Agenda Item 1 Call to order and pledges of allegiance
ACTION: Chair Kesner called the meeting to order at 10:06 a.m.

Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
ACTION: Commissioner Leonard, seconded by Commissioner Williams moved to excuse the absence of Commissioner Turner.  The motion was adopted by unanimous vote.

Agenda Item 3 Opening remarks and report from the Chair
ACTION: Chair Kesner provided opening remarks.

Agenda Item 4 Discussion and possible action regarding forming sub-committees to review applicants and make recommendations for appointments to:
a. Education Standards Advisory Committee; and
b. Texas Real Estate Inspector Committee
ACTION on 4.a.: Chair Kesner appointed Commissioners Wilkinson, Hartgraves, and Miller to the Education Standards Advisory Committee search committee
ACTION on 4.b.: Chair Kesner appointed himself along with Commissioners Turner and Miller to the Texas Real Estate Inspector Committee search committee

Agenda Item 5 Staff reports by Executive Director, Deputy Executive Director, and Division Directors regarding agency operations, initiatives, and division updates
ACTION: Reports were given by the following:
Chelsea Buchholtz, Executive Director
Tony Slagle, Deputy Executive Director
Note: Commissioner Stephens joined the meeting at 10:24 a.m.

Agenda Item 6 Report by the Executive Committee
ACTION: Report given by Chair Kesner

Agenda Item 7 Report by the Budget Committee
ACTION: Report given by Commissioner Williams, Chair of the Committee

Agenda Item 8 Report by Broker-Lawyer Committee
ACTION: Report given by Ron Walker, Co-chair of the committee

Agenda Item 9 Report by Education Standards Advisory Committee
ACTION: Report given by Kelea Youngblood, Chair of the committee

Agenda Item 10 Report by Broker Responsibility Working Group
ACTION: Report given by Leslie Lerner, Chair of the committee

Agenda Item 11 Report by Texas Real Estate Inspector Committee
ACTION: Report given by Lee Warren, Chair of the committee

Agenda Item 12 Members of the public have the opportunity to address the Commission concerning an agenda item or an issue of public interest that is not on the agenda. Anyone wishing to provide public comment on an issue of public interest that is not on the agenda may do so under this section.  Members of the public who wish to speak on a matter specifically listed on the agenda may do so at the time that agenda item is heard.
All individuals wishing to provide public comment of any sort should fill out a speaker request form with the agency’s designated agent.
No comments were received.

AGENDA ITEM 13 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 relating to the performance review of the Executive Director pursuant to Texas Government Code §551.074
ACTION: The Commission went into Executive Session at 11:21 a.m.
Chair Kesner reconvened the meeting at 12:24 p.m.

Agenda Item 14 Discussion and possible action to authorize settlement of recovery fund claims or take other action on:
a. RF 20002; Steven Wiedefeld v. Agave Properties, LLC, et al.
b. RF 20008; Ryan Petty v. Phillip Zambrano
c. RF 20011; Juan Carlos Aguirre-Suarez and Lillia Pantoja-Rodriguez v. Edwardo Cavada and Jovan Manuel Mondragon
d. RF 20015; Dianne Dulin v. Laree Henry and Alliance Realty Group, Inc.
ACTION: Commissioner Leonard, seconded by Commissioner Russell moved
on Agenda Item 14.a. to authorize a settlement payment of $2,391.90 in actual damages plus court costs and reasonable attorney's fees of $2,000.
on Agenda Item 14.b. to authorize a settlement payment of $3,800 in actual damanges plus interest and court costs.
on Agenda Item 14.c. to authorize a settlement payment of $50,000, the maximum amount allowed by law.
on Agenda Item 14.d. to authorize a settlement payment of $21,784.32 in actual damages plus interest, court costs, and reasonable attorney's fees.

The motion was adopted by unanimous vote.

Agenda Item 15 Discussion and possible action to adopt amendments to 22 TAC, Chapter 535, Subchapter R as follows:
§535.208, Application for a License;    
§535.209, Examinations;
§535.212, Education and Experience Requirements for a License;
§535.213, Qualifying Real Estate Inspector Instructors and Courses; and
§535.214, Education and Experience Requirements for a License (NEW)
ACTION: Commissioner Wilkinson, seconded by Commissioner Leonard, moved to submit for adoption, amendments to 22 TAC, Chapter 535, Subchapter R, as presented, to the Texas Register, along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.
Comment:
Stan Harbuck

Agenda Item 16 Discussion and possible action to adopt amendments to 22 TAC, §535.400; Registration of Easement and Right-of-Way Agents
ACTION: Commissioner Leonard, seconded by Commissioner Stephens, moved to submit for adoption, amendments to 22 TAC, §535.400, Registration of Easement and Right-of-Way Agents, 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 §535.65, Responsibilities and Operations of Providers of Qualifying Courses
ACTION: Commissioner Wilkinson, seconded by Commissioner Leonard, moved to submit for adoption, amendments to 22 TAC, §535.65, Responsibilities and Operations of Providers of Qualifying Courses, to the Texas Regsiter, 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, Chapter 537, regarding Standard Contract forms as follows:
§537.20, Standard Contract form TREC No. 9-13 (Unimproved Property Contract);
§537.28, Standard Contract form TREC No. 20-14 (One to Four Family Residential Contract (Resale));
§537.30, Standard Contract form TREC No. 23-15 (New Home Contract (Incomplete Construction));
§537.31, Standard Contract form TREC No. 24-15 (New Home Contract (Completed Construction));
§537.32, Standard Contract form TREC No. 25-12 (Farm and Ranch Contract);
§537.37, Standard Contract form TREC No. 30-13 (Residential Condominium Contract (Resale)
§537.43, Standard Contract form TREC No. 36-8 (Addendum for Property Subject to Mandatory Membership   in a Property Owners Association);
§537.58, Standard Contract form TREC No. 51-0 (Addendum Regarding Residential Leases) (NEW); and
§537.59, Standard Contract form TREC No. 52-0 (Addendum Regarding Fixture Leases) (NEW)
ACTION: Commissioner Miller, seconded by Commissioner Stephens, moved to withdraw the proposed amendments to 22 TAC, Chapter 537, and the forms adopted by reference. The motion was adopted by unanimous vote.

Agenda Item 19 Discussion and possible action to propose amendments to 22 TAC, Chapter 537, regarding Standard Contract forms as follows:
§537.20, Standard Contract form TREC No. 9-13 (Unimproved Property Contract);
§537.28, Standard Contract form TREC No. 20-14 (One to Four Family Residential Contract (Resale));
§537.30, Standard Contract form TREC No. 23-15 (New Home Contract (Incomplete Construction));
§537.31, Standard Contract form TREC No. 24-15 (New Home Contract (Completed Construction));
§537.32, Standard Contract form TREC No. 25-12 (Farm and Ranch Contract);
§537.37, Standard Contract form TREC No. 30-13 (Residential Condominium Contract (Resale)
§537.43, Standard Contract form TREC No. 36-8 (Addendum for Property Subject to Mandatory Membership   in a Property Owners Association);
§537.58, Standard Contract form TREC No. 51-0 (Addendum Regarding Residential Leases) (NEW); and
§537.59, Standard Contract form TREC No. 52-0 (Addendum Regarding Fixture Leases) (NEW)
ACTION: Commissioner Leonard, seconded by Commissioner Williams, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC Chapter 537, and the forms 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 20 Discussion and possible action to propose amendments to 22 TAC §531.18, Consumer Information
ACTION: Commissioner Miller, seconded by Commissioner Leonard, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC §531.18, Consumer Information, 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 21 Discussion and possible action regarding Budget and Investment Policy
ACTION: Commissioner Leonard, seconded by Commissioner Williams, moved to adopt the Budget and Investment Policy as presented.  The motion was adopted by unanimous vote.

Agenda Item 22 Discussion and possible action regarding FY2021 budget
ACTION:  Commissioner Miller, seconded by Commissioner Leonard, moved to adopt the FY2021 budget at presented.  The motion was adopted by unanimous vote.

Agenda Item 23 Discussion and possible action regarding performance review of TREC Executive Director
No action was taken.  Chair Kesner thanked Executive Director Buchholtz for a job well done and stated that her yearly evaluation would be conducted in February 2021.

Agenda Item 24 Discussion and possible action regarding approval of Internal Audit Plan for FY2021
ACTION: Commissioner Leonard, seconded by Commissioner Stephens, moved to approve the Internal Audit Plan for FY2021. The motion was adopted by unanimous vote.

Agenda Item 25 Discussion and possible action to approve Broker Responsibility Course for 2021-2022
ACTION: Commissioner Russell, seconded by Commissioner Leonard, moved to approve the Broker Responsibility Course for 2021-2022 as presented along with any technical or non-substantive changes.  The motion was adopted by unanimous vote.

Agenda Item 26 Discussion and possible action to approve new or changes to TREC forms:
a. TREC Form CE-CA-4: Real Estate Continuing Education Course Application Form
b. TREC Form CC-1-0: Continuing Education Contracts Course Identification Form
ACTION: Commissioner Russell, seconded by Commissioner Leonard, moved to approveTREC forms as presented. The motion was adopted by unanimous vote.

Agenda Item 27 Discussion and possible action regarding possible topics for November workshop
ACTION: Items to be discussed at the November workshop include:
online rules comment submission page;
training documents;
future meeting dates;
how information is delivered to Commissioners; and
overview of Recovery Fund.

Agenda Item 28 Discussion and possible action regarding future agenda items
No items were requested.

Agenda Item 29 Discussion and possible action to schedule future meetings
ACTION: The next meetings are scheduled as follows:
Workshop, November 9, 2020; and
Quarterly Meeting, November 10, 2020.

Agenda Item 30 Adjourn
ACTION: Commissioner Leonard, seconded by Commissioner Stephens, moved to adjourn the meeting.  The motion was adopted by unanimous vote and the meeting was adjourned at 1:02 p.m.