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: The meeting was called to order at 10:03 a.m.
Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
ACTION: Upon motion of Commissioner Turner, duly seconded by Commissioner Martinez, the Commission, by unanimous vote, moved to excuse the absence of Commissioner Westcott.
Agenda Item 3 Reports by executive director, 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 were given by the following:
Douglas Oldmixon, Executive Director
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
Priscilla Pipho, Director of Staff & Support Services
Agenda Item 4 Report by Budget Committee
ACTION: Report given by Commissioner Martinez
Agenda Item 5 Report by Executive Committee
ACTION: Report given by Chair Wukasch
Agenda Item 6 Report by Education Standards Advisory Committee
ACTION: Report given by Susan Jones, Chair of the committee
Agenda Item 7 Report by Texas Real Estate Inspector Committee
ACTION: Report given by Tony Slagle on behalf of Steven Rinehart, Chair of the committee
Agenda Item 8 General comments from visitors on non-agenda items
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 10:50 a.m.
ACTION: The meeting resumed at 12:28 p.m.
NOTE: Commissioner Alley left the meeting just prior to Executive Session and did not return.
Agenda Item 10 Consideration and possible action regarding proposal for decision in the matter of
a. Docket No. 329-16-1652.REC; TREC v. Nancy L. Valdivia AKA Nancy Zamarron
b. Docket No. 329-16-0265.REC; TREC v. Shawna Annette Randall
c. Docket No. 329-16-2470.REC; TREC v. Amanda Rosella Matte
d. Docket No. 329-16-1398.REC; TREC v. Kimberly Al Atoum
Agenda Item 11 Consideration and possible action in the matter of Docket No. 329-11-3307.REC; TREC v. Erasmo Garcia following remand by Appellate Court
ACTION: Commissioner Wukasch, duly seconded by Commissioner Jones, moved the Commission issue a final order on the remanded sanction and order suspension of the sales agent license of Erasmo Garcia for 2 years and reassess the $17,000.00 administrative penalty upheld by the Appellate Court.
Commissioner Martinez, duly seconded by Commissioner Arriaga, then moved to amend the motion to increase the suspension to 4 years. The motion to amend failed with Commissioners Stephens, Wukasch, Jones, Turner and Leonard voting nay.
The original motion was adopted by unanimous vote.
Agenda Item 12 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 16011; Mateo v. Boedeker
b. RF 16012; Lavine v. Town Line Properties, LLC
c. RF 16013; Stephan de Martimprey v. Sylan Chang
d. RF 16014; Ream v. Region Realty Inc. and Fowler
e. RF 16015; Leonard v. E-Executive Realty, Inc., et al.
f. RF 16016; Pearson v. Allen
g. RF 16017; Clemons v. Manning
Agenda Item 13 Discussion and possible action to adopt amendments to 22 TAC Chapter 535, Subchapter E as follows:
a. §535.53, Business Entity; Designated Broker; and
b. §535.55, Education and Sponsorship Requirements for a Salesperson License
Agenda Item 14 Discussion and possible action to adopt amendments to 22 TAC Chapter 535, Subchapter F as follows:
a. §535.64, Content Requirements for Qualifying Real Estate Courses; and
b. §535.65, Responsibilities and Operations of Providers of Qualifying Courses
Agenda Item 15 Discussion and possible action to adopt 22 TAC §535.72, Approval of Non-elective Continuing Education Courses
ACTION: Commissioner Leonard, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to withdraw and submit reproposed amendments to 22 TAC §535.72, Approval of Non-elective Continuing Education 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 16 Discussion and possible action to adopt new 22 TAC §535.83, Association of Designated Broker on Claim
ACTION: Commissioner Jones, duly seconded by Commissioner Turner, moved that staff is authorized on behalf of this Commission, to submit for adoption, new 22 TAC §535.83, Association of Designated Broker on Claim, as presented, to the Texas Register along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.
NOTE: Commissioner Stephens left the meeting at 1:00 p.m. and did not return.
Agenda Item 17 Discussion and possible action to adopt amendments to 22 TAC §535.123, Inactive Broker Status
ACTION: Commissioner Turner, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.123, Inactive Broker Status, 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 18 Discussion and possible action to adopt amendments to 22 TAC §535.191, Schedule of Administrative Penalties
ACTION: Commissioner Arriaga, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.191, Schedule of Administrative Penalties, 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 19 Discussion and possible action to adopt 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. §535.230, Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems;
e. §535.231, Standards of Practice, Minimum Inspection Requirements for Plumbing Systems;
f. §535.232, Standards of Practice, Minimum Inspection Requirements for Appliances; and
g. §535.233, Standards of Practice, Minimum Inspection Requirements for Optional Systems
ACTION: Commissioner Martinez, duly seconded by Commissioner Turner, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC, 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 20 Discussion and possible action to propose amendments to 22 TAC §534.2, Processing Fees for Dishonored Payments;
ACTION: Commissioner Leonard, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit the proposed new 22 TAC §534.2, Processing Fees for Dishonored Payments, 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 B as follows:
a. §535.2, Broker Responsibility;
b. §535.4, License Required; and
c. §535.5, License Not Required
Agenda Item 22 Discussion and possible action to propose new 22 TAC §535.45, Certain uses of Seal, Logo, Or Name Prohibited
ACTION: Commissioner Turner, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit proposed new 22 TAC §535.45, Certain uses of Seal, Logo, Or Name Prohibited, 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 §535.57, Examinations
ACTION: Commissioner Martinez, duly seconded by Commissioner Jones, moved that staff is authorized on behalf of this Commission, to submit the proposed 22 TAC §535.57, Examinations, 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 24 Discussion and possible action to propose amendments to 22 TAC §535.62, Approval of Qualifying Courses;
ACTION: Commissioner Leonard, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit the proposed 22 TAC §535.62, Approval 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 25 Discussion and possible action to propose amendments to 22 TAC §535.73, Approval of Elective Continuing Education Courses;
ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit the proposed 22 TAC §535.73, Approval of Elective Continuing Education 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 26 Discussion and possible action to propose amendments to 22 TAC §535.101, Fees
ACTION: Commissioner Turner, duly seconded by Commissioner Martinez, moved that staff is authorized on behalf of this Commission, to submit the proposed 22 TAC §535.101, 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 27 Discussion and possible action to propose amendments to 22 TAC Chapter 535, Subchapter N as follows:
a. repeal §535.154, Advertising and propose new §535.154, Advertisements; and
b. new §535.155, Registration of Alternate and Assumed Business Names Used in Advertisements
No action was taken on Agenda Item 27.
Agenda Item 28 Discussion and possible action to propose amendments to 22 TAC Chapter 535 as follows:
a. §535.218, Continuing Education Required for Renewal;
b. §535.63, Approval of Instructors of Qualifying Courses;
c. $535.74, Approval of Continuing Education Instructors;
d. §535.201, Definitions; and
e. §535.212, Education and Experience Requirements for a License
ACTION: Commissioner Turner, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit the proposed 22 TAC §535.218, Continuing Education Required for Renewal; §535.63, Approval of Instructors of Qualifying Courses; §535.74, Approval of Continuing Education Instructors; §535.201, Definitions; and §535.212, Education and Experience Requirements for a License , 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 29 Discussion and possible action regarding adoption of TREC FY 2017 annual budget and budget-related policies
ACTION: Commissioner Martinez, duly seconded by Commissioner Arriaga, moved that the Commission adopt the TREC FY 2017 budget and budget-related policies as presented. The motion was adopted by unanimous vote.
Agenda Item 30 Discussion and possible action to approve TREC Annual Internal Audit Report 2016
SPEAKER: Richard Galindo of Garza/Gonzalez & Associates
No action was taken.
Agenda Item 31 Discussion and possible action to approve the Broker Responsibility non-elective continuing education course for 2017-18
Commissioner Arriaga, duly seconded by Commissioner Martinez moved that the Commission approve the Broker Responsibility non-elective continuing education course for 2017-2018 as presented. The motion was adopted by unanimous vote.
Agenda Item 32 Discussion and possible action to approve new or changes to TREC forms:
a. QE_PA-1; Qualifying Education Provider Application;
b. CE_PA-1; Continuing Education (CE) Provider Application;
c. CDO_MGR-3; Change of Designated Officer, Manager or Partner for a Business Entity;
d. RF-8; Renewal Form for Real Estate Sales Agents and Brokers;
e. BBE_RF-0; Renewal Form for Broker Business Entity; and
f. BBE-6; Application for a Broker License by a Business Entity
ACTION: Commissioner Leonard, duly seconded by Commissioner Jones moved that the Commission approve new TREC forms or changes to existing TREC forms as presented. The motion was adopted by unanimous vote.
Agenda Item 33 Discussion and possible action regarding future agenda items
ACTION: Executive Director Oldmixon suggested discussing an update for the long term facility master plan and legislative topics for the upcoming 2017 legislative session.
Agenda Item 34 Discussion and possible action to schedule future meetings
ACTION: The next meeting of the Commission is scheduled for November 14, 2016, at 10:00 a.m.
Agenda Item 35 Adjourn
ACTION: The meeting was adjourned at 1:59 p.m.