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 
ACTION: Commissioner Woodroof, seconded by Commissioner Peña, move to excuse the absence of Commissioner Harvey Lowe.  The motion was adopted by unanimous vote.

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. Texas Real Estate Inspector Committee
Chair Kesner recognized departing ESAC members, Kelea Youngblood, Mike Crowley, and Ruben Peña and departing TREIC members, Brian Carroll and Bruce Carpenter.

Agenda Item 5 Election of Vice-Chair
ACTION: Commissioner Russell nominated Commissioner Woodroof for Vice-Chair.  Commissioner Woodroof was elected Vice-Chair by acclamation.

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

Note: Chair Kesner appointed Commissioner Peña as the Ex-Officio Member of the Executive Committee in accordance with Commission policy.

Agenda Item 7 Discussion and appointments to:
a. Enforcement Committee 
b. Budget Committee 
c. TREC & TALCB Joint 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. TREC & TALCB Joint 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 Director Wheeler

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 Co-Chair John George

Agenda Item 12 Report by the Report by the Executive Committee
Report given by Chair Kesner

Agenda Item 13 Report by the TREC & TALCB Joint Audit Committee
Report given by Chair Peña

Agenda Item 14 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 15 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:
Craig Smyser
Pat Patton 

Agenda Item 16 Consideration and possible action regarding proposal for decision in the matter of
a. SOAH Docket No. 329-24-09441.REC; TREC v. Douglas John St. Cyr 
b. SOAH Docket No. 329-24-11341.REC; TREC v. Kyle Kinzy 
Note: Prior to taking the action described below, the Commission recessed into executive session under Agenda Item 17.
ACTION on 16.a. Commissioner Brown, seconded by Commissioner Woodroof, moved modify the PFD, and deny the Application for Real Estate Sales Agent License filed by Douglas John St. Cyr.  The motion was adopted by unanimous vote.
ACTION on 16.b. Commissioner Woodroof, seconded by Commissioner Brown, moved to adopt the PFD as written to deny the Application for Real Estate Sales Agent Licensed filed by Kyle Kinzy.  The motion was adopted by unanimous vote.

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 11:50 a.m.
Chair Kesner reconvened the meeting at 12:50 p.m.

Agenda Item 18 Report regarding denial of recovery fund claims
a. RF 24004; Michael Laster v. Russ Davis, Johanna Wheeler, and Paragon Gold Realty, LLC
b. RF 25001; Jamie Hurtado v. Stephanie (Stephania) Caicedo
c. RF 25002; 5K Realty Group, LLC v. Key Group Realty, Inc.

Agenda Item 19 Discussion and possible action to adopt amendments to 22 TAC §531.20, Information About Brokerage Services
ACTION: Commissioner Brown, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §531.20, as published, along with the form adopted by reference, to the Texas Register, along with any technical or non-substantive changes required for adoption. IABS 1-1, the revised form adopted by reference, is available for voluntary use after it is posted on the TREC website until April 1, 2025, at which time its use will become mandatory. The motion was adopted by unanimous vote.

Agenda Item 20 Discussion and possible action to adopt new rule 22 TAC §534.8, Employee Sick and Family Leave Pools (NEW)
ACTION: Commissioner Woodroof, seconded by Commissioner Brown, moved to authorize staff, on behalf of the Commission, to submit for adoption, new rule 22 TAC §534.8, 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 Chapter 535 as follows: 
a. §535.65, Responsibilities and Operations of Providers of Qualifying Courses
b. §535.70, Definitions
c. §535.72, Approval of Non-elective Continuing Education Courses
ACTION: Commissioner Woodroof, seconded by Commissioner Hartgraves, moved to authorize staff, on behalf of the Commission, to withdraw amendments to 22 TAC §535.65, §535.70, and §535.72 from the Texas Register. The motion was adopted by unanimous vote.

Agenda Item 22 Discussion and possible action to adopt amendments to 22 TAC Chapter 535 as follows: 
a. §535.191, Schedule of Administrative Penalties
b. §535.219, Schedule of Administrative Penalties
ACTION: Commissioner Brown, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.191 and §535.219, 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 §537.45, Standard Contract Form TREC No. 38-7, Notice of Buyer’s Termination of Contract
ACTION: Commissioner Woodroof, seconded by Commissioner Brown, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §537.45, as published, and the form adopted by reference, to the Texas Register, along with any technical or non-substantive changes required for adoption.  The Notice of Buyer’s Termination of Contract form (TREC No. 38-8) will be available for voluntary use after it is posted on the TREC website until April 1, 2025, when its use becomes mandatory. The motion was adopted by unanimous vote.

Agenda Item 24 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 Brown, seconded by Commissioner Russell, 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 public comment. The motion was adopted by unanimous vote.

Agenda Item 25 Discussion regarding FY2025 Internal Procurement-Competitive Solicitation Process Audit and Public Funds Investment Act Audit

Agenda Item 26 Discussion and possible action regarding annual performance review and salary of TREC Executive Director 
ACTION: Chair Kesner, seconded by Commissioner Woodroof, moved to increase the Executive Director's salary by 3% effective March 1, 2025. The motion was adopted by unanimous vote.

Agenda Item 27 Discussion and possible action regarding future agenda items 
No items were requested.

Agenda Item 28 Discussion and possible action to schedule future meetings
Future meeting dates:
May 5, 2025, Meeting, San Antonio
August 11, 2025, Meeting, Austin
August 12, 2025, Workshop, Austin (if needed)
November 3, 2025, Meeting, Austin
November 4, 2025, Annual Workshop, Austin
ACTION: The next meetings are scheduled for May 5, 2025, in San Antonio, August 11 and 12 (workshop, if needed), and November 3 and 4 (workshop, if needed), in Austin.

Agenda Item 29 Adjourn 
ACTION: Chair Kesner adjourned the meeting at 1:23 p.m.