Agenda Item 1 Call to order and pledges of allegiance

ACTION: Chair Kesner called the meeting to order at 10:00 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 Chair
Chair Kesner provided opening remarks.

Agenda Item 4 Election of Vice Chair

ACTION: Commissioner Wilkinson, seconded by Commissioner Russell, moved to elect Commissioner Miller as Vice Chair. The Commission elected Commissioner Miller as Vice Chair by unanimous vote.  

Agenda Item 5 Election of Secretary

ACTION: Commissioner Russell, seconded by Commissioner Miller, moved to elect Commissioner Hartgraves as Secretary. The Commission elected Commissioner Hartgraves as Secretary by unanimous vote.  

Agenda Item 6 Discussion and appointments to committees

ACTION: Chair Kesner made the following appointments:

a. Enforcement Committee - Commissioners Miller, Hartgraves and Lerner
b. Budget Committee - Commissioners Williams, Woodroof and Peña
c. Liaison to the Texas Real Estate Inspector Committee - Commissioners Kesner and Miller
d. Liaison to the Education Standards Advisory Committee - Commissioners Wilkinson and Russell
e. Liaison to the Broker Responsibility Working Group - Commissioners Russell, Miller and Lerner
f. Liaison to the Texas Broker-Lawyer Committee - Commissioner Kesner
g. Ex-Officio to the Texas A&M University Texas Real Estate Research Center Advisory Committee - Commissioner Russell

Chair Kesner also noted the appointment of Commissioners Miller and Peña to the Audit Committee made at the November 2021 Commission meeting.  

Agenda Item 7 Director reports regarding agency operations, initiatives, and division updates

Chelsea Buchholtz, Executive Director
Tony Slagle, Deputy Executive Director
Robert Hood, Director of Customer Relations Division
Jennifer Wheeler, Director of Education & Examinations Division
Denise Sample, Director of Licensing Division
Mike Molloy, Director of Enforcement Division
Ranada Williams, Chief Financial Officer
Summer Mandell, Director of Government and Strategic Communications
Steve Rapp, Director of Information Technology Division

Agenda Item 8 Report by the Executive Committee
Report given by Chair Kesner.

Agenda Item 9 Report by Enforcement Committee
Report given by Commissioner Miller.

Agenda Item 10 Report by the Texas Real Estate Broker-Lawyer Committee
Report given by Vanessa Burgess, General Counsel.

Agenda Item 11 Report by the Education Standards Advisory Committee
Report given by Charles Porter, Chair.

Agenda Item 12 Report by the Broker Responsibility Working Group
Report given by Chance Brown, Chair.

Agenda Item 13 Report by The Texas Real Estate Inspector Committee
Report given by Shawn Emerick, Chair.

Agenda Item 14 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.  

Comments provided by Ty Williams

The Commission took a break at 11:25 a.m.
Chair Kesner reconvened the meeting at 11:35 a.m.

Agenda Item 15 Consideration and possible action regarding rehearing on the proposal for decision in the matter of SOAH Docket No. 329-21-1966.REC; TREC v. Richard Joseph Walton

ACTION: Chair Kesner, seconded by Commissioner Miller, moved to modify the PFD by striking and replacing Findings of Fact number 27, Conclusions of Law numbers 7, 9, 10, 11, 12, and to assess a $3,500 administrative penalty and to revoke the sales agent license of Richard Joseph Walton. The motion was adopted with Commissioners Hartgraves and Lerner voting Nay.

Agenda Item 16 Consideration and possible action regarding proposal for decision in the matter of SOAH Docket No. 329-21-2739,REC; TREC v. Dominic Jovan Huerta

ACTION: Commissioner Lerner, seconded by Commissioner Russell, moved to adopt the PFD as written to assess a $13,000 administrative penalty and to revoke the sales agent license of Dominic Jovan Huerta. The motion was adopted by unanimous vote.

Agenda Item 17 Executive session to discuss pending litigation or obtain 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 11:56 a.m.
Chair Kesner reconvened the meeting at 1:15 p.m.

Agenda Item 18 Discussion and possible action to authorize settlement of recovery fund claims or take other action on RF 21009; Just Yuen v. Clayton Cooper and Agave Properties, LLC

ACTION: Commissioner Williams, seconded by Commissioner Peña, moved to authorize a settlement payment of $24,215.24 plus 5% post-judgment interest in the amounts awarded in the judgment. The motion was adopted by unanimous vote.

Agenda Item 19 Discussion and possible action to adopt amendments to 22 TAC §531.18, Consumer Information

ACTION: Commissioner Wilkinson, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §531.18, Consumer Information, and the form adopted by reference, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption. CN 1-4, the revised form adopted by reference, is adopted for voluntary use until April 1, 2022, at which time its use will become mandatory. The motion was adopted by unanimous vote.

Agenda Item 20 Discussion and possible action to adopt amendments to 22 TAC §535.56, Education and Experience Requirements for a Broker License

ACTION: Commissioner Lerner, seconded by Commissioner Hartgraves, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.56, Education and Experience Requirements for a Broker 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 21 Discussion and possible action to propose amendments to 22 TAC Chapter 531 as follows:

a. §531.1, Fidelity (Repeal)
b. §531.2, Integrity (Repeal)
c. §531.3, Competency (Repeal)
d. §531.1, Definitions (NEW)
e. §531.2, Fidelity (NEW)
f.  §531.3, Integrity (NEW)
g. §531.4, Competency (NEW)
h. §531.18, Consumer Information
i.  §531.19, Discriminatory Practices
j.  §531.20, Information About Brokerage Services

ACTION: Commissioner Peña, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC Chapter 531, 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 Chapter 533 as follows:

a. §533.1, Definitions
b. §533.2, Purpose and Scope
c. §533.3, Filing and Notice
d. §533.4, Failure to Answer, Failure to Attend Hearing and Default
e. §533.5, Transcript Cost
f.  §533.7, Final Decisions and Orders
g. §533.8, Motions for Rehearing
h. §533.21, Negotiated Settlement
i.  §533.25, Informal Proceedings
j.  §533.30, Staff Mediation
k. §533.32, Appointment of Mediator
l.  §533.33, Outside Mediation
m. §533.36, Agreements
n. §533.40, Negotiated Rulemaking

ACTION: Commissioner Williams, seconded by Commissioner Wilkinson, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC Chapter 533, 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 Chapter 534 as follows:

a. §534.1, Charges for Copies of Public Information (Repeal)
b. §534.1, Definitions (NEW)
c. §534.2, Charges for Copies of Public Information (NEW)
d. §534.3, Employee Training and Education
e. §534.4, Historically Underutilized Businesses Program
f.  §534.5, Bid Opening and Tabulation
g. §534.7, Venoor Protest Procedures

ACTION: Commissioner Peña, seconded by Commissioner Williams, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC Chapter 534, 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 Chapter 535 as follows:

a. §535.61, Approval of Providers of Qualifying Courses
b. §535.63, Qualifications for Instructors of Qualifying Courses
c. §535.65, Responsibilities and Operations of Providers of Qualifying Courses
d. §535.66, Credit for Courses Offered by Accredited Colleges or Universities
e. §535.68, Content Requirements for Easement or Right-of-Way Qualifying Courses (NEW)
f.  §535.71, Approval of CE Providers
g. §535.73, Approval of Elective Continuing Education Courses
h. §535.75, Responsibilities and Operations of Continuing Education Providers
i.  §535.400, Registration of Easement Right-of-Way Agents
j.  §535.403, Renewal of Registration
k. §535.406, Continuing Education Requirements (NEW)

ACTION: Commissioner Lerner, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC Chapter 535, 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 to propose amendments to 22 TAC Chapter 541 as follows:

a. §541.1, Criminal Offense Guidelines
b. §541.2, Criminal History Evaluation Letters

ACTION: Commissioner Miller, seconded by Commissioner Russell, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC Chapter 541, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and comment. The motion was adopted by unanimous vote.

Agenda Item 26 Discussion and possible action to propose the review of:

a. 22 TAC Chapter 537, Professional Agreements and Standard Contracts
b. 22 TAC Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act

ACTION: Commissioner Peña, seconded by Commissioner Wilkinson, moved to authorize staff, on behalf of the Commission, to submit the review of 22 TAC Chapters 537 and 543, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and comment. The motion was adopted by unanimous vote.

Agenda Item 27 Discussion and possible action regarding annual performance review and salary of TREC Executive Director

ACTION: Commissioner Williams, seconded by Commissioner Woodroof, moved to approve a 4% salary increase for Executive Director Buchholtz starting March 1, 2022. The motion was adopted by unanimous vote.   

Agenda Item 28 Discussion and possible action regarding the Handgun Policy

ACTION: Commissioner Lerner, seconded by Commissioner Russell, moved to approve the Handgun Policy as presented. The motion was adopted by unanimous vote.

Agenda Item 29 Discussion and possible action to approve changes to TREC form REI 1-5, Inspection Log

ACTION: Commissioner Peña, seconded by Commissioner Russell, moved to approve changes to the form as presented. The motion was adopted by unanimous vote.

Agenda Item 30 Discussion and possible action regarding future agenda items
No action was taken.

Agenda Item 31 Discussion and possible action to schedule future meetings

ACTION: Future meeting dates were confirmed for:
Monday, May 2, 2022 Meeting
Tuesday, May 3, 2022 Workshop
Monday, August 8, 2022 Meeting
Tuesday, August 9, 2022 Workshop
Monday, November 7, 2022 Meeting
Tuesday, November 8, 2022 Workshop

Agenda Item 32 Adjourn

ACTION: Commissioner Russell, seconded by Commissioner Woodroof, moved to adjourn the meeting. The motion was adopted by unanimous vote and the meeting was adjourned at 2:03 p.m.