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

ACTION on 10.a.: Upon motion of Chair Wukasch duly seconded by Commissioner Alley, the Commission, by unanimous vote, adopted the PFD as written to deny the sales agent application of Michelle Lorene Sorensen

ACTION on 10.b.: Upon motion of Commissioner Jones, duly seconded by Commissioner Leonard, the Commission, by unanimous vote, adopted the PDF as written to revoke the broker license of Mas Casas, Inc.

ACTION on 10.c.: Upon motion of Commissioner Jones, duly seconded by Commissioner Alley, the Commission, by unanimous vote, adopted the PFD as written to deny the sales agent application of Brian Paul Newsom

NOTE: Chair Wukasch recused herself in 10.d.

ACTION on 10.d.: Commissioner Jones, duly seconded by Commissioner Stephens, moved the Commission revoke the broker license of Cynthia Gayle Hirsch effective December 15, 2016, to be fully probated for five years subject to compliance with Chapter 1101 of the Texas Occupations Code and all terms and conditions of her federal probation imposed on her by the United States District Court for the Western District of Texas, Midland Division. Commissioner Turner, duly seconded by Commissioner Jones then moved to amend the motion to include that Ms. Hirsch may not prepare any Broker Price Opinions. Both motions were adopted by unanimous vote.

ACTION on 10.e.: Upon motion of Commissioner Stephens, duly seconded by Commissioner Jones, the Commission, by unanimous vote, adopted the PFD as written to deny the sales agent application of Alan J. Ackerman

ACTION on 10.f.: Upon motion of Commissioner Jones, duly seconded by Commissioner Leonard, the Commission, by unanimous vote, adopted the PFD as written to deny the sales agent application of Blake A. Leva

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.

ACTION on 11.a.: Upon motion of Commissioner Leonard, duly seconded by Commissioner Turner, the Commission, by unanimous vote, authorized settlement and payment of actual damages in the amount of $8,170.00, plus court costs, post-judgment interest and reasonable attorney's fees, subject to receipt of a writ of execution returned "nulla bona," in RF 16018; O'Neal v. Quinones

ACTION on 11.b.: Upon motion of Commissioner Alley, duly seconded by Commissioner Leonard, the Commission, by unanimous vote, authorized payment of $50,000.00, the maximum amount allowed for this claim in RF 16019; Stapp v. Caughern

ACTION on 11.c.: Upon motion of Commissioner Turner, duly seconded by Commissioner Jones, the Commission, by unanimous vote, authorized payment of actual damages in the amount of $6,854.37, plus court costs, post-judgment interest and reasonable attorney fees in RF 16020; Poss Maxwell, LLC v. Nicholson

ACTION on 11.d.: Upon motion of Commissioner Jones, duly seconded by Commissioner Alley, the Commission, by unanimous vote, authorized settlement in the amount of $7,308.15, including attorney fees, and court costs, plus 5% post-judgment interest in RF 17001; Costilla v. Stuart Ellis Properties

NOTE: No action was taken on agenda items 11.e. and 11.f.

ACTION on 11.g.: Upon motion of Commissioner Stephens, duly seconded by Commissioner Jones, the Commission, by unanimous vote, authorized payment of $12,500.00, the maximum amount allowed for this claim in IRF 14011; Moyer v. Urban

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

ACTION on 15.a.: 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 §535.2, Broker Responsibility, 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 on 15.b & c.: Commissioner Alley, duly seconded by Commissioner Leonard, moved that staff is authorized on behalf of this Commission, to withdraw and submit reproposed amendments to 22 TAC §535.4, License Required, as presented along with any technical or non-substantive changes required for proposal, to the Texas Register for publication and public comment. Further, Commissioner Leonard moved that staff is authorized on behalf of this Commission to submit for adoption, amendments to §535.5, License Not Required, as presented, to the Texas Register along with any technical or non-substantive changes required for adoption. Both motions passed with Commissioner Stephens voting nay.

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.