Agenda Item 1 Call to order and pledges of allegiance

ACTION: Chair Kesner called the meeting to order at 9:01 a.m. 

 

Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if any

All Commissioners were present.

 

Agenda Item 3 Opening remarks and report from the Chair

Remarks given by Chair Kesner.

 

Agenda Item 4 Recognition of departing public servants from:

a. Education Standards Advisory Committee

b. Broker Responsibility Working Group

Chair Kesner recognized outgoing members.

 

Agenda Item 5 Election of Vice-Chair

ACTION: Commissioner Peña nominated Commissioner Woodroof.  Commissioner Woodroof was elected Vice-Chair by acclamation.

 

Agenda Item 6 Election of Secretary

ACTION: Commissioner Woodroof 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 Advisory Committee

g. Commission liaison to the Texas Real Estate Broker-Lawyer Committee

h. Ex-Officio to the Texas A&M University Texas Real Estate Research Center Advisory Committee
ACTION: Chair Kesner made the following appointments:
a. Enforcement Committee - Commissioners Hartgraves (Chair), Harvey Lowe, and Peña
b. Budget Committee - Commissioners Woodroof (Chair), Bernstein, and Russell

c. Audit Committee - Commissioners Peña (Chair), Brown
d. Liaison to the Texas Real Estate Inspector Committee - Commissioners Kesner and Lerner
e. Liaison to the Education Standards Advisory Committee - Commissioner Russell
f. Liaison to the Broker Responsibility Advisory Committee - Commissioners Brown and Lerner
g. Liaison to the Texas Real Estate Broker-Lawyer Committee - Commissioners Kesner, Hartgraves, and Harvey Lowe
h. Ex-Officio to the Texas A&M University Texas Real Estate Research Center Advisory Committee - Commissioner Russell

 

Agenda Item 8 Report by the Education Standards Advisory Committee

Report given by Chair Steddum

 

Agenda Item 9 Report by the Broker Responsibility Advisory Committee

Report given by Chair Williams

 

Agenda Item 10 Report by The Texas Real Estate Inspector Committee

Report given by Chair Warren

 

Agenda Item 11 Report by the Texas Real Estate Broker-Lawyer Committee

Report given by General Counsel Burgess

 

Agenda Item 12 Report by the Executive Committee

Report given by Chair Kesner

 

Agenda Item 13 Director reports regarding agency operations, initiatives, and division updates 

Reports given by the following:

 

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 given by:

 

Agenda Item 15 Consideration and possible action regarding proposal for decision in the matter of SOAH Docket No. 329-23-18513.REC; TREC v. Kenneth L. Hayes

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 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 10:40 a.m.

 

Agenda Item 17 Report regarding denial of recovery fund claim RF 24001; Chantelle Wilson v. Sharece Downey, PHD

 

Agenda Item 18 Discussion and possible action to adopt new 22 TAC §537.66, Standard Contract Form TREC No. 59-0, Notice to Purchaser of Special Taxing or Assessment District

ACTION: Commissioner Brown, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, new 22 TAC §537.66, and the form adopted by reference, 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 19 Discussion and possible action to propose the review of: 

a. 22 TAC Chapter 531, Canons of Professional Ethics and Conduct

b. 22 TAC Chapter 533, Practice and Procedure

c. 22 TAC Chapter 534, General Administration

d. 22 TAC Chapter 541, Rules Relating to the Provisions of the Texas Occupations Code, Chapter 53

ACTION: Commissioner Harvey Lowe, seconded by Commissioner Brown, moved to authorize staff, on behalf of the Commission, to submit the review of 22 TAC Chapters 531, 533, 534, and 541, 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 regarding annual performance review and salary of TREC Executive Director

ACTION: Commissioner Brown, seconded by Commissioner Woodroof, moved to increase the Executive Director's salary by 5% effective March 1, 2024. The motion was adopted by unanimous vote.

 

Agenda Item 21 Discussion and possible action regarding future agenda items 

No items were requested.

 

Agenda Item 22 Discussion and possible action to schedule future meetings

Future meeting dates:

May 2024, Meeting, Dallas

August 19, 2024, Meeting, Austin

August 20, 2024, Workshop, Austin (if needed)

November 4, 2024, Meeting, Austin

November 5, 2024, Annual Training Workshop, Austin

February 10, 2025, Meeting, Austin

February 11, 2025, Workshop, Austin (if needed)

ACTION: The next meeting is scheduled for May 20, 2024, at Marriot Dallas Las Colinas in Irving, Texas.

 

Agenda Item 23 Adjourn

ACTION: Chair Kesner adjourned the meeting at 12:34 p.m.