Agenda Item 1 Call to order and pledges of allegiance
ACTION: Chair Kesner called the meeting to order at 10:01 a.m.

Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
No action needed or taken.

Agenda Item 3 Opening remarks and report from the Chair
Chair Kesner provided opening remarks.

Agenda Item 4 Welcome new Commissioners and recognition of departing Commissioners
Chair Kesner recognized outgoing members TJ Turner, Bob Leonard, and Rayito Stephens
Comments given by TJ Turner

Comments given by Bob Leonard

Agenda Item 5 Officer Election
ACTION: Commissioner Wilkinson, seconded by Commissioner Russell, moved to nominate Commissioner Miller as Vice-Chair.  Commissioner Miller was elected Vice-Chair by unanimous vote.  Commissioner Wilkinson, seconded by Commissioner Russell, moved to nominate Commissioner Hartgraves as Secretary.  Commissioner Hartgraves was elected Secretary by unanimous vote.

Agenda Item 6 Discussion and Appointments to:
a. Enforcement Committee
b. Budget Committee
c. Commission co-liaison to the Texas Real Estate Inspector Committee
d. Broker Responsibility Working Group
ACTION: Chair Kesner made the following appointments:
a. Commissioners Miller (Chair), Hartgraves, and Lerner to the Enforcement Committee;
b. Commissioners Williams (Chair), Peña, and Woodroof to the Budget Committee;
c. Chair Kesner as the Commission liaison to the Texas Real Estate Inspector Committee; and
d. Commissioners Russell, Miller, and Lerner as the Commission liaisons to the Broker Responsibility Working Group.
ACTION: Commissioner Miller, seconded by Commissioner Wilkinson, moved to appoint Ty Williams as a member of the Broker Responsibility Working Group to replace the vacancy left by Leslie Lerner who is now a Commissioner.  The motion was adopted by unanimous vote.

Agenda Item 7 Appointment of a committee to review applicants for the Texas Real Estate Broker-Lawyer Committee
ACTION: Chair Kesner appointed Commissioners Hartgraves, Wilkinson, and himself to review applications for two open positions on the committee.

Agenda Item 8 Staff reports by Executive Director, Deputy Executive Director, and Division Directors regarding agency operations, initiatives, and division updates
Reports given by the following:
Chelsea Buchholtz, Executive Director
Robert Hood, Director of Customer Relations Division
Jennifer Wheeler, Director of Education & Examinations Division
Denise Sample, Director of Licensing Division
Mike Molloy, Director of Enforcement Division
Steve Rapp, Director of Information Technology Division
Ranada Williams, Director of Financial Services Division

Agenda Item 9 Report by the Executive Committee
ACTION: Report given by Chair Kesner

Agenda Item 10 Report by the Budget Committee
ACTION: Report given by Commissioner Williams, Chair of the committee

Agenda Item 11 Report by the Education Standards Advisory Committee
ACTION: Report given by Kelea Youngblood, Chair of the committee

Agenda Item 12 Report by the Texas Real Estate Inspector Committee
ACTION: Report given by Lee Warren, Chair of the committee

Agenda Item 13 Report by the Broker Responsibility Working Group
ACTION: Report given by Leslie Lerner, Chair of the committee

Agenda Item 14 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: Mickey Lackey

Agenda Item 15 Consideration and possible action regarding proposal for decision in the matter of
a. SOAH Docket No. 329-21-0536.REC; TREC v. Omar Gutierrez
b. SOAH Docket No. 329-21-0385.REC; TREC v. Thomas Robert Simpson
ACTION on 15.a. Commissioner Woodroof, seconded by Commissioner Peña, moved to adopt the PFD as written to deny the application for a real estate sales agent license filed by Omar Gutierrez. The motion was adopted by unanimous vote.
ACTION on 15.b. Commissioner Wilkinson, seconded by Commissioner Woodroof, moved to adopt the PFD as written to revoke the sales agent license of Thomas Robert Simpson. The motion was adopted by unanimous vote.

Agenda Item 16 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 12:22 p.m.
Chair Kesner reconvened the meeting at 1:29 p.m.

Agenda Item 17 Discussion and possible action to authorize settlement of recovery fund claims or take other action on RF 21004; Juan Trujillo and Maria Trujillo v. Gary Lynn Roberts, Elda Roberts, Creek Crossing Realty, LLC, and Paul Obed Bermudez
ACTION: Commissioner Lerner, seconded by Commissioner Russell, moved to authorize payment of $50,000, the maximum amount allowed by law.  The motion was adopted by unanimous vote.

Agenda Item 18 Report regarding denial of recovery fund claims as follows:
a. RF 20009; Robin Harman v. Bobby Duane Vise
b. RF 21003; Dwayne Ayler and Theresa Evans v. Durwan D. Green, Tramonica Green, and Foreclosure Consulting Service, Inc.
Report given by Vanessa E. Burgess, General Counsel.

Agenda Item 19 Discussion and possible action to adopt 22 TAC §533.50, Petition for Adoption of Rules (NEW)
ACTION: Commissioner Miller, seconded by Commissioner Lerner, moved to authorize staff, on behalf of the Commission, to submit for adoption, new 22 TAC §533.50, Petition for Adoption of Rules, 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 20 Discussion and possible action to propose amendments to 22 TAC Chapter 535, Subchapter R as follows:
a. §535.227, Standards of Practice: General Provisions;
b. §535.228, Standards of Practice: Minimum Inspection Requirements for Structural Systems;
c. §535.229, Standards of Practice: Minimum Inspection Requirements for Electrical Systems;
d. §535.330, Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems;
e. §535.331, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems;
f.  §535.332, Standards of Practice: Minimum Inspection Requirements for Appliances;
g. §535.333, Standards of Practice: Minimum Inspection Requirements for Optional Systems; and
h. §535.223, Standard Inspection Report Form
ACTION: Commissioner Miller, seconded by Commissioner Woodroof, moved to submit the proposed amendments to 22 TAC Chapter 535, Subchapter R, and the form 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 21 Update regarding 87th Legislative Session
Report given by Tony Slagle, Deputy Executive Director

Agenda Item 22 Report on Market Trends and Annual Report by Texas A&M University Real Estate Center
Remarks by Gary Maler

The Commission went into a break at 11:23 a.m.
Chair Kesner reconvened the meeting at 11:30 a.m. and went to Agenda Item 24

Presentation by Dr. James Gaines

Agenda Item 23 Discussion and possible action regarding FY2022 draft budget
Presentation given by Ranada Williams, Director of Financial Services

Agenda Item 24 Discussion regarding FY2021 Human Resources Internal Audit Report
Report given by Liz Meyers, McConnell & Jones, LLP

Agenda Item 25 Discussion and possible action regarding Inspector Legal & Ethics and Standards of Practice Review course
ACTION: Commissioner Miller, seconded by Commissioner Wilkinson, moved to approve Inspector Legal & Ethics and Standards of Practice Review course as presented, along with any technical or non-substantive changes required for publication. The motion was adopted by unanimous vote.

Agenda Item 26 Discussion and possible action regarding Executive Committee make up and public member participation
ACTION: Commissioner Lerner, seconded by Commissioner Williams, moved to adopt policy regarding Executive Committee make up as presented.  The motion was adopted by unanimous vote.

Agenda Item 27 Discussion and possible action regarding future agenda items
No items were suggested.

Agenda Item 28 Discussion and possible action to schedule future meetings
Previously scheduled future meeting dates:
Monday, August 9, 2021 Meeting
Tuesday, August 10, 2021 Workshop (if desired)
Monday, November 8, 2021 Meeting
Tuesday, November 9, 2021 Annual Workshop
ACTION: The next meetings of the Commission are currently scheduled for August 9 and 10, 2021, and November 8 and 9, 2021.

Agenda Item 29 Adjourn
ACTION: Commissioner Peña, seconded by Commissioner Hartgraves, moved to adjourn the meeting.  The motion was adopted by unanimous vote and the meeting was adjourned at 2:06 p.m.