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
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
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
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
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
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.