TREC Commission Meeting
The meeting agenda and any meeting materials can be found under 'Meeting Materials' on the right side of this page. 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 items may have been presented in a different order.
Agenda Item 1 Call to order and pledges of allegiance
ACTION: Chair Kesner called the meeting to order at 9:05 a.m.
Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any
No action was taken.
Agenda Item 3 Opening remarks and report from the Chair
Chair Kesner provided opening remarks.
Agenda Item 4 Recognition of departing public servants
Chair Kesner recognized outgoing Education Standards Advisory Committee Members: Scott Hilton, Mary Lou Henry, Ruben Peña, and Lori Solecki and outgoing Texas Real Estate Inspector Committee members: Robert John Daehn, Jr. and Doyle Williamson.
Agenda Item 5 Election of Vice-Chair and Secretary
ACTION: Chair Kesner opened the floor for nominations.
Commissioner Hartgraves, seconded by Commissioner Stephens, moved to nominate himself for Secretary. Commissioner Wilkinson, seconded by Commissioner Leonard, moved to nominate Commissioner Miller for Secretary. The Commission elected Commissioner Miller as Secretary.
Commissioner Stephens, seconded by Commissioner Hartgraves, moved to nominate herself for Vice-Chair. Commissioner Turner, seconded by Commissioner Miller, moved to nominate Commissioner Leonard for Vice-Chair. Commissioner Hartgraves moved to nominate Commissioner Williams for Vice-Chair. Commissioner Williams declined the nomination. The Commission elected Commissioner Leonard as Vice-Chair.
Agenda Item 6 Discussion and Appointments to:
a. Enforcement Committee
b. Budget Committee
c. Commission liaison to the Texas Real Estate Inspector Committee
d. Commission liaison to the Education Standards Advisory Committee
e. Commission liaison to the Broker Responsibility Working Group
f. Ex-Officio to the Texas A&M Real Estate Center Advisory Committee
ACTION: Chair Kesner made the following appointments
a. Commissioners Turner (Chair), Miller, and Leonard to the Enforcement Committee;
b. Commissioners Williams (Chair), Stephens, and Hartgraves to the Budget Committee;
c. Commissioners Kesner and Turner to the Texas Real Estate Inspector Committee;
d. Commissioner Wilkinson as the Commission liaison to the Education Standards Advisory Committee;
e. Commissioners Russell and Miller as the Commission liaisons to the Broker Responsibility Working Group; and
f. Commissioner Russell as Ex-Officio to the Texas A&M Real Estate Center Advisory Committee
Agenda Item 7 Staff reports by Executive Director, Deputy Executive Director, and Division Directors regarding agency operations, initiatives, and division updates
Reports given by the following:
Chelsea Buchholtz, Executive Director; and
Note: Commissioner Leonard joined the meeting and the Chair moved to Agenda Item 5
The Chair returned to Item 7
Tony Slagle, Deputy Executive Director
Agenda Item 8 Report by the Executive Committee
Report given by Chair Kesner
Agenda Item 9 Report by Education Standards Advisory Committee
No report was given.
Agenda Item 10 Report by Texas Real Estate Inspector Committee
Report given by Deputy Executive Director Slagle on behalf of Lee Warren, Chair of the committee
Agenda Item 11 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 given.
Agenda Item 12 Consideration and possible action regarding proposal for decision in the matter of:
a. SOAH Docket No. 329-20-0455.REC; TREC v. Tiffanie L. Purvis
b. SOAH Docket No. 329-20-1699.REC; TREC v. Angelica Reynoso
ACTION on 12.a.: Chair Kesner, seconded by Commissioner Miller, moved to adopt the PFD as written to assess a $1,500 administrative penalty and to suspend the real estate broker license of Tiffanie Lynn Purvis until the administrative penalty is paid in full. The motion was adopted by unanimous vote.
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 10:47 a.m.
Chair Kesner reconvened the meeting at 12:12 p.m. and returned to Agenda Item 12.
Agenda Item 14 Discussion and possible action to authorize settlement of recovery fund claims or take other action on:
a. RF 20017; Gustave Meyner and Sally Meyner v. Jeff Neale
b. RF 20020; Craig Garza v. Ed Wiggins Realty, LLC and Edgar Paul Wiggins
c. RF 21001; Ameriplex Realtors, Inc. v. Gregory Dicker and Jeffrey Dicker
d. RF 21002; Anna M. Salanti and Franklin C. Cook v. Charlene King
ACTION: Commissioner Leonard, seconded by Commissioner Wilkinson, moved
on Agenda Item 14.a. to authorize a settlement payment of $39,943.88 plus 5% post-judgment interest in the amounts awarded in the judgment;
on Agenda Item 14.b. to authorize a settlement payment of $20,467.49 plus 5% post-judgment interest in the amounts awarded in the judgment;
on Agenda Item 14.c. to authorize a settlement payment of $10,500 plus 5% post-judgment interest in the amounts awarded in the judgment; and
on Agenda Item 14.d. to authorize a settlement payment of $6,847.50 plus 5.5% post-judgment interest in the amounts awarded in the judgment subject to receipt of a writ returned, "nulla bona," against the defendant.
The motion was adopted by unanimous vote.
Agenda Item 15 Discussion and possible action to adopt repeal of 22 TAC §534.7, Vendor Protest Procedures
ACTION: Commissioner Leonard, seconded by Commissioner Turner, moved to authorize staff to submit for adoption, the repeal of 22 TAC §537.7, Vender Protest Procedures, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption. The motion was adopted by unanimous vote.
Agenda Item 16 Discussion and possible action to adopt 22 TAC §534.7, Vendor Protest Procedures (NEW)
ACTION: Commissioner Leonard, seconded by Commissioner Stephens, moved to authorize staff to submit for adoption, new 22 TAC §534.7, Vendor Protest Procedures, as published, 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 §535.91, Renewal of a Real Estate License
ACTION: Commissioner Stephens, seconded by Commissioner Wilkinson, moved to authorize staff to submit for adoption, amendments to 22 TAC §535.91, Renewal of a Real Estate License, as published, 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 §535.191, Schedule of Administrative Penalties
ACTION: Commissioner Williams, seconded by Commissioner Leonard, moved to authorize staff to submit for adoption, amendments to 22 TAC §535.191, Schedule of Administrative Penalties, as published, 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 §535.216, Renewal of License
ACTION: Commissioner Leonard, seconded by Commissioner Stephens, moved to authorize staff to submit for adoption, amendments to 22 TAC §535.216, Renewal of License, as published, 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, Chapter 537, regarding Standard Contract forms as follows:
a. §537.45; Standard Contract Form TREC NO. 38-6 (Notice of Buyer's Termination of Contract); and
b. §537.52; Standard Contract Form TREC No. 45-1 (Short Sale Addendum)
ACTION: Commissioner Russell, seconded by Commissioner Leonard, moved to authorize staff to submit for adoption, amendments to 22 TAC Chapter 537, and the forms adopted by reference, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption. The revised forms, which are adopted by reference in §537.45 and §537.52, are adopted for voluntary use until April 1, 2021, at which time their use will become mandatory. The motion was adopted by unanimous vote.
Agenda Item 21 Discussion and possible action to propose 22 TAC §533.50, Petition for Adoption of Rules (NEW)
ACTION: Commissioner Leonard, seconded by Commissioner Russell, moved to authorize staff to submit the proposed new
22 TAC §533.50, Petition for Adoption of Rules, 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 22 Discussion and possible action to propose amendments to 22 TAC §535.220, Professional Conduct and Ethics
ACTION: Commissioner Williams, seconded by Commissioner Leonard, moved to authorize staff to submit the proposed amendment to 22 TAC §535.220, Professional Conduct and Ethics, 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 Update regarding 87th Legislative Session
Update given by Deputy Executive Director Slagle
Agenda Item 24 Discussion and possible action regarding denying claims made to the Real Estate Recovery Trust Account and Real Estate Inspection Recovery Fund
ACTION: Commissioner Leonard, seconded by Commissioner Stephens, moved to adopt the Policy Regarding the Real Estate Recovery Trust Account and Real Estate Inspection Recovery Fund as presented. The motion was adopted by unanimous vote.
Agenda Item 25 Discussion and possible action regarding FY2021 budget amendment
ACTION: Commissioner Williams, seconded by Commissioner Stephens, moved to adopt the 2021 budget amendment as presented. The motion was adopted by unanimous vote.
Agenda Item 26 Discussion and possible action regarding performance review and salary of TREC Executive Director
ACTION: Commissioner Turner, seconded by Commissioner Stephens moved that the Executive Director be given a 3% cost of living increase. Commissioner Williams, seconded by Commissioner Russell, offered a friendly amendment to give the Executive Director a 2% cost of living increase effective March 1, 2021. The amended motion failed. Commissioner Turner, seconded by Commissioner Russell, amended his original motion to include the increase be effective March 1, 2021. The amended original motion was adopted by unanimous vote.
Agenda Item 27 Discussion and possible action to approve changes to TREC form FD-1; Fitness Determination
ACTION: Commissioner Stephens, seconded by Commissioner Leonard, moved to approve changes to the form as presented. The motion was adopted by unanimous vote.
Agenda Item 28 Discussion and possible action regarding future agenda items
ACTION: Commissioner Turner asked to discuss criminal history with the full Commission following the next Enforcement Committee meeting
Agenda Item 29 Discussion and possible action to schedule future meetings
ACTION: The next meetings are scheduled for May 3, 2021, regular meeting, and May 4, 2021, Enforcement Workshop
Agenda Item 30 Adjourn
ACTION: Commissioner Leonard, seconded by Commissioner Williams, moved to adjourn the meeting. The motion was adopted by unanimous vote and the meeting was adjourned at 1:27 p.m.