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 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
Agenda Item 4 Recognition of departing Texas Real Estate Inspector Committee members
ACTION: Chair Kesner thanked departing members Steven Rinhart, Shawn Emerick, Dave Motley, and Keisha Moulton
Agenda Item 5 Appointments to Education Standards Advisory Committee
ACTION: Commissioner Hartgraves, seconded by Mark Woodroof, moved to appoint the following members for a term January, 1, 2024, to December 31, 2025:
License holder members: Amanda Nichols, Kassie Scott (reappointment), Thomas Carl Leatherman; alternate: Shelyna Tinglin;
Educator members: Bryon Underwood (reappointment), Cynthia Baas; alternate: Job Hammond; and
Public member: Rita Blevins; alternate: Mark Hernandez.
The motion was adopted by unanimous vote.
Agenda Item 6 Appointments to Broker Responsibility Advisory Committee
ACTION: Commissioner Woodroof, seconded by Commissioner Hartgraves, moved to appoint the following members:
For a term January 1, 2024, to December 31, 2025: Sammy Scoggin (Beaumont), Ashley Conlon (DFW), and Larry Frawley (Houston);
For a term January 1, 2024, to December 31, 2026: Rina Camhi (Houston), Marvin Jolly (DFW), Michael Mengden (Houston);
For a term January 1, 2024, to December 31, 2027: Ty Williams (DFW), Brian Sales (Midland), Marion Napoleon (DFW); and
Alternates: Bob Baker (DFW), Ashton Theiss (DFW).
The motion was adopted by unanimous vote.
Agenda Item 7 Report by the Education Standards Advisory Committee
Report given by Director Wheeler
Agenda Item 8 Report by the Broker Responsibility Working Group
Report given by General Counsel Burgess
Agenda Item 9 Report by The Texas Real Estate Inspector Committee
Report given by Chair Warren
Agenda Item 10 Report by the Texas Real Estate Broker-Lawyer Committee
Report given by General Counsel Burgess
Agenda Item 11 Report by the Executive Committee
Report given by Chair Kesner
Agenda Item 12 Report by the TREC and TALCB Joint Audit Committee
Report given by Commissioner Peña
Agenda Item 13 Director reports regarding agency operations, initiatives, and division updates
Note: Commissioner Hartgraves temporarily left the meeting at 11:30 a.m.
The Commission took a break at 11:40 a.m.
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.
Agenda Item 15 Consideration and possible action regarding proposal for decision in the matter of
a. SOAH Docket No. 329-23-08286.REC; TREC v. Joseph Crochon
b. SOAH Docket No. 329-23-10978.REC; TREC v. Kingsley Izaguirre
c. SOAH Docket No. 329-23-19864.REC; TREC v. Ricardo Rodriguez
d. SOAH Docket No. 329-23-18369.REC; TREC v. Genaro F. Lopez
Note: Prior to taking the action described below, the Commission recessed into executive session under Agenda Item 16.
Agenda Item 16 Executive session to discuss pending litigation or obtain advice of legal counsel on agenda items pursuant to Texas Government Code §551.071
ACTION: The Commission went into executive session at 12:43 p.m.
Chair Kesner reconvened the meeting at 1:30 p.m.
Chair Kesner reconvened the meeting at 1:30 p.m.
Agenda Item 17 Discussion and possible action to adopt amendments to 22 TAC §531.18, Consumer Information
ACTION: Commissioner Lerner, seconded by Commissioner Peña, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §531.18, Consumer Information, 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 Chapter 535, as follows:
a. §535.4, License Required
b. §535.5, License Not Required
c. §535.35, Registration of Certain Business Entities (NEW)
d. §535.147, Splitting Fee with Unlicensed Person
ACTION: Commissioner Brown, seconded by Commissioner Lerner, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 535, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption with an effective date of January 1, 2024. The motion was adopted by unanimous vote.
Agenda Item 19 Discussion and possible action to adopt amendments to 22 TAC §535.6, Equitable Interests in Real Property
ACTION: Commissioner Peña, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.6, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption with an effective date of January 1, 2024. The motion was adopted by unanimous vote.
Agenda Item 20 Discussion and possible action to adopt amendments to 22 TAC §535.58, License for Military Service Members, Veterans, or Military Spouses
ACTION: Commissioner Lerner, seconded by Commissioner Harvey Lowe, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.58, 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 adopt amendments to 22 TAC §535.191, Schedule of Administrative Penalties
ACTION: Commissioner Harvey Lowe, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.191, 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 22 Discussion and possible action to adopt amendments to 22 TAC Chapter 535, Subchapter R, as follows:
a. §535.210, Fees
b. §535.219, Schedule of Administrative Penalties
ACTION: Commissioner Lerner, seconded by Commissioner Russell, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 535, 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 23 Discussion and possible action to adopt amendments to 22 TAC §537.62, Standard Contract Form TREC No. OP-H, Seller's Disclosure Notice
ACTION: Commissioner Woodroof, seconded by Commissioner Brown, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §537.62, 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 24 Discussion and possible action to propose new 22 TAC §537.66, Standard Contract Form TREC No. 59-0, Notice to Purchaser of Special Taxing or Assessment District
ACTION: Commissioner Woodroof, seconded by Commissioner Lerner, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC 537.66, 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 25 Discussion and possible action regarding revisions to Commission’s Executive Director Delineation of Duties Policy
ACTION: Commissioner Woodroof, seconded by Commissioner Brown, moved to approve Commission’s Executive Director Delineation of Duties Policy as amended. The motion was adopted by unanimous vote.
Agenda Item 26 Discussion and possible action to nominate candidates for the offices of Vice Chair and Secretary of the Commission
Agenda Item 27 Presentation by Pearson VUE regarding the administration of licensing examinations for real estate license holders
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
Future meeting dates:
February 12, 2024, Meeting, Austin
February 13, 2024, Workshop, Austin
ACTION: The next meeting is scheduled for February 12, 2024, at 10:00 a.m. The next workshop is scheduled for February 13, 2024, at 9:00 a.m. in Austin.
Agenda Item 30 Adjourn
ACTION: The meeting was adjourned at 1:59 p.m.