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 10:00 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 Turner, the Commission, by unanimous vote, moved to excuse the absence of Commissioners Westcott, Martinez, and Arriaga
Agenda Item 3 Appointments to the Education Standards Advisory Committee
ACTION: Chair Wukasch appointed the following individuals to the Education Standards Advisory Committee to serve for a two-year term ending December 31, 2018: Rick Albers, Bob Baker, Susan Jones, Dianne McCoy, Rebecca Ray, and Reba Saxon
Agenda Item 4 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 5 Report by Executive Committee
ACTION: No report was given.
Agenda Item 6 Report by Education Standards Advisory Committee
ACTION: Report given by Kerri Lewis for Susan Jones, Chair of the committee
Agenda Item 7 Report by Texas Real Estate Inspector Committee
ACTION: Report given by Tony Slagle for Steven Rinehart, Chair of the committee
Agenda Item 8 General comments from visitors on non-agenda items
Comment: Rita Santamaria, Champions School of Real Estate
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 11:56 a.m.
Agenda Item 10 Consideration and possible action regarding proposal for decision in the matter of
a. Docket No. 329-16-3651.REC; TREC v. Michelle L. Sorenson
b. Docket No. 329-16-3469.REC; TREC v. Mas Casas, Inc.
c. Docket No. 329-16-3652.REC; TREC v. Brian Paul Newsom
d. Docket No. 329-16-2654.REC; TREC v. Cynthia Gayle Hirsch
e. Docket No. 329-16-3739.REC; TREC v. Alan Ackerman
f. Docket No. 329-16-3821.REC; TREC v. Blake A. Leva
NOTE: Chair Wukasch recused herself in 10.d.
Agenda Item 11 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 16018; O’Neal v. Quinones
b. RF 16019; Stapp v. Caughern
c. RF 16020; Poss Maxwell, LLC v. Nicholson
d. RF 17001; Costilla v. Stuart Ellis Properties
e. RF 17002; Ornelas v. Alfaro
f. RF 17003; Conklin v. Quinones
g. IRF 14011; Moyer v. Urban
NOTE: Commissioner Jones recused himself in RF 16018.
NOTE: No action was taken on agenda items 11.e. and 11.f.
Agenda Item 12 Discussion and possible action to adopt amendments to 22 TAC §535.65, Responsibilities and Operations of Providers of Qualifying Courses
ACTION: Commissioner Turner, duly seconded by Commissioner Jones, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.65, Responsibilities and Operations of Providers 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.
Agenda Item 13 Discussion and possible action to adopt 22 TAC §535.72, Approval of Non-elective Continuing Education 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 §535.72, Approval of Non-elective Continuing Education Courses, as presented, to the Texas Register along with any technical or non-substantive changes required for adoption. The motion passed with Commissioner Stephens voting nay.
Agenda Item 14 Discussion and possible action to adopt amendments to 22 TAC §534.2, Processing Fees for Dishonored Payments
ACTION: Commissioner Stephens, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §534.2, Processing Fees for Dishonored Payments, 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 15 Discussion and possible action to adopt 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 16 Discussion and possible action to adopt new 22 TAC §535.45, Certain Uses of Seal, Logo, Or Name Prohibited
ACTION: Commissioner Turner, duly seconded by Commissioner Jones, moved that staff is authorized on behalf of this Commission, to submit for adoption, new 22 TAC §535.45, Certain Uses of Seal, Logo, or Name Prohibited, 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 17 Discussion and possible action to adopt amendments to 22 TAC §535.57, Examinations;
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 §535.57, Examinations, as presented, with an effective date of February 1, 2017, 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 §535.62, Approval of Qualifying Courses;
ACTION: Commissioner Stephens, duly seconded by Commissioner Turner, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.62, Approval 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.
Agenda Item 19 Discussion and possible action to adopt amendments to 22 TAC §535.73, Approval of Elective Continuing Education Courses;
ACTION: Commissioner Leonard, duly seconded by Commissioner Jones, 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 20 Discussion and possible action to adopt amendments to 22 TAC §535.101, Fees;
ACTION: Commissioner Alley duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.101, Fees, as presented, with an effective date of January 1, 2017, to the Texas Register along with any technical or non-substantive changes required for adoption and to make all necessary changes to application forms to reflect the reduced fee. The motion was adopted by unanimous vote.
Agenda Item 21 Discussion and possible action to adopt 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 Jones, moved that staff is authorized on behalf of this Commission, to submit for adoption, amendments to 22 TAC §535.218, Continuing Education Required for Renewal, as presented, to the Texas Register along with any technical or non-substantive changes required for adoption and to withdraw proposed amendments to §§535.63, 535.74, 535.201 and 535.212. The motion was adopted by unanimous vote
Agenda Item 22 Discussion and possible action to propose amendments to 22 TAC §535.61, Approval of Providers of Qualifying Courses;
ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.61, Approval 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 23 Discussion and possible action to propose amendments to 22 TAC §535.64, Content Requirements for Qualifying Real Estate Courses;
ACTION: Commissioner Stephens, 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, 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 §535.216, Renewal of License
ACTION: Commissioner Leonard, duly seconded by Commissioner Alley, moved that staff is authorized on behalf of this Commission, to submit the proposed amendments to 22 TAC §535.216, Renewal of 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 25 Discussion and possible action regarding legislative update
ACTION: Commissioner Jones, duly seconded by Commissioner Leonard, moved that the Commission authorize the Executive Committee the authority to direct staff in all legislative matters. The motion was adopted by unanimous vote.
Agenda Item 26 Discussion and possible action regarding long term facility project
Update given by Executive Director Oldmixon
No action was taken.
Agenda Item 27 Discussion and possible action to approve new or changes to TREC forms:
a. NE CE-0; Real Estate Non-Elective Continuing Education (CE) Course Application
b. CE CAS-4; Continuing Education (CE) Course Application Supplement
ACTION: Commissioner Alley, duly seconded by Commissioner Leonard 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 28 Discussion and possible action regarding future agenda items
No items were discussed.
Agenda Item 29 Discussion and possible action to schedule future meetings
ACTION: The next meeting of the Commission is scheduled for February 13, 2017. The future meeting of the Commission is scheduled for May 1, 2017.
Agenda Item 30 Adjourn
ACTION: The meeting was adjourned at 2:07 p.m.