Skip to Content

License Holder Search

Meeting Details

05/02/2016 at 10:00 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: Chair Wukasch called the meeting order at 10:00 a.m.

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

ACTION: Upon motion of Commissioner Jones, duly seconded by Commissioner Martinez, the Commission, by unanimous vote, moved to excuse the absence of Commissioner Turner

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

Melissa Huerta, 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 Steven Rinehart, Chair of the committee

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

No comments were made

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 10:45 a.m.

ACTION: The meeting resumed at 11:50 a.m.

Agenda Item 10 Consideration and possible action regarding proposal for decision in the matter of
a. Docket No. 329-16-1097.REC; TREC v. Brandy Huttanus Hardin
b. Docket No. 329-16-0287.REC; TREC v. Mary Francis White
c. Docket No. 329-16-0261.REC; TREC v. Carl James O’Neal, III

ACTION: Upon motion of Commissioner Westcott, duly seconded by Commissioner Alley, the Commission, by unanimous vote, adopted the PFD as written to revoke the sales agent license of Brandy Huttanus Hardin and assess a $9,000.00 administrative penalty

ACTION: Upon motion of Commissioner Arriaga, duly seconded by Commissioner Leonard, the Commission by unanimous vote, adopted the PFD as written to revoke the sales agent license of Mary Francis White

ACTION: Upon motion of Commissioner Alley, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, adopted the PFD as written to deny Carl James O'Neal, III's application for a sales agent license

Agenda Item 11 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 16006; Simmons v. Eric Parish
b. RF 16007; Karl Bailey v. Eric Lee
c. RF 16008; Philip Hawkes v. Sky Group, LLC, et al.
d. RF 16010; Classic Oilfield Services, LP, et al. v. Bill Kalil

ACTION: Upon motion of Commissioner Stephens, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, denied the claim based on failure to meet statutory requirements in RF 16006; Simmons v. Eric Parish

ACTION: Upon motion of Commissioner Arriaga, duly seconded by Commissioner Jones, the Commission, by unanimous vote, authorized payment of $33,949.99, the amount of funds remaining on behalf of Mr. Lee in RF 16007; Karl Bailey v. Eric Lee

No action taken on RF 16008

ACTION: Upon motion of Commissioner Alley, duly seconded by Commissioner Arriaga, the Commission, by unanimous vote, authorized payment of actual damages in the amount of $6,781.10, the amount of funds remaining on behalf of Bill Kalil in RF 16010; Classic Oilfield Services, LP, et al. v. Bill Kalil

Agenda Item 12 Discussion and possible action to adopt amendments to 22 TAC Chapter 535, Subchapter F as follows:
a. §535.63, Approval of Instructors of Qualifying Courses; and
b. §535.64, Content Requirements for Qualifying Real Estate Courses

ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.63, Approval of Instructors of Qualifying Courses, 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 Martinez, 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.

Agenda Item 13 Discussion and possible action to adopt amendments to 22 TAC §535.73, Approval of Elective Continuing Education Courses

ACTION: Commissioner Westcott, duly seconded by Commissioner Martinez, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.73, Approval of Elective Continuing Education Courses, 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 propose 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 Martinez, duly seconded by Commissioner Alley, moved that staff is authorized on behalf of this Commission to submit the proposed amendments to 22 TAC §535.53, Business Entity; Designated Broker, 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 Alley, duly seconded by Commissioner Arriaga, moved that staff is authorized on behalf of this Commission to submit the proposed amendments to 22 TAC §535.55, Education and Sponsorship Requirements for a Salesperson 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 15 Discussion and possible action to propose 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 Leonard, duly seconded by Commissioner Jones moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses, 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.

ACTION: Commissioner Stephens, duly seconded by Commissioner Arriaga moved that staff is authorized on behalf of this Commission, to submit the proposed 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 16 Discussion and possible action to propose 22 TAC §535.72, Approval of Non-elective Continuing Education Courses

ACTION: Commissioner Arriaga, duly seconded by Commissioner Martinez moved that staff is authorized on behalf of this Commission, to submit the proposed 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 17 Discussion and possible action to propose new 22 TAC §535.83, Association of Designated Broker on Claim

ACTION: Commissioner Westcott, duly seconded by Commissioner Alley moved that staff is authorized on behalf of this Commission, to submit the proposed new 22 TAC §535.83, Association of Designated Broker on Claim, 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 22 TAC §535.123, Inactive Broker Status

ACTION: Commissioner Jones, duly seconded by Commissioner Arriaga moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.123, Inactive Broker Status, 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 22 TAC §535.191, Schedule of Administrative Penalties

ACTION: Commissioner Martinez, duly seconded by Commissioner Leonard moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.191, Schedule of Administrative Penalties, 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 to propose 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. §535.330, Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems;
e. §535.331, Standards of Practice, Minimum Inspection Requirements for Plumbing Systems;
f. §535.332, Standards of Practice, Minimum Inspection Requirements for Appliances; and
g. §535.333, Standards of Practice, Minimum Inspection Requirements for Optional Systems

NOTE: There is a typographical error on items 20.d. - 20.g.; §§535.330-.333 should be §§535.230-.233

ACTION: Commissioner Alley, duly seconded by Commissioner Jones moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC Subchapter R, 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 regarding the Agency Strategic Plan FY 2017-2021

ACTION: Commissioner Arriaga, duly seconded by Commissioner Leonard moved that the Commission provide final approval of the Agency Strategic Plan prior to submission to the Legislative Budget Board. The motion was adopted with Commissioner Jones abstaining.

Agenda Item 22 Discussion and possible action regarding two-year renewal of agency contract with Pearson VUE for License Examination Development and Administration.

ACTION: Commissioner Stephens, duly seconded by Commissioner Arriaga moved that the Commission renew the Contract with Pearson VUE for an additional two-year period. The motion was adopted by unanimous vote.

Agenda Item 23 Discussion and possible action regarding performance review and salary of TREC Executive Director

ACTION: Commissioner Martinez, duly seconded by Commissioner Westcott moved that the Chair discuss the annual performance review with the Executive Director at a later date and that the salary of the Executive Director be increased by 4%. The motion was adopted by unanimous vote. Commissioner Jones, duly seconded by Commissioner Martinez then moved that the 4% increase be effective August 1, 2016. The motion was adopted by unanimous vote.

Agenda Item 24 Discussion and possible action regarding FY 2017 draft budget

No action was taken

Agenda Item 25 Discussion and possible action regarding TREC Annual Internal Audit Plan 2016

ACTION: Commissioner Westcott, duly seconded by Commissioner Jones moved that the Commission approve the TREC Annual Internal Audit Plain 2016 as presented. The motion was adopted by unanimous vote.

Agenda Item 26 Discussion and possible action regarding amendments to the MOU between TREC and TALCB

ACTION: Commissioner Arriaga, duly seconded by Commissioner Westcott moved that the Commission approve amendments to the MOU between TREC and TALCB as presented. The motion was adopted by unanimous vote.

Agenda Item 27 Discussion and possible action regarding nomination process for Vice-Chair and Secretary

ACTION: Commissioner Alley, duly seconded by Commissioner Martinez moved that the Commission approve the nomination process for Vice-Chair and Secretary as presented. The motion was adopted by unanimous vote.

Agenda Item 28 Discussion and possible action regarding future agenda items

No action was taken

Agenda Item 29 Discussion and possible action to schedule future meetings

ACTION: The Commission will have a special meeting on June 20, 2016 at 10:00 a.m. to discuss and possibly approve the Strategic Plan 2016. The next regular meeting of the Commission is scheduled for August 15, 2016 at 10:00 a.m. The future meeting is tentatively scheduled for November 14, 2016.

Agenda Item 30 Adjourn

ACTION: The meeting was adjourned at 1:15 p.m.