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 10:05 a.m.
Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
No action was taken.
Agenda Item 3 Welcome new Commission members and recognize outgoing Commission members
ACTION: Chair Wukasch recognized outgoing members Jaime Hensley and Joanne Justice and welcomed new members Robert Leonard and Rayito Stephens
Agenda Item 4 Election of Officers
ACTION: Upon motion by Commissioner Turner, duly seconded by Commissioner Martinez, the Commission, by unanimous vote, re-elected Commissioner Jones as Vice-Chair.
ACTION: Upon motion by Commissioner Jones, duly seconded by Commissioner Martinez, the Commission, by unanimous vote, elected Commissioner Turner as Secretary.
ACTION: Chair Wukasch reappointed Commissioner Martinez and appointed Commissioners Westcott and Alley to the Budget Committee
ACTION: Chair Wukasch appointed Comissioners Turner, Stephens, and Arriaga to the Enforcement Committee
ACTION: Chair Wukasch appointed no new committee members and reappointed Commissioner Jones as the Commission liasion
ACTION: Chair Wukasch reappointed Ronny Willis, Bill Bradshaw, Pat Strong, Andy Hemmings, Bill Evans, Rita Klein, to the Education Standards Advisory Committee for a two year term and appointed Commissioner Leonard as the Commission liasion
Agenda Item 6 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
Beverly Rabenberg, Staff Attorney, Program Manager for Timeshare and RSC programs
Steve Spyropoulos, Director of Information & Technology Services
Melissa Huerta, Director of Staff & Support Services
Agenda Item 7 Report by Executive Committee
ACTION: Report given by Commissioner Wukasch, Chair of the committee
Agenda Item 8 Report by Education Standards Advisory Committee
ACTION: Report given by Susan Jones, Chair of the committee
Agenda Item 9 Report by Texas Real Estate Inspector Committee
ACTION: Report given by Tony Slagle for Steven Rinehart, Chair of the committee
Agenda Item 10 General comments from visitors on non-agenda items
COMMENTS: Kristy Dunn
Agenda Item 11 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 11:20 a.m.
ACTION: The meeting resumed at 12:16 p.m.
Agenda Item 12 Consideration and possible action regarding proposal for decision in the matter of
a. Docket No. 329-15-5303.REC; TREC v. Denetta Renee Williams
ACTION: The PFD as written was unanimously adopted to reprimand and assess a $1,000.00 administrative penalty against Denetta Renee Williams. Further, the broker license of Denetta Renee Williams is suspended until Respondent pays the $604.50 license renewal fee, $30.00 processing fee and the assessed $1,000.00 administrative penalty.
Agenda Item 13 Consideration and possible action regarding Motion for Rehearing in the matter of
a. Docket No. 329-15-1043; TREC v. Erasmo Garcia
ACTION: The Motion for Rehearing was denied by unanimous vote.
Agenda Item 14 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 15025; Greenridge Townhome Association v. Niaz “Nick” Farooqi
b. RF 16001; Ed Underwood v. TXPMG, LLC, Bian LLC, et al.
c. RF 16003; Ruth Alvarenga and Andres Alvarenga v. Prosperity and Associates, Inc., Virginia Trevino and Roberto Reyes
d. RF 16004; Angela Hapgood and Brian Hapgood v. Eric Lee, et al.
e. RF 16005; Damien Byrd v. Robert Edwards
Agenda Item 15 Discussion and possible action to adopt amendments to §535.210, Fees
ACTION: Commissioner Arriaga, duly seconded by Commissioner Stephens, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.210, Fees, as presented, to the Texas Register along with any technical or non-substantive changes require for adoption. The motion was adopted by unanimous vote.
Agenda Item 16 Discussion and possible action to propose new and repeal current §535.154, Advertising
ACTION: Commissioner Jones, duly seconded by Commissioner Leonard moved that staff is authorized on behalf of this Commission, to publish the draft rule on the TREC website for comments and as a topic for the Strategic Plan Listening Tour in March 2016. The motion was adopted by unanimous vote.
Agenda Item 17 Discussion and possible action to propose amendments to §535.63, Approval of Instructors of Qualifying Courses
ACTION: Commissioner Westcott, duly seconded by Commissioner Arriaga moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.63, Approval of Instructors 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 18 Discussion and possible action to propose amendments to §535.64, Content Requirements for Qualifying Real Estate Courses
ACTION: Commissioner Leonard, duly seconded by Commissioner Westcott 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.
Agenda Item 19 Discussion and possible action to propose amendments to §535.73, Approval of Elective Continuing Education Courses
ACTION: Commissioner Stephens, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 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 20 Discussion and possible action to approve TREC Investment Policy
ACTION: Commissioner Arriaga, duly seconded by Commissioner Martinez, moved that the Commission approve the TREC Investment Policy as presented. The motion was adopted by unanimous vote.
Agenda Item 21 Discussion and possible action regarding the Agency Strategic Plan FY 2017-2021
ACTION: Commissioner Martinez, duly seconded by Commissioner Jones, moved that the Commission approve the proposed topic question listed for the Strategic Plan general survey and listening tour as presented with other locations added as deemed necessary. The motion was adopted by unanimous vote.
Agenda Item 22 Discussion and possible action to approve Agency policy on Weapons Carry
NOTE: Chair Wukasch inadvertently called this Agenda Item 23.
ACTION: Commissioner Martinez, duly seconded by Commissioner Westcott, moved that the Commission approve the Agency policy on Weapons Carry, as presented. The motion was adopted by unanimous vote.
Agenda Item 23 Discussion and possible action to repeal or approve new or changes to TREC forms:
a. OP-N, Reverse Mortgage Addendum
b. AJR-1, Agreed Judgment Review
c. SF1-3, Sales Agent Sponsorship Form 1
d. SF2-1, Sales Agent Sponsorship Form 2
ACTION: Commissioner Stephens, duly seconded by Commissioner Arriaga, moved that the Commission repeal and approve new or changes to TREC Forms as presented. The motion was adopted by unanimous vote.
Agenda Item 24 Discussion and possible action regarding future agenda items
ACTION: The Commission discussed future issues with real estate advertising and encouraged input on the draft advertising rule.
Agenda Item 25 Discussion and possible action to schedule future meetings
ACTION: The next meeting is changed to May 2, 2016. The future meeting is scheduled for August 15, 2016.
Agenda Item 26 Adjourn
ACTION: The meeting was adjourned at 1:09 p.m.