TREC Commission Meeting
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 commission may have taken items out of order.
Agenda Item 1 Call to order and pledges of allegiance
ACTION: Chair Wukasch called the meeting to order at 10:04 a.m.
Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
ACTION: Upon motion by Commissioner Justice, duly seconded by Commissioner Hensley, the Commission, by unanimous vote, excused the absences of Commissioners Arriaga, Westcott, and Alley
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
Agenda Item 4 Report by Executive Committee
ACTION: Report given by Chair Wukasch
Agenda Item 5 Report by Education Standards Advisory Committee
ACTION: Report given Dianne McCoy, Vice-Chair of the committee
Agenda Item 6 Report by Broker Working Group
ACTION: Report given Mary Lynne Gibbs, 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
COMMENTS: Stan Harbuck, School of Better Building Inspection
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
ACTION: The Commission went into executive session at 10:53 a.m.
ACTION: The meeting resumed at 11:37 a.m.
Agenda Item 10 Consideration and possible action regarding proposal for decision in the matter of
a. Docket No. 329-15-1043.REC: Texas Real Estate Commission v. Erasmo Garcia
Agenda Item 11 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 15023; Michael French and Absolute Truck Wash, LLC v. Bill Kalil
b. RF 15026; Averitt Family LTD, et. al. v. Bill Kalil
c. RF 15024; Kristine Williams v. Sky Group, LLC, et al.
Agenda Item 12 Discussion and possible action to adopt emergency amendments to §535.210, Fees
ACTION: Commissioner Justice, duly seconded by Commissioner Jones, moved that staff is authorized, on behalf of this Commission, to submit for adoption on an emergency basis amendments to §535.210, Fees, as presented, except for (a)(26), to the Texas Register along with any technical or non-substantive changes required for adoption, to be effective January 1, 2016. The motion was adopted by unanimous vote.
Agenda Item 13 Discussion and possible action to adopt amendments to sections of 22 TAC Chapter 537, Professional Agreements and Standard Contracts, as follows:
a. §537.20, Standard Contract Form TREC No. 9-11 (Unimproved Property Contract)
b. §537.28, Standard Contract Form TREC No. 20-12 (One to Four Family Residential Contract (Resale))
c. §537.30, Standard Contract Form TREC No. 23-13 (New Home Contract (Incomplete Construction))
d. §537.31, Standard Contract Form TREC No. 24-13 (New Home Contract (Completed Construction))
e. §537.32, Standard Contract Form TREC No. 25-10 (Farm and Ranch Contract)
f. §537.33, Standard Contract Form TREC No. 26-6 (Seller Financing Addendum)
g. §537.37, Standard Contract Form TREC No. 30-11 (Residential Condominium Contract (Resale))
h. §537.39, Standard Contract Form TREC No. 32-3 (Condominium Resale Certificate)
i. §537.45, Standard Contract Form TREC No. 38-4 (Notice of Buyer’s Termination of Contract)
j. §537.46, Standard Contract Form TREC No. 39-7 (Amendment to Contract)
k. §537.47, Standard Contract Form TREC No. 40-6 (Third Party Financing Addendum for Credit Approval)
ACTION: Commissioner Jones, duly seconded by Commissioner Martinez, moved that staff is authorized, on behalf of this Commission, to submit for adoption amendments to named sections of 22 TAC Chapter 537, Professional Agreements and Standard Contracts, as previously published in the Texas Register, with changes to the contract forms adopted by reference as presented, along with any technical or non-substantive changes required for adoption. The Condominium Resale Certificate form is effective 20 days after submission to the Texas Register. The remainder of the forms will be available for voluntary use after adoption and required for mandatory use beginning January 1, 2016. With this motion, it is recommended that the Broker-Lawyer Committee study and seek input from the industry on how the changes in Paragraph 23 affect the day-to-day operations and/or change real life issues with buyers and sellers. The motion was adopted by unanimous vote.
Agenda Item 14 Discussion and possible action to adopt amendments to 22 TAC Chapter 531, Cannons of Professional Ethics and Conduct, as follows:
a. §531.18, Consumer Information
b. new §531.20, Information About Brokerage Services
ACTION: Commissioner Hensley, duly seconded by Commissioner Justice, moved that staff is authorized, on behalf of this Commission, to submit for adoption amendments to named sections of 22 TAC Chapter 531, Cannons of Professional Ethics and Conduct, and the forms adopted by reference, as previously published in the Texas Register, with changes as presented, along with any technical or non-substantive changes required for adoption, with an effective date of February 1, 2016. The motion was adopted by unanimous vote.
Agenda Item 15 Discussion and possible action to adopt amendments to sections of 22 TAC Chapter 533, Practice and Procedure, as follows:
a. Subchapter A, Definitions-§533.1, Definitions
b. Subchapter B, General Provisions Relating to Practice and Procedure
-§533.3, Filing and Notice
-§533.7, Final Decisions and Orders
-§533.8, Motions for Rehearing; Finality of Decisions
-new §533.10, Hearing: Subpoenas and Fees
ACTION: Commissioner Martinez, duly seconded by Commissioner Justice, moved that staff is authorized, on behalf of this Commission, to submit for adoption amendments to named sections of 22 TAC Chapter 533, Practice and Procedure, 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 16 Discussion and possible action to adopt amendments to 22 TAC Chapter 534, General Administration
-§534.2, Processing Fees for Dishonored Payments
ACTION: Commissioner Turner, duly seconded by Commissioner Hensley, moved that staff is authorized, on behalf of this Commission, to submit for adoption amendments to §534.2, Processing Fees for Dishonored Payments, 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 17 Discussion and possible action to adopt amendments to sections of 22 TAC Chapter 535, General Provisions, as follows:
a. Subchapter A, Definitions
-§535.1, Definitions
b. Subchapter B, General Provisions Relating to the Requirements of Licensure
-§535.21, Mailing Address and Other Contact Information
c. Subchapter C, Exemptions to Requirements of Licensure
-§535.32, Attorneys in Fact
d. Subchapter E, Requirements for Licensure
-§535.51, General Requirements for a Real Estate License
-§535.53, Business Entity; Designated Broker
-§535.56, Education and Experience Requirements for a Broker License
-§535.57, Examinations
e. Subchapter F, Requirements for Education Providers, Courses, and Instructors for Qualifying Education
-535.60, Definitions
-535.61, Approval of Providers of Qualifying Courses
-535.62, Approval of Qualifying Courses
-535.63, Approval of Instructors of Qualifying and Non-Elective CE Courses
-535.64, Content Requirements for Qualifying Real Estate Courses
-535.65, Responsibilities and Operations of Providers of Qualifying Courses
-535.66, Credit for Courses Offered by Accredited Colleges or Universities
f. Subchapter G, Requirements for Continuing Education Providers, Courses, and Instructors
-535.70, Definitions
-535.71, Approval of CE Providers
-535.72, Approval of Non-elective Continuing Education Courses
-535.73, Approval of Elective Continuing Education Courses
-535.74, Approval of Continuing Education Instructors for Elective Courses
-535.75, Responsibilities and Operations of Continuing Education Providers
g. Subchapter I, License Renewal
-§535.91, Renewal of a Real Estate License
-§535.92, Continuing Education Requirements
h. Subchapter J, Fees
-§535.101, Fees
i. Subchapter N, Suspension and Revocation of Licensure
-§535.144, When Acquiring or Disposing of Own Property or Property of Spouse, Parent or Child
-§535.146, Maintaining Trust Money
-§535.148, Receiving an Undisclosed Commission
-§535.161, Failing to Provide Information
j. Subchapter O, Hearing on Suspension or Revocation of Licensure – repeal
k. Subchapter P, Penalty for Unlicensed Activity
l. Subchapter Q, Administrative Penalties
-§535.191, Schedule of Administrative Penalties
m. Subchapter R, Real Estate Inspectors
-§535.208, Application for a License
-§535.209, Examinations
-§535.216, Renewal of a License
-§535.219, Schedule of Administrative Penalties
-§535.220, Professional Conduct and Ethics
-§535.224, Practice and Procedure
n. Subchapter T, Easement or Right-of-Way Agents
-§535.401, Required Notices
ACTION: Commissioner Justice, duly seconded by Commissioner Martinez, moved that staff is authorized, on behalf of this Commission, to submit for adoption amendments to named sections of 22 TAC Chapter 535 and forms adopted by reference, as previously published in the Texas Register, with changes as presented, along with any technical or non-substantive changes required for adoption, with an effective date of January 1, 2016. The new course requirements adopted in Subchapter F can be made by providers by supplementing courses as provided in §535.62(e). The motion was adopted by unanimous vote.
COMMENTS: Rita Santamaria, Champions School of Real Estate
Agenda Item 18 Discussion and possible action to propose amendments to §535.210, Fees
ACTION: Commissioner Hensley, duly seconded by Commissioner Jones, moved that staff is authorized, on behalf of this Commission, to submit the proposed amendments to §535.210, Fees, 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 approve Reserve Fund Balance Policy
ACTION: Commissioner Jones, duly seconded by Commissioner Hensley, moved that the Commission approve the Reserve Fund Balance Policy as presented. The motion was adopted by unanimous vote.
Agenda Item 20 Discussion and possible action to ratify Interagency Cooperation Contract with TXDPS for FY 2016-17
ACTION: Commissioner Turner, duly seconded by Commissioner Jones, moved that the Commission ratify the Interagency Cooperation Contract with TXDPS for FY 2016-17 as presented. The motion was adopted by unanimous vote.
Agenda Item 21 Discussion and possible action to repeal or approve new or changes to TREC forms:
a. Confidentiality Agreement
b. Real Estate Course Application (previously ED CA-3, now QE CA-0)
c. Inspector Course Application (previously INS ED CA-1, now QE ICA-0)
d. Real Estate Continuing Education (CE) Course Application (previously MCE CA-2, now CE CA-3)
e. Inspector Continuing Education (CE) Course Application (previously ICE CA-1, now ICE CA-2)
f. Course Application Supplement (previously CE CAS-3, now CE CAS-4)
g. Education Provider Application (previously ED PAPS-1, now QE PA-0)
h. Provider Application (CE PA-0)
i. Instructor Application for Real Estate Qualifying and Non-Elective CE Courses (previously ED INE-1, now QE REI-0)
j. Instructor Application for Inspector Qualifying and Non Elective CE Courses (previously INS ED INE-0, now QE II-0)
k. Qualifying Instructor Guidelines
l. Principle Application Form (previously CE ICE PIF-0/ED PA-0, now PAF-0)
m. Distance Education Reporting Form (previously MCE AIMRF-1, now DERF-0)
n. Course Acceptance Application (previously ED-CAA-1, now QE CAA-0)
o. Qualifying Real Estate Course Approval Form for Real Estate Brokerage (REB-0)(New)
p. Appliances (previously PIEC-APP-1, now APPL-0)
q. Building Enclosures (previously PIEAC-BLD ENC-2, now BLDG-0)
r. Electrical Systems (previously PIEAC-ELS-2, now ELEC-0)
s. Foundations (previously PIEAC-FOUN-1, now FOUND-0)
t. Framing (previously PIEAC-FRM-1, now FRAM-0)
u. HVAC (previously PIEAC-HVAC-2, now HVAC-0)
v. Other Approved Courses (previously PIEAC-OAC-1, now OAC-0)
w. Plumbing (previously PIEAC-PLMB-2, now PLMB-0)
x. Roof Systems (previously PIEAC-RS-2, now ROOF-0)
y. Standard Report Form Report Writing (previously PIEAC-STANDARD REPORT FORM_REPORT WRITING-1, now SRFRW-0)
z. Texas Standards of Practice/Legal/Ethics Update (previously PIEAC-SP_LEU-2, now SOP LEU-0)
aa. Texas Standards of Practice (TSOP-0) (New)
bb. Texas Legal/Ethics (LGLETH-0) (New)
ACTION: Commissioner Martinez, duly seconded by Commissioner Turner, moved that the Commission approve new or changes to TREC forms, except for 21.o., as presented. Items 21.a.-f., i.-l. and n. are effective January 1, 2016, items g.,h.,m., and p.-bb., are effective immediately. The motion was adopted by unanimous vote.
Agenda item 22 Discussion and possible action regarding future agenda items
Agenda Item 23 Discussion and possible action to schedule future meetings
ACTION: The next meeting is scheduled for February 8, 2016. The future meeting is scheduled for May 16, 2016.
Agenda Item 24 Adjourn
ACTION: The meeting was adjourned at 12:35 p.m.