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

Agenda Item 3 Opening remarks and report from the Chair
Remarks given by Chair Kesner

Agenda Item 4 Recognition of departing public servants from the Education Standards Advisory Committee
Chair Kesner recognized outgoing members, Marion Napoleon and Chuck Jacobus

Agenda Item 5 Election of Vice-Chair
ACTION: Commissioner Wilkinson nominated Commissioner Woodroof and Commissioner Hartgraves nominated Commissioner Lerner.  Commissioner Woodroof was elected Vice-Chair 7/2.

Agenda Item 6 Election of Secretary
ACTION: Commissioner Miller nominated Commissioner Peña.  Commissioner Peña was elected Secretary by acclamation.

Agenda Item 7 Discussion and appointments to:
a. Enforcement Committee
b. Budget Committee
c. Audit Committee
d. Commission liaison to the Texas Real Estate Inspector Committee
e. Commission liaison to the Education Standards Advisory Committee
f. Commission liaison to the Broker Responsibility Working Group
g. Commission liaison to the Texas Broker-Lawyer Committee
h. Ex-Officio to the Texas A&M University Texas Real Estate Research Center Advisory Committee
No changes were made to committees at this time.

Agenda Item 8 Report by the Education Standards Advisory Committee
Report given by Chair Cooke

Agenda Item 9 Report by the Broker Responsibility Working Group
Report given by Chair Brown

Agenda Item 10 Report by The Texas Real Estate Inspector Committee
Report given by Chair Warren

Agenda Item 11 Report by the Unauthorized Practice of Law Working Group
Report given by General Counsel Burgess

Agenda Item 12 Report by the Working Group on Brokerage Services
Report given by Chair Kesner

Agenda Item 13 Director reports regarding agency operations, initiatives, and division updates
Reports given by the following:
Chelsea Buchholtz, 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
Tom Watson, Director of Information Technology
Ranada Williams, Chief Financial Officer
Summer Mandell, Director of Government and Strategic Communications

Agenda Item 14 Report by the Executive Committee
Report given by Chair Kesner

Agenda Item 15 Report by the Audit Committee
Report given by Chair Peña

The Commission took a break at 11:48 a.m.
Chair Kesner reconvened the meeting at 11:59 a.m.

Agenda Item 16 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.  

Comment given by Brenda Cole

Agenda Item 17 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 12:29 p.m.
Chair Kesner reconvened the meeting at 1:45 p.m.

Agenda Item 18 Discussion and possible action to adopt amendments to 22 TAC §535.223, Standard Inspection Report Form
ACTION: Commissioner Miller, seconded by Commissioner Wilkinson, moved to to submit for adoption, the amendments to 22 TAC §535.223, 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 propose amendments to 22 TAC Chapter 537 as follows:
a. §537.1, Definitions (NEW)
b. §537.11, Use of Standard Contract Forms
ACTION: Commissioner Miller, seconded by Commissioner Russell, moved to withdraw and resubmit the proposed amendments to Chapter 537, 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 Chapter 535 as follows:
a. §535.2, Broker Responsibility
b. §535.157, Obligation to Respond Timely (NEW)
ACTION: Commissioner Peña, seconded by Commissioner Woodroof, moved to to submit the proposed amendments to 22 TAC §535.2, Broker Responsibility, and new rule §535.157, Obligation to Respond Timely, 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 to propose amendments to 22 TAC Chapter 535 as follows:
a. §535.54, Hearing on License Denial: Probationary Licenses
b. §535.55, Education and Sponsorship Requirements for a Sales Agent License
c. §535.56, Education and Experience Requirements for a Broker License
d. §535.91, Renewal of a Real Estate License
e. §535.92, Continuing Education Requirements
f. §535.93, Late Renewal Applications (REPEAL)
g. §535.101, Fees
h. §535.132, Eligibility for Licensure
i. §535.216, Renewal of License
ACTION: Commissioner Woodroof, seconded by Commissioner Hartgraves, moved to submit 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 22 Discussion and possible action to propose amendments to 22 TAC §535.222, Inspection Reports
ACTION: Commissioner Williams, seconded by  Commissioner Woodroof, moved to submit amendments to 22 TAC §535.222, Inspection Reports, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and public comment.

Agenda Item 23 Discussion and possible action to propose amendments to 22 TAC Chapter 535 as follows:
a. §535.1, Definitions
b. §535.3, Compensation to or Paid by a Salesperson
c. §535.4, License Required
d. §535.5, License Not Required
e. §535.20, Referrals from Unlicensed Persons
f. §535.31, Attorneys at Law
g. §535.33, Public Officials
h. §535.34, Salespersons Employed by an Owner of Land and Structures Erected by the Owner
i. §535.43, Education Standards Advisory Committee
j. §535.45, Certain Uses of Seal, Logo, or Name Prohibited
k. §535.50, Definitions
l. §535.51, General Requirements for a Real Estate License
m. §535.52, Fitness Requirements for Individual Applicant
n. §535.53, Business Entity; Designated Broker
o. §535.57, Examinations
p. §535.58, License for Military Service Members, Veterans, or Military Spouses
q. §535.60, Definitions
r. §535.61, Approval of Providers of Qualifying Courses
s. §535.63, Qualifications for Instructors of Qualifying Courses
t. §535.64, Content Requirements for Qualifying Real Estate Courses
u. §535.65, Responsibilities and Operations of Providers for Qualifying Courses
v. §535.66, Credit for Courses Offered by Accredited Colleges or Universities
w. §535.67, Qualifying Education: Compliance and Enforcement
x. §535.71, Approval of CE Providers
y. §535.72, Approval of Non-elective Continuing Education Courses
z. §535.74, Qualifications for Continuing Education Instructors
aa. §535.75, Responsibilities and Operations of Continuing Education Providers
bb. §535.82, Proration of Payments from the Recovery Trust Account
cc. §535.120, Prohibited Activity While on Inactive License Status (NEW)
dd. §535.121, Inactive Salesperson License
ee. §535.122, Reactivation of Salesperson License
ff. §535.133, Consent To Be Sued, Exceptions to Requirements
gg. §535.141, Initiation of Investigation; Order Requirements
hh. §535.147, Splitting Fee with Unlicensed Person
ii. §535.148, Receiving an Undisclosed Commission or Rebate
jj. §535.208, Application for a License
kk. §535.209, Examinations
ll. §535.210, Fees
mm. §535.212, Education and Experience Requirements for a License (Repeal)
nn. §535.213, Qualifying Real Estate Inspector Instructors and Courses
oo. §535.214, Education and Experience Requirements for a License
pp. §535.218, Continuing Education Required for Renewal
qq. §535.219, Schedule of Administrative Penalties
rr. §535.220, Professional Conduct and Ethics
ss. §535.224 Practice and Procedure
tt. §535.400, Registration of Easement or Right-of-Way Agents
uu. §535.401, Required Notices
vv. §535.402, Complaints, Disciplinary Action and Appeals
ww. §535.403, Renewal of Registration
xx. §535.404, Fees
yy. §535.405, Employee of Owner or Purchaser
ACTION:  Commissioner Russell, seconded by Commissioner Peña, moved to submit amendments to 22 TAC Chapter 535, 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 24 Discussion regarding recent agency Public Funds Investment Act audit
Report given by Liz Meyers, McConnell Jones

Agenda Item 25 Discussion and possible action regarding annual performance review and salary of TREC Executive Director
ACTION: Commissioner Woodroof, seconded by Commissioner Miller, moved to increase the Executive Director's salary by 7%, effective March 1, 2023. The motion was adopted by unanimous vote.

Agenda Item 26 Discussion and possible action regarding future agenda items
No items were requested.

Agenda Item 27 Discussion and possible action to schedule future meetings
Future meeting dates:
TBD, Workshop, Houston
TBD, Meeting, Houston
August 7, 2023, Meeting, Austin
August 8, 2023, Workshop, Austin
November 6, 2023, Meeting, Austin
November 7, 2023, Workshop, Austin
ACTION: The next Commission meeting is scheduled for Tuesday, May 16, in Houston.

Agenda Item 28 Adjourn
ACTION: The meeting adjourned at 1:54 p.m.