Texas Commission Of Licensing and Regulation Meeting of May 30, 2012

Meeting of May 30, 2012
Twin Towers Office Center
1st Floor Public Meeting Room #125E
1106 Clayton Lane
Austin, Texas

Summary of Minutes

Chairman Frank Denton called the meeting of the Texas Commission of Licensing and Regulation to order at 9:01 a.m., Wednesday, May 30, 2012. Members present were Chairman Frank Denton, Vice-Chair Mike Arismendez, Commissioners LuAnn Morgan, and Ravi Shah. A roll call verified that a quorum was present.

Staff present included: Bill Kuntz, Executive Director; Brian Francis, Deputy Executive Director; Brad Bowman, General Counsel; Lynn Latombe, Assistant General Counsel; Pam Legate, Assistant General Counsel; Wendy Pellow, Assistant General Counsel; Glen Bridge, Director of Information Systems Development; Jerry Daniels, Director of Financial Services; Don Dudley, Director of Education and Examination; George Ferrie, Director of Compliance; Sharon Homoya, Personnel Attorney; Christina Kaiser, Director of Enforcement; Gene Mays, Director of Customer Service; Dede McEachern, Director of Licensing; Simon Skedd, Director of Network Services; and Kay Mahan, Executive Assistant.

Chairman Denton moved to agenda item I, Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code, Chapter 74, §§74.1, 74.10, 74.20, 74.25, 74.26, 74.30, 74.50, 74.55, 74.60, 74.65, 74.70, 74.75, 74.80, 74.85, 74.90, and 74.100; and proposed new rules at §§74.1, 74.10, 74.20 – 74.25, 74.30, 74.40, 74.50, 74.55, 74.57, 74.60, 74.65, 74.70, 74.72, 74.74 – 74.78, 74.80, 74.90, 74.100, 74.110 – 74.115, and 74.120 – 74.122, regarding the safety standards for elevators, escalators, and related equipment to implement House Bill 2643, 82nd Legislature, Regular Session (2011), and reflect changes made to Chapter 74 pursuant to the Department’s four-year rule review. Ravi Shah, seconded by Mike Arismendez, moved to adopt the rules with an effective date of July 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item J, Discussion and possible action on the proposed amendments to existing rules at 16 Texas Administrative Code, Chapter 80, §80.20 and §80.80 regarding the licensed court interpreter program to require that applicants complete an orientation course prior to applying for licensure and to establish a filing fee for an upgrade to Master Designation application. Mike Arismendez, seconded by Ravi Shah, moved to adopt the rules with an effective date of July 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item K, Discussion and possible action on the proposed amendments to an existing rule at 16 Texas Administrative Code, Chapter 89, §89.68 regarding the booting and vehicle immobilization program to implement House Bill 3510, 82nd Legislature, Regular Session (2011) and the Commission’s general rulemaking authority to administer the program. Ravi Shah, seconded by Mike Arismendez, moved to adopt the rules with an effective date of July 1, 2012. The motion was passed by unanimous vote.

Chairman Denton moved to agenda item L, Staff Reports. William Kuntz and staff gave reports and answered questions from the Commission.

The meeting was recessed at 10:36 a.m.

The meeting was reconvened at 10:55 a.m.

Chairman Denton returned to agenda item I, Discussion and possible action on the proposed repeal of existing rules at 16 Texas Administrative Code, Chapter 74, §§74.1, 74.10, 74.20, 74.25, 74.26, 74.30, 74.50, 74.55, 74.60, 74.65, 74.70, 74.75, 74.80, 74.85, 74.90, and 74.100; and proposed new rules at §§74.1, 74.10, 74.20 – 74.25, 74.30, 74.40, 74.50, 74.55, 74.57, 74.60, 74.65, 74.70, 74.72, 74.74 – 74.78, 74.80, 74.90, 74.100, 74.110 – 74.115, and 74.120 – 74.122, regarding the safety standards for elevators, escalators, and related equipment to implement House Bill 2643, 82nd Legislature, Regular Session (2011), and reflect changes made to Chapter 74 pursuant to the Department’s four-year rule review. Mike Arismendez, seconded by Ravi Shah, moved to reconsider the rules. The motion was passed by unanimous vote. Ravi Shah, seconded by LuAnn Morgan, moved to adopt the rule repeal and adopt the rules with an effective date of July 1, 2012. The motion was passed by unanimous vote.

Chairman Denton returned to agenda item L, Staff Reports. William Kuntz and staff gave reports and answered questions from the Commission.

Chairman Denton moved to agenda item M, Advisory Board Reports. Public Affairs staff gave reports and answered questions from the Commission.

Chairman Denton moved to agenda item N, Approval of appointments of members to Advisory Boards, including appointment of presiding officer. Mike Arismendez, seconded by LuAnn Morgan, moved to approve the following appointments. The motion was passed by unanimous vote.

Advisory Board on Barbering – Reappointment: Linda G. Connor, Presiding Officer (term expires 09/29/2017).

Elevator Advisory Board – Reappointment: John T. McGraw (term expires 11/01/2014).

Medical Advisory Committee – Reappointments: Dr. Kelley Frasier (term expires 02/01/2014); Blane Sibille, Sr. (term expires 02/01/2014); New appointment: Dr. Manual J. Gonzales (term expires 02/01/2014).

Property Tax Consultants Advisory Board – Reappointments: Stephen R. Dunson (term expires 02/01/2015); William P. Green (term expires 02/01/2015); Mitchell Katine (term expires 02/01/2015).

Chairman Denton moved to agenda item Q, Discussion of date, time and location of future Commission meetings. The next Commission meeting will be set for late June, specific date to be determined.

The meeting was adjourned at 11:45 a.m.

Frank S. Denton, Chairman
Texas Commission of Licensing and Regulation

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