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 Kesner called the meeting to order at 10:00 a.m.
Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
No action needed.
Agenda Item 3 Opening remarks and report from the Chair
ACTION: Chair Kesner provided opening remarks.
Agenda Item 4 Discussion and appointments to the Broker Responsibility Working Group
ACTION: Commissioner Miller, seconded by Commissioner Leonard, moved appoint the following individuals to the Broker Responsibility Working Group:
Chance Brown, Houston;
Socar Chatmon-Thomas, Austin;
Holly Hightower, Tyler;
Bob Jacobs, San Antonio;
Leslie Lerner, Houston;
Yazmin Perez, Hutto;
William Roth, Dallas;
Brian Sales, Midland; and
Pamela Titzell, Lubbock.
The motion was adopted by unanimous vote.
Agenda Item 5 Staff reports by Executive Director, Deputy Executive Director, and Division Directors regarding agency operations, initiatives, and division updates
ACTION: Reports were given by the following:
Chelsea Buchholtz, Executive Director
Tony Slagle, Deputy Executive Director
Agenda Item 6 Report by the Executive Committee
ACTION: Report given by Chair Kesner
Agenda Item 7 Report by the Budget Committee
ACTION: Report given by Commissioner Williams
Agenda Item 8 Report by the Enforcement Committee
ACTION: Report given by Commissioner Turner
Agenda Item 9 Report by Broker-Lawyer Committee
ACTION: Report given by Ron Walker, Co-Chair of the committee
Agenda Item 10 Report by Education Standards Advisory Committee
ACTION: Report given by Kelea Youngblood, Chair of the committee
Agenda Item 11 Report by Texas Real Estate Inspector Committee
ACTION: Report given by Lee Warren, Chair of the committee
The Commission went into a break at 11:28 a.m.
Chair Kesner reconvened the meeting at 11:37 a.m.
Agenda Item 12 Members of the public have the opportunity to address the Commission concerning an agenda item or an issue of public interest that is not on the agenda. Anyone wishing to provide public comment on an issue of public interest that is not on the agenda may do so under this section. Members of the public who wish to speak on a matter specifically listed on the agenda may do so at the time that agenda item is heard.
All individuals wishing to provide public comment of any sort should fill out a speaker request form with the agency’s designated agent.
Comment:
Douglas Oldmixon
Agenda Item 13 Consideration and possible action regarding proposal for decision in the matter of
a. SOAH Docket No. 329-20-0305.REC; Texas Real Estate Commission v. Johnny Wayne Nail
b. SOAH Docket No. 329-20-1466.REC & 329-20-1730; Texas Real Estate Commission v. Networth Realty of Houston LLC and Scott Allen McClellan
Speaker:
Johnny Wayne Nail
Agenda Item 14 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 1:10 p.m.
Chair Kesner reconvened the meeting at 2:18 p.m.
Agenda Item 15 Discussion and possible action to authorize settlement of recovery fund claims or take other action on:
a. RF 19015; Danny Segev, Idit Segev and DIS Enterprises, LLC v. David Vincent Ehrler, Jr.
b. RF 20006; Benjamin Sanchez v. Azucena "Susana" Cordova
c. RF 20007; Sun Unity Investments, LLC v. Ronald Lee Tarvin d/b/a Texas Choice Realty
d. RF 20010; Darren K. Richardson v. Tramonica Green w/ Texas Premier Realty
e. RF 20011; Juan Carlos Aguirre-Suarez and Lillia Pantoja-Rodriguez v. Edwardo Cavada and Jovan Manuel Mondragon
f. RF 20012; Kurt Schuetz v. Charlene Stark King d/b/a King Real Estate
g. RF 20013; Xavier Flores v. Jerry Tubbs
Note: No action was taken on 15.e.
ACTION: Commissioner Turner, seconded by Commissioner Leonard moved
The motion was adopted by unanimous vote.
Agenda Item 16 Discussion and possible action to adopt amendments to 22 TAC Chapter 535, Subchapter G as follows:
a. §535.72, Approval of Non-elective Continuing Education Courses
b. §535.73, Approval of Elective Continuing Education Courses
c. §535.75, Responsibilities and Operations of Continuing Education Providers
Comments:
Scott Hilton
Kimberly Dydalewicz
ACTION: Commissioner Leonard, seconded by Commissioner Williams, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 535, Subchapter G, 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 no.
Agenda Item 17 Discussion and possible action to adopt amendments to 22 TAC §535.92, Continuing Education Requirements
Comment:
Rick Albers
ACTION: Commissioner Wilkinson, seconded by Commissioner Russell, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.92, Continuing Education Requirements, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption. No vote was taken.
Commissioner Leonard, seconded by Commissioner Turner, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.92, Continuing Education Requirements, as published, 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 535, Subchapter R as follows:
a. §535.210, Fees
b. §535.215, Inactive Inspector Status
ACTION: Commissioner Leonard, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 535, Subchapter R, as published, 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 adopt amendments to 22 TAC §539.140, Schedule of Administrative Penalties
ACTION: Commissioner Leonard, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §539.140, Schedule of Administrative Penalties, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.
Agenda Item 20 Discussion and possible action to propose amendments to 22 TAC §535.65, Responsibilities and Operations of Providers of Qualifying Courses
ACTION: Commissioner Russell, seconded by Commissioner Leonard, moved to authorize staff, on behalf of the Commission, to submit the proposed amendment to §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 publication and public comment. The motion was adopted by unanimous vote.
Agenda Item 21 Discussion and possible action to propose amendments to 22 TAC, Chapter 535, Subchapter R as follows:
§535.208, Application for a License;
§535.209, Examinations;
§535.212, Education and Experience Requirements for a License;
§535.213, Qualifying Real Estate Inspector Courses; and
§535.214, Education and Experience Requirements for a License (NEW)
Comment:
ACTION: Commissioner Leonard, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments and new rule to 22 TAC Subchapter R, 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 22 Discussion and possible action to propose amendments to 22 TAC, §535.400; Registration of Easement and Right-of-Way Agents
ACTION: Commissioner Leonard, seconded by Commissioner Russell, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC §535.400, Registration of Easement and Right-of-Way Agents, 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, Chapter 537, regarding Standard Contract forms as follows:
§537.20, Standard Contract form TREC No. 9-13 (Unimproved Property Contract);
§537.28, Standard Contract form TREC No. 20-14 (One to Four Family Residential Contract (Resale));
§537.30, Standard Contract form TREC No. 23-15 (New Home Contract (Incomplete Construction));
§537.31, Standard Contract form TREC No. 24-15 (New Home Contract (Completed Construction));
§537.32, Standard Contract form TREC No. 25-12 (Farm and Ranch Contract);
§537.37, Standard Contract form TREC No. 30-13 (Residential Condominium Contract (Resale)
§537.43, Standard Contract form TREC No. 36-8 (Addendum for Property Subject to Mandatory Membership in a Property Owners Association);
§537.58, Standard Contract form TREC No. 51-0 (Addendum Regarding Residential Leases) (NEW); and
§537.59, Standard Contract form TREC No. 52-0 (Addendum Regarding Fixture Leases) (NEW)
Comment:
Lori Levy
ACTION: Commissioner Stephens moved to authorize staff on behalf of the Commission, to submit the proposed rules to 22 TAC Chapter 537 and the forms adopted by reference, excluding paragraphs 4, 5, 18, and 23 related to the option fee, and excluding the new Residential Leases addendum, to the Texas Register, for publication and public comment and to return these paragraphs and the Residential Leases addendum to the Broker-Lawyer Committee for further consideration. The motion was withdrawn. Commissioner Stephens, seconded by Commissioner Leonard, moved to postpone submitting the proposed rules to 22 TAC Chapter 537 and forms adopted by reference to the Texas Register and send them back to the Broker-Lawyer Committee for further review. The motion failed with Commissioners Wilkinson and Stephens voting yes. Commissioner Russell, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC Chapter 537, 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 with Commissioner Stephens voting no.
Agenda Item 24 Report on Market Trends by Texas A&M University Real Estate Center
Agenda Item 24 resumed after technical difficulties.
ACTION: Report given by Dr. James P. Gaines, Chief Economist, Texas A&M Real Estate Center
Agenda Item 25 Discussion and possible action regarding Budget and Investment Policy
ACTION: Commissioner Leonard, seconded by Commissioner Stephens, moved to approve the Budget and Investment Policy as presented. The motion was withdrawn. Commissioner Stephens, seconded by Commissioner Turner, moved to take no action on the Budget and Investment Policy and bring it back at the August Commission meeting. Commissioner Stephens, seconded by Commissioner Williams, revised her motion and moved to take no action on the Budget and Investment Policy or the FY2021 draft budget in Agenda Item 26. The revised motion was adopted by unanimous vote.
Agenda Item 26 Discussion and possible action regarding FY2021 draft budget
ACTION: See motion under Agenda Item 25.
Agenda Item 27 Discussion and possible action to establish a process concerning committee appointments
No action required.
Agenda Item 28 Discussion and possible action to establish a process concerning Commissioner attendance at public meetings
ACTION: The Commission decided by consensus for Commissioners to notify the Chair, Executive Director, or General Counsel at least 24 hours in advance if they are unable to attend a meeting.
Agenda Item 29 Discussion and possible action regarding FY2021-2025 Strategic Plan
ACTION: Commissioner Leonard, seconded by Commissioner Miller, moved to delegate approval of the FY2021-2025 Strategic Plan to the Executive Committee. The motion was adopted with Commissioner Williams abstaining.
Agenda Item 30 Discussion and possible action to approve new or changes to TREC forms:
a. DE CIE-0; Distance Education Course Evaluation Form
b. CL CIE-0; Classroom Course Evaluation Form
ACTION: Commissioner Wilkinson, seconded by Commissioner Stephens moved to approve new forms as presented. The motion was adopted by unanimous vote.
Agenda Item 31 Discussion and possible action regarding future agenda items
ACTION: Commissioner Miller requested a discussion regarding a possible new license for manufactured housing and if it is considered real property or personal property.
Agenda Item 32 Discussion and possible action to schedule future meetings
ACTION: The next meeting of the Commission is scheduled for August 10, 2020, at 10:00 a.m.
Agenda Item 33 Adjourn
ACTION: Commissioner Leonard, seconded by Commissioner Turner, moved to adjourn the meeting. The motion was adopted unaimously and the meeting adjourned at 3:44 p.m.