Agenda Item 1 Call to order and pledges of allegiance

ACTION: Chair Wukasch called the meeting to order at 10:01 a.m.

Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any

Agenda Item 3 Reports by administrator, 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 given by the following:

Douglas Oldmixon, Administrator

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

Melissa Huerta, Director of Staff & Support Services

NOTE: Commissioner Martinez joined the meeting.

Agenda Item 4 Report by Executive Committee

ACTION: Report given by Chair Wukasch

Agenda Item 5 Report by Budget Committee

ACTION: Report given by Commissioner Martinez

Agenda Item 6 Report by Education Standards Advisory Committee

ACTION: Report given by Kerri Lewis for Susan Jones, Chair of the committee

Agenda Item 7 Report by Texas Real Estate Inspector Committee

ACTION: Report given by Steven Rinehart, Chair of the committee

Agenda Item 8 General comments from visitors on non-agenda items

NOTE: No comments.

Agenda Item 9 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 10:40 a.m.

The meeting resumed at 12:00 p.m.

Agenda Item 10 Consideration and possible action regarding proposal for decision in the matter of
a. Docket No. 329-14-3459.REC; Texas Real Estate Commission v. Ramona Black and Docket No. 329-14-4787.REC; Texas Real Estate Commission v. Solomons Gold Realty Group International, Inc.
b. Docket No. 329-14-4841.R C; Texas Real Estate Commission v. Joel Brandon Nwigwe
c. Docket No. 329-14-4669.REC; Texas Real Estate Commission v. Owners Advantage, LLC

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Justice, the Commission, by unanimous vote, accepted the ALJ's recommendation that the salesperson license of Joel Brandon Nwigwe be revoked and assessed an administrative penalty of $1,500.

ACTION: Upon motion of Commissioner Wukasch, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, accepted the ALJ's recommendation that a Cease and Desist Order be issued and Owner's Advantage, LLC, be assessed an administrative penalty of $11,000.

SPEAKER: Jeff Henry, attorney for Owner's Advantage.

ACTION: Upon motion of Commissioner Arriaga, duly seconded by Commissioner Justice, the Commission, by unanimous vote, accepted the ALJ's recommendation that the salesperson license of Ramona Black be revoked and assessed an administrative penalty of $25,000 and the corporate broker license of Solomons Gold Realty Group International, Inc. be revoked and assessed an administrative penalty of $25,500.

SPEAKER: Ramona Black

Agenda Item 11 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 15-012; Edward Nalepski v. Town Line Properties, LLC, Team Lupe, LLC, and Team Lupe L&L, LLC
b. RF 15-009; Santos Rodriguez and Amyelitza Rodriguez v. Town Line Properties, LLC, Team Lupe LLC, and Team Lupe L&L, LLC
c. RF 15016 and IRF 15001; Sherri Rollish v. Richard Humphries d/b/a CHR Commercial & Home Report, 4041 Property Investment Group, LLC, et al.
d. RF 15014; Michael Davis v. Susan Quinones, Gilbert Quinones and RE/MAX Platinum Real Estate

NOTE: Commissioner Jones recused himself from Agenda Items 11.a. and 11.b.

NOTE: Commissioner Martinez was not present for items 11.a., 11.b., and 11.c. and did not vote. Commissioner Martinez returned to the meeting after item 11.c.

ACTION: Upon motion of Commissioner Hensley, duly seconded by Commissioner Alley, the Commission, by unanimous vote, authorized payment of $10,638.00, plus interest, court costs and reasonable attorney's fees in RF 15-012, Edward Nalepski v. Town Line Properties, LLC, et al.

ACTION: Upon motion of Commissioner Hensley, duly seconded by Commissioner Alley, the Commission, by unanimous vote, authorized payment of $7,320.39, plus interest, court costs and reasonable attorney's fees in RF 15-009, Santos Rodriguez, et ux. v. Town Line Properties, LLC, et al.

ACTION: Upon motion of Commissioner Justice, duly seconded by Commissioner Alley, the Commission, by unanimous vote, denied claim RF 15-016 but authorized staff to settle on best possible terms not to exceed $12,500.00 in IRF 15-001, Sherri Rollish v. Richard Humphries, et al.

ACTION: Upon motion of Commissioner Alley, duly seconded by Commissioner Justice, the Commission, by unanimous vote, authorized staff to settle on best possible terms in RF 15-014, Michael Davis v. Susan Quinones, et al.

Agenda Item 12 Discussion and possible action to adopt amendments to §539.81, Funded Reserve

ACTION: Commissioner Turner, duly seconded by Commissioner Alley, moved that staff be authorized on behalf of this Commission to withdraw the current proposal and to submit the re-proposed amendments to §539.81, Funded Reserve, 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 13 Discussion and possible action to adopt amendments to §543.4, Forms

ACTION: Commissioner Hensley, duly seconded by Commissioner Alley, moved that staff be authorized on behalf of this Commission to submit for adoption, amendments to §543.4 Forms, as previously published in the Texas Register, along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.

Agenda Item 14 Discussion and possible action to adopt amendments to §535.401, Required Notices

ACTION: Commissioner Martinez, duly seconded by Commissioner Jones, moved that staff be authorized on behalf of this Commission to submit for adoption amendments to §535.401, Required Forms, as previously published in the Texas Register, along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.

Agenda Item 15 Discussion and possible action to adopt amendments to §535.2, Broker Responsibility

ACTION: Commissioner Arriaga, duly seconded by Commissioner Jones, moved that staff be authorized on behalf of this Commission to submit for adoption, amendments to §535.2, Broker Responsibility, as previously published in the Texas Register, with the change presented, along with any other 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 §535.223, Standard Inspection Report Form

NOTE: Commissioner Martinez was not present for Agenda Item 16 and did not vote.

ACTION: Commissioner Jones, duly seconded by Commissioner Arriaga, moved that staff be authorized on behalf of this Commission to submit for adoption, amendments to §535.223, Standard Inspection Report Form, and the form adopted by reference, as previously published in the Texas Register with the clarifying change presented, along with any other technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.

COMMENT: Becky Teel, The Brennan Teel Foundation

COMMENT: Lavera Vincent, The Brennan Teel Foundation

COMMENT: Derek McMillan, TPREIA

COMMENT: Bob Torbin, OmegaFlex

COMMENT: Mike Cothran, TPREIA, Texas Members of InterNACHI

COMMENT: Joe Gonzalez, TAREI

COMMENT: Fred Buck

COMMENT: Jim Narva, NASFM

COMMENT: Steven Rinehart, Chair, Inspector Advisory Committee

Agenda Item 17 Discussion and possible action to propose amendments to §535.217, Mailing Address and Other Contact Information

NOTE: Commissioners Wukasch and Martinez were not present for Agenda Item 17 and did not vote.

ACTION: Commissioner Hensley, duly seconded by Commissioner Alley, moved that staff be authorized on behalf of this Commission to submit the proposed amendments to §535.217, Mailing Address and Other Contact Information, 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 18 Discussion and possible action to propose amendments to Chapter 535, Subchapter T as follows:
a. 535.400, Registration of Easement or Right-of-Way Agents; and
b. 535.402, Complaints, Disciplinary Action and Appeals

NOTE: Commissioners Wukasch and Martinez were not present for Agenda Item 18 and did not vote.

ACTION: Commissioner Arriaga, duly seconded by Commissioner Alley, moved that staff be authorized on behalf of this Commission to submit the proposed amendments to Chapter 535, Subchapter T, 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 19 Discussion and possible action to propose amendments to §539.150, Complaints

NOTE: Commissioners Wukasch and Martinez were not present for Agenda Item 19 and did not vote. 

ACTION: Commissioner Alley, duly seconded by Commissioner Arriaga moved that staff be authorized on behalf of this Commission to submit the proposed amendments to §539.150, Complaints, 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 20 Discussion and possible action on legislative matters

NOTE: Commissioners Wukasch and Martinez were not present for Agenda Item 20.

SPEAKER: Tony Slagle, Government Relations

Agenda Item 21 Discussion and possible action to approve TREC Annual Internal Audit Plan 2015

Report given by Richard Galindo, Garza/Gonzalez & Associates

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Martinez, moved that the Commission approve the TREC Annual Internal Audit Plan 2015. The motion was adopted by unanimous vote.

Agenda Item 22 Discussion and possible action regarding performance review and salary of TREC Administrator

NOTE: Commissioner Martinez was not present for Agenda Item 22 and did not vote. Commissioner Wukasch returned to the meeting.

ACTION: Commissioner Jones, duly seconded by Commissioner Arriaga, moved that the Commission adopt a salary increase to $158,000, effective September 1, 2015, inclusive of the potential 2.5% state employee increase. The motion failed with Commissioners Turner, Justice Westcott, Hensley, and Alley voting Nay.

COMMENTS: Jamie Wickliffe, Chair, Texas Appraiser Licensing & Certification Board

ACTION: Commissioner Arriaga, duly seconded by Commissioner Jones, moved that the Commission adopt a salary increase to $158,000, effective August 1, 2015. The motion was adopted by unanimous vote.

Agenda Item 23 Discussion and possible action regarding FY 2016 TREC draft budget

NOTE: No action was required.

Agenda Item 24 Discussion and possible action to approve new or changes to TREC forms:
a. Real Estate Broker License by a Business Entity (BBE_4)
b. Change of Designated Broker for a Business Entity (CDO/MGR-2)
c. Adult Education Instructor Training Course (AEITC-0)
d. Texas Real Estate Consumer Notice Concerning Hazards or Deficiencies (OP-I)

NOTE: Commissioner Martinez was not present for Agenda Item 24 and did not vote. Commissioner Arriaga left the meeting and did not return.

ACTION: Commissioner Justice, duly seconded by Commissioner Jones moved that the Commission approve new or changes to TREC form Real Estate Broker License by a Business Entity (BBE_4), Change of Designated Broker for a Business Entity (CDO/MGR-2), Adult Education Instructor Training Course (AEITC-0), and Texas Real Estate Consumer Notice Concerning Hazards or Deficiencies (OP-I) as presented, along with any technical or non-substantive changes. The motion was adopted by unanimous vote.

COMMENT: Steven Rinehart, Chair, Inspector Advisory Committee

Agenda Item 25 Discussion and possible action regarding future agenda items

NOTE: Commissioner Martinez returned to the meeting.

Agenda Item 26 Discussion and possible action to schedule future meetings

ACTION: The next meeting is scheduled for August 17, 2015. The future meetings are tentatively scheduled for November 2, 2015, and February 8, 2016.

Agenda Item 27 Adjourn

ACTION: The meeting was adjourned at 2:07 p.m.