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
ACTION: Commissioner Russell, seconded by Commissioner Peña, moved to excuse the absences of Commissioners Williams and Woodroof. The motion was adopted by unanimous vote.

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

Agenda Item 4 Appointments to the Audit Committee
ACTION: Chair Kesner appointed Commissioner Peña to the Audit Committee and stated a member would be appointed from the Texas Appraiser Licensing and Certification Board.  Commissioners Kesner or Miller will also be on the committee as a broker member, to be decided at a later date.

Agenda Item 5 Recognition of departing public servants from the Texas Real Estate Broker-Lawyer Committee, Education Standards Advisory Committee, and The Texas Real Estate Inspector Committee
ACTION: Chair Kesner recognized the following departing public servants:
BLC: Lori Keebaugh, Terri Macaluso, Fred Rangel, and Charles Kramer
ESAC: Rob Cook, Sarah Norman, and Kellie Stokes
TREIC: Barbara Evans

Agenda Item 6 Appointments to Education Standards Advisory Committee
Chair Kesner offered condolences for Lynda Conway who passed away and stated Ruben Peña would take her place as an alternate to fulfill her term.
ACTION: Commissioner Wilkinson, seconded by Commissioner Russell, moved to accept the ESAC selection committee's recommendations as follows for a term ending December 31, 2023.
License Holder members: Kassie Locke, Julie Jackson, Charles Porter (Reappointment)
Alternate: Bob Baker
Educator members: Byron Underwood, Candace Cooke (Reappointment)
Alternate: David Turnquist
Public member: Rick Albers (Reappointment)
Alternate: James Crane
The motion was adopted by unanimous vote.

Agenda Item 7 Appointments to The Texas Real Estate Inspector Committee
ACTION: Commissioner Miller, seconded by Commissioner Peña, moved to accept the TREIC selection committees's recommendations as follows for a term ending December 31, 2023.
Public members: Keisha Moulton, David Motley (Reappointment)
Alternate: Barbara Evans
The motion was adopted by unanimous vote.

Agenda Item 8 Staff reports by Executive Director, Deputy Executive Director, Division Directors, and Communications Manager regarding agency operations, initiatives, and division updates
Reports given by the following:
Chelsea Buchholtz, Executive Director
Tony Slagle, Deputy Executive Director
Amy Jasper, Contact Center Manager, 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, Chief Financial Officer
Christine Anderson, Public Affairs and Communications Manager

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

Agenda Item 10 Report by the Texas Real Estate Broker-Lawyer Committee
Report given by General Counsel Burgess

Agenda Item 11 Report by the Education Standards Advisory Committee
Report given by Education Director Wheeler

Agenda Item 12 Report by the Broker Responsibility Working Group
Report given by Chance Brown, Chair

Agenda Item 13 Report by The Texas Real Estate Inspector Committee
Report given by Lee Warren, Chair

The Commission took a break at 11:43 a.m.

Chair Kesner reconvened the meeting at 11:55 a.m.

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.  
No comments were received.

Agenda Item 15 Consideration and possible action regarding proposal for decision in the matter of
a. SOAH Docket No. 329-21-1711.REC; TREC v. Robert P. Calk, Jr.
b. SOAH Docket No. 329-21-1966.REC; TREC v. Richard Joseph Walton
ACTION on 15.a.: Commissioner Hartgraves, seconded by Commissioner Peña, moved to adopt the PFD as written to revoke the sales agent license of Robert P. Calk, Jr. The motion was adopted with Chair Kesner recusing himself in the matter.
ACTION on 15.b. Chair Kesner, seconded by Commissioner Russell, moved to modify the PFD by striking and replacing Findings of Facts numbers 7, 8, 17, 26, 27, Conclusions of Law numbers 7, 9, 10, 11, 12, and to assess a $3,500 administrative penalty and to revoke the sales agent license of Richard Joseph Walton. The motion was adopted with Commissioners Hartgraves and Lerner voting nay.

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 12:33 p.m.
Chair Kesner reconvened the meeting at 1:50 p.m.

Agenda Item 17 Discussion and possible action to authorize settlement of recovery fund claims or take other action on:
a. RF 21008; Mohammad Abbas and Azhar Abbas v. Brian Baek and Lina Lim
ACTION: Commissioner Miller, seconded by Commissioner Hartgraves, moved to authorize a settlement 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 22001; Ramon Olivarez Romo v. Hold Fast Management Solutions, LLC d/b/a Hold Fast Rentals and Real Estate
Report given by Abby Lee, Deputy General Counsel.

Agenda Item 19 Discussion and possible action to adopt amendments to 22 TAC §535.43, Education Standards Advisory Committee
ACTION: Commissioner Peña, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.43, Education Standards Advisory Committee, 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 adopt amendments to 22 TAC §535.92, Continuing Education Requirements
ACTION: Commissioner Wilkinson, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.92, Continuing Education Requirements, 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 21 Discussion and possible action to adopt amendments to 22 TAC Chapter 535, Subchapter R as follows;
a. §535.201, Definitions
b. §535.206, The Texas Real Estate Inspector Committee
ACTION: Commissioner Peña, 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 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 22 Discussion and possible action to adopt amendments to 22 TAC §535.148, Receiving an Undisclosed Commission or Rebate
ACTION: Commissioner Peña, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.148, Receiving an Undisclosed Commission or Rebate, 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 23 Discussion and possible action to adopt amendments and new rule to 22 TAC Chapter 537 as follows:
a. §537.20, Standard Contract form TREC No. 9-14 (Unimproved Property Contract)
b. §537.28, Standard Contract form TREC No. 20-15 (One to Four Family Residential Contract (Resale))
c. §537.30, Standard Contract form TREC No. 23-16 (New Home Contract (Incomplete Construction))
d. §537.31, Standard Contract form TREC No. 24-16 (New Home Contract (Completed Construction))
e. §537.32, Standard Contract form TREC No. 25-13 (Farm and Ranch Contract)
f. §537.37, Standard Contract form TREC No. 30-14 (Residential Condominium Contract (Resale)
g. §537.60, Standard Contract form TREC No. 53-0 (Addendum containing Notice of Obligation to Pay Improvement District Assessment) (NEW)
ACTION: Commissioner Lerner, seconded by Commissioner Russell, moved to authorize staff, on behalf of the 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 required for adoption.  The motion was adopted by unanimous vote.

Agenda Item 24 Discussion and possible action to propose amendments to 22 TAC §531.18, Consumer Information
ACTION: Commissioner Miller, seconded by Commissioner Wilkinson, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC §531.18, Consumer Information, 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 25 Discussion and possible action to propose amendments to 22 TAC §535.56, Education and Experience Requirements for a Broker License
Comment: Scott Senter
ACTION: Commissioner Miller, seconded by Commissioner Lerner, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC §535.56, Education and Experience Requirements for a Broker License, 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 26 Discussion and possible action to approve the rule review plan for FY2022
ACTION: Commissioner Miller, seconded by Commissioner Lerner, moved to approve the rule review plan FY2022, as presented.  The motion was adopted by unanimous vote.

Agenda Item 27 Discussion and possible action to propose 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 Wilkinson, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit the review of 22 TAC Chapters 531, 533, 534, and 541, 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 28 Discussion and possible action regarding the establishment of an audit committee
ACTION: Commissioner Miller, seconded by Commissioner Lerner, moved to adopt the Audit Committee policy, as presented. The motion was adopted by unanimous vote.

Agenda Item 29 Discussion and possible action regarding Executive Committee policy
ACTION: Commissioner Miller, seconded by Commissioner Lerner, moved to approve the Executive Committee policy as presented.  The motion was adopted by unanimous vote.

Agenda Item 30 Discussion and possible action regarding policy concerning the committee selection process
ACTION: Commissioner Lerner, seconded by Commissioner Russell, moved to approve the policy concerning the committee selection process, as presented, along with non-substantive changes given to staff by Commissioner Peña.  The motion was adopted by unanimous vote.

Agenda Item 31 Discussion and possible action to nominate candidates for the offices of Vice Chair and Secretary of the Commission
No action was taken.

Agenda Item 32 Discussion and possible action regarding future agenda items
Commissioner Russell requested an item in a future workshop regarding Commissioners supporting candidates for elected office.

Agenda Item 33 Discussion and possible action to schedule future meetings
Future meeting dates:
Monday, February 14, 2022 Meeting
Tuesday, February 15, 2022 Workshop
Monday, May 2, 2022 Meeting
Tuesday, May 3, 2022 Workshop
Monday, August 8, 2022 Meeting
Tuesday, August 9, 2022 Workshop
ACTION: The  next meetings of the Commission are scheduled for February 14 and 15, 2022, May 2 and 3, 20202, and August 8 and 9, 2022.

Agenda Item 34 Adjourn
ACTION: Commissioner Russell, seconded by Commissioner Peña moved to adjourn the meeting.  The motion was adopted by unanimous vote and the meeting was adjourned at 2:54 p.m.