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Meeting Details

08/15/2016 at 10:41 am
Stephen F. Austin Building, Room 170
1700 North Congress
Austin, TX 78701

Meeting Materials

Meeting Video

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

COMMENT: Charlie Dismore

COMMENT: Reba Saxon

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

ACTION: Upon motion of Commissioner Arriaga, duly seconded by Commissioner Leonard, the Commission by unanimous vote, adopted the PFD as written to deny the sales agent license application of Nancy L. Valdivia a/k/a Nancy Zamarron

ACTION: Upon motion of Commissioner Stephens, duly seconded by Commissioner Leonard, the Commission, by unanimous vote, adopted the PFD as written to revoke the broker license of Shawna Annette Randall and assess an administrative penalty of $18,750.00

ACTION: Upon motion of Commissioner Martinez, duly seconded by Commissioner Leonard, the Commission, by unanimous vote, adopted the PFD as written to deny the sales agent license application of Amanda Rosella Matte

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Martinez, the Commission, by unanimous vote, adopted the PFD as written to revoke the sales agent license of Kimberly Al Atoum and assess an administrative penalty of $1,000.00

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

ACTION: Upon motion of Commissioner Arriaga, duly seconded by Commissioner Turner, the Commission, by unanimous vote, authorized payment of actual damages of $32,200, plus court costs, post-judgment interest and reasonable attorney's fees in RF 16011; Mateo v. Boedeker

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Leonard, the Commission, by unanimous vote, authorized payment of actual damages of $2,730.00, plus court costs, post-judgment interest and reasonable attorney's fees in RF 16012; Lavine v. Town Line Properties, LLC

ACTION: Upon motion of Commissioner Leonard, duly seconded by Commissioner Turner, the Commission, by unanimous vote, authorized payment of actual damages of $4,768.51, plus court costs and post-judgment interest in RF 16013; Stephan de Martimprey v. Sylan Chang

ACTION: Upon motion of Commissioner Turner, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, authorized payment of actual damages of $8,080.00, plus court costs, post-judgment interest and reasonable attorney's fees, contingent upon receipt of a writ returned marked, "nulla bona," in RF 16014; Ream v. Region Realty, Inc. and Fowler

ACTION: Upon motion of Commissioner Martinez, duly seconded by Commissioner Leonard, the Commission, by unanimous vote, authorized payment of $50,000.00 in RF 16015; Leonard v. E-Executive Realty, Inc., et al.

ACTION: Upon motion of Commissioner Arriaga, duly seconded by Commissioner Jones, the Commission, by unanimous vote, authorized payment of actual damages of $34,331.38, plus court costs, post-judgment interest and reasonble attorney's fees in RF 16016; Pearson v. Allen

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, authorized payment of actual damages of $1,800.00 plus courts costs and post-judgment interest in RF 16007; 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

ACTION: Commissioner Turner, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.53, Business Entity; Designated Broker, as presented, to the Texas Register along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.

ACTION: Commissioner Arriaga, duly seconded by Commissioner Turner, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.55, Education and Sponsorship Requirements for a Salesperson License, 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 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

ACTION: Commissioner Stephens, duly seconded by Commissioner Jones, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses, and the form 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.

ACTION: Commissioner Martinez, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission, to withdraw and submit reproposed amendments to 22 TAC §535.65, Responsibilities and Operations of Providers 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 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

ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit the proposed 22 TAC §535.2, Broker Responsibility, 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.

ACTION: Commissioner Arriaga, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit the proposed 22 TAC §535.4, License Required and §535.5, License Not Required , 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 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.