC §535.155, Advertisements
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 §535.155, Advertisements, 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 §535.201, Definitions
ACTION: Commissioner Miller, duly seconded by Commissioner Arriaga, moved that staff be authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.201, Definitions, 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 535, General Provisions
ACTION: Commissioner Arriaga, duly seconded by Commissioner Leonard, moved that staff be authorized on behalf of this Commission, to open the review of 22 TAC Chapter 535, General Provisions. The motion was adopted by unanimous vote.
Agenda Item 23 Discussion and possible action to close the review of
a. 22 TAC Chapter 531, Canons of Professional Ethics and Conduct
b. 22 TAC Chapter 533, Practice and Procedure
c. 22 TAC Chapter 534, General Administration
d. 22 TAC Chapter 541, Rules Relating to the Provisions of the Texas Occupations Code, Chapter 53
ACTION: Commissioner Leonard, duly seconded by Commission Miller, moved that staff be authorized on behalf of this Commission, to close the review of 22 TAC Chapter 531, Canons of Professional Ethics and Conduct, Chapter 533, Practice and Procedure, Chapter 534, General Administration, and Chapter 541, Rules Relating to the Provisions of The Texas Occupations Code, Chapter 53. The motion was adopted by unanimous vote.
Agenda Item 24 Discussion and possible action regarding two-year renewal of agency contract with Pearson VUE for License Examination Development and Administration
ACTION: Commissioner Turner, duly seconded by Commissioner Arriaga, moved that the Commission approve the two-year renewal of agency contract with Pearson VUE for License Examination Development and Administration with an amendment to eliminate the use of PVT for TREC exam candidates and rely on the use of a photo and signature for identity verification and the additional provisions presented by staff.
Agenda Item 25 Discussion and possible action to approve 2019-2023 TREC Strategic Plan
ACTION: Commissioner Arriaga, duly seconded by Commissioner Wilkinson, moved to have another meeting to go over the Strategic Plan and Workforce Plan. The motion was adopted by unanimous vote. The Commission agreed to hold that meeting on May 30th at 10:00 a.m.
Agenda Item 26 Discussion and possible action regarding performance review and salary of TREC Executive Director
NOTE: Commissioner Wilkinson recused herself in Agenda Item 26.
ACTION: Commissioner Leonard, duly seconded by Commissioner Miller, moved to authorize a 5% increase in salary for the Executive Director to coincide with the beginning of FY2019. Commissioner Arriaga moved to amend the motion to a 0% increase. The amended motion failed. The original motion failed. Commissioner Turner, duly seconded by Commissioner Arriaga, moved to reconsider a salary increase at the August meeting. Commissioner Leonard moved to amend the date to the May 30th meeting. Commissioner Turner withdrew his motion. Commissioner Leonard, duly seconded by Commissioner Arriaga, moved to review the Executive Director’s salary and performance at the May 30th meeting. The motion was adopted by unanimous vote.
Agenda Item 27 Discussion and possible action regarding FY2019 draft budget
ACTION: No action was required.
Agenda Item 30 Discussion and possible action regarding changes to FBI fingerprinting policy
ACTION: No action was required.
Agenda Item 31 Discussion and possible action regarding future agenda items
ACTION: No action was taken.
Agenda Item 32 Discussion and possible action to schedule future meetings
ACTION: The next meeting of the Commission is scheduled for May 30, 2018, at 10:00 a.m. The future meeting of the Commission is scheduled for August 13, 2018, at 10:00 a.m.
Agenda Item 33 Adjourn
ACTION: The meeting was adjourned at 3:55 p.m.