星空体育app下载 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
No action needed.
Agenda Item 3 Opening remarks and report from the Chair
Chair Kesner provided opening remarks.
Agenda Item 4 Director reports regarding agency operations, initiatives, and division updates
Reports given by the following:
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
Steve Rapp, Director of Information Technology
Summer Mandell, Director of Government and Strategic Communications
The Commission took a break at 11:30 a.m.
Chair Kesner reconvened the meeting at 11:44 a.m.
Agenda Item 5 Report by the Executive Committee
Report given by Chair Kesner
Agenda Item 6 Report by the Audit Committee
Report given by Commissioner Pe帽a, Chair
Agenda Item 7 Report by the Budget Committee
Report given by Commissioner Williams, Chair
Agenda Item 8 Report by the Unauthorized Practice of Law Working Group
Report given by General Counsel Burgess
Agenda Item 9 Report by the Texas Real Estate Broker-Lawyer Committee
Report given by General Counsel Burgess
Agenda Item 10 Report by the Education Standards Advisory Committee
Report given by Charles Porter, Chair
Agenda Item 11 Report by the Broker Responsibility Working Group
Report given by Chance Brown, Chair
Agenda Item 12 Report by The Texas Real Estate Inspector Committee
Report given by Shawn Emerick, Chair
Agenda Item 13 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.聽 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鈥檚 designated agent. 聽
No comments were received.
Agenda Item 14 Consideration and possible action regarding proposal for decision in the matter of SOAH Docket No. 329-21-2291.REC; 星空体育app下载 v. Cody Dean Carr
ACTION: Commissioner Woodroof, seconded by Commissioner Hartgraves, moved to accept the PFD as written to deny the application for an inactive sales agent license filed by Cody Dean Carr. The motion was adopted by unanimous vote.
Agenda Item 15 Executive session to discuss pending litigation or obtain advice of legal counsel on agenda items pursuant to Texas Government Code 搂551.071
ACTION: The Commission went into Executive Session at 12:35 p.m.
Chair Kesner reconvened the meeting at 1:55 p.m.
Agenda Item 16 Discussion and possible action to adopt amendments to 22 TAC Chapter 531 as follows:
a. 搂531.1, Fidelity (Repeal)
b. 搂531.2, Integrity (Repeal)
c. 搂531.3, Competency (Repeal)
d. 搂531.1, Definitions (NEW)
e. 搂531.2, Fidelity (NEW)
f. 搂531.3, Integrity (NEW)
g. 搂531.4, Competency (NEW)
h. 搂531.18, Consumer Information
i. 搂531.19, Discriminatory Practices
j. 搂531.20, Information About Brokerage Services Form
ACTION: Commissioner Wilkinson, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 531, as presented, to the Texas Register, along with any technical or non-substantive changes required for adoption.聽 The motion was adopted by unanimous vote.
Agenda Item 17 Discussion and possible action to adopt amendments to 22 TAC Chapter 533 as follows:
a. 搂533.1, Definitions
b. 搂533.2, Purpose and Scope
c. 搂533.3, Filing and Notice
d. 搂533.4, Failure to Answer, Failure to Attend Hearing and Default
e. 搂533.5, Transcript Cost
f. 搂533.7, Final Decisions and Orders
g. 搂533.8, Motions for Rehearing
h. 搂533.21, Negotiated Settlement
i. 搂533.25, Informal Proceedings
j. 搂533.30, Staff Mediation
k. 搂533.32, Appointment of a Mediator
l. 搂533.33, Outside Mediation
m. 搂533.36, Agreements
n. 搂533.40, Negotiated Rulemaking
ACTION: Commissioner Miller, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 533, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption.聽 The motion was adopted by unanimous vote.
Agenda Item 18 Discussion and possible action to adopt amendments to 22 TAC Chapter 534 as follows:
a. 搂534.1, Charges for Copies of Public Information (Repeal)
b. 搂534.1, Definitions (NEW)
c. 搂534.2, Charges for Copies of Public Information (NEW)
d. 搂534.3, Employee Training and Education
e. 搂534.4, Historically Underutilized Businesses Program
f. 搂534.5, Bid Opening and Tabulation
g. 搂534.7, Vendor Protest Procedures
ACTION: Commissioner Miller, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 534, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption.聽 The motion was adopted by unanimous vote.
Agenda Item 19 Discussion and possible action to adopt amendments to 22 TAC Chapter 535 as follows:
a. 搂535.61, Approval of Providers of Qualifying Courses
b. 搂535.63, Qualifications for Instructors of Qualifying Courses
c. 搂535.65, Responsibilities and Operations of Providers of Qualifying Courses
d. 搂535.66, Credit for Courses Offered by Accredited Colleges or Universities
e. 搂535.68, Content Requirements for Easement or Right-of-Way Qualifying Courses (NEW)
f. 搂535.71, Approval of CE Providers
g. 搂535.73, Approval of Elective Continuing Education Courses
h. 搂535.75, Responsibilities and Operations of Continuing Education Providers
i. 搂535.400, Registration of Easement or Right-of-Way Agents
j. 搂535.403, Renewal of Registration
k. 搂535.406, Continuing Education Requirements (NEW)
ACTION: Commissioner Lerner, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 535, as presented, to the Texas Register, along with any technical or non-substantive changes required for adoption with an effective date of September 1, 2022, with the exception of 搂535.406, which will have an effective date of January 1, 2023, to correspond with implementation of statutory requirements.聽 The motion was adopted by unanimous vote.
Agenda Item 20 Discussion and possible action to adopt amendments to 22 TAC Chapter 541 as follows:
a. 搂541.1, Criminal Offense Guidelines
b. 搂541.2, Criminal History Evaluation Letters
ACTION: Commissioner Lerner, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC Chapter 541, as published, to the Texas Register, along with any technical or non-substantive changes required for adoption.聽 The motion was adopted by unanimous vote.
Agenda Item 21 Discussion and possible action to propose amendments to 22 TAC Chapter 537 as follows:
a. 搂537.20, Standard Contract Form 星空体育app下载 No. 9-15 (Unimproved Property Contract)
b. 搂537.21, Standard Contract Form 星空体育app下载 No. 10-6 (Addendum for Sale of Other Property by Buyer)
c. 搂537.22, Standard Contract Form 星空体育app下载 No. 11-7 (Addendum for "Back-Up" Contract)
d. 搂537.23, Standard Contract Form 星空体育app下载 No. 12-3 (Addendum for Release of Liability on Assumed Loan and/or Restoration of Seller's VA Entitlement)
e. 搂537.28, Standard Contract Form 星空体育app下载 No. 20-16 (One to Four Family Residential Contract (Resale))
f. 搂537.30, Standard Contract Form 星空体育app下载 No. 23-17 (New Home Contract (Incomplete Construction))
g. 搂537.31, Standard Contract Form 星空体育app下载 No. 24-17 (New Home Contract (Completed Construction))
h. 搂537.32, Standard Contract Form 星空体育app下载 No. 25-14 (Farm and Ranch Contract)
i. 搂537.33, Standard Contract Form 星空体育app下载 No. 26-7 (Seller Financing Addendum)
j. 搂537.35, Standard Contract Form 星空体育app下载 No. 28-2 (Environmental Assessment, Threatened of Endangered Species, and Wetlands Addendum)
k. 搂537.37, Standard Contract Form 星空体育app下载 No. 30-15 (Residential Condominium Contract (Resale))
l. 搂537.39, Standard Contract Form 星空体育app下载 No. 32-4 (Condominium Resale Certificate)
m. 搂537.40, Standard Contract Form 星空体育app下载 No. 33-2 (Addendum for Coastal Area Property)
n. 搂537.41, Standard Contract Form 星空体育app下载 No. 34-4 (Addendum for Property Located Seaward of the Gulf Intercoastal Waterway)
o. 搂537.43, Standard Contract Form 星空体育app下载 No. 36-9 (Addendum for Property Subject to Mandatory Membership in a Property Owners Association)
p. 搂537.44, Standard Contract Form 星空体育app下载 No. 37-5 (Subdivision Information, Including Resale Certificate for Property Subject to Mandatory Membership in a Property Owners' Association)
q. 搂537.45, Standard Contract Form 星空体育app下载 No. 38-7 (Notice of Buyer's Termination of Contract)
r. 搂537.46, Standard Contract Form 星空体育app下载 No. 39-8 (Amendment to Contract)
s. 搂537.47, Standard Contract Form 星空体育app下载 No. 40-9 (Third Party Financing Addendum)
t. 搂537.48, Standard Contract Form 星空体育app下载 No. 41-2 (Loan Assumption Addendum)
u. 搂537.51, Standard Contract Form 星空体育app下载 No. 44-2 (Addendum for Reservation of Oil, Gas and Other Minerals)
v. 搂537.52, Standard Contract Form 星空体育app下载 No. 45-2 (Short Sale Addendum)
w. 搂537.54, Standard Contract Form 星空体育app下载 No. 47-0 (Addendum for Property in a Propane Gas System Service Area)
x. 搂537.55, Standard Contract Form 星空体育app下载 No. 48-1 (Addendum for Authorizing Hydrostatic Testing)
y. 搂537.56, Standard Contract Form 星空体育app下载 No. 49-1 (Addendum Concerning Right to Terminate Due to Lender's Appraisal)
z. 搂537.57, Standard Contract Form 星空体育app下载 No. 50-0 (Notice of Seller's Termination of Contract)
aa. 搂537.58, Standard Contract Form 星空体育app下载 No. 51-0 (Addendum Regarding Residential Leases)
bb. 搂537.59, Standard Contract Form 星空体育app下载 No. 52-0 (Addendum Regarding Fixture Leases)
cc. 搂537.60, Standard Contract Form 星空体育app下载 No. 53-0 (Addendum Containing Notice of Obligation to Pay Improvement District Assessment)
dd. 搂537.62, Standard Contract Form 星空体育app下载 No. OP-H, Seller鈥檚 Disclosure Notice (NEW)
ee. 搂537.63, Standard Contract Form 星空体育app下载 No. OP-L, Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law (NEW)
ff. 搂537.64, Standard Contract Form 星空体育app下载 No. OP-M, Non-Realty Items Addendum (NEW)
gg. 搂537.65, Standard Contract Form 星空体育app下载 No. OP-C, Notice to Prospective Buyer (NEW)
ACTION: Commissioner Lerner, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments to 22 TAC Chapter 537, 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.聽 The motion was adopted by unanimous vote.
Agenda Item 22 Discussion and possible action to propose amendments to 22 TAC Chapter 537 as follows:
a. 搂537.26, Standard Contract Form 星空体育app下载 No. 15-5 (Seller's Temporary Residential Lease)
b. 搂537.27, Standard Contract Form 星空体育app下载 No. 16-5 (Buyer's Temporary Residential Lease)
c. 搂537.61, Standard Contract Form 星空体育app下载 No. 54-0, Landlord鈥檚 Floodplain and Flood Notice (NEW)
ACTION: Commissioner Lerner, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments and new rule to 22 TAC Chapter 537, 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.聽 The motion was adopted by unanimous vote.
Agenda Item 23 Discussion and possible action to propose amendments to 22 TAC Chapter 543 as follows:
a. 搂543.1, Registration (Repeal)
b. 搂543.2, Amendments (Repeal)
c. 搂543.3, Fees (Repeal)
d. 搂543.4, Forms (Repeal)
e. 搂543.5, Violations (Repeal)
f. 搂543.6, Complaints and Disciplinary Proceedings (Repeal)
g. 搂543.7, Contract Requirements (Repeal)
h. 搂543.8, Disclosure Requirement (Repeal)
i. 搂543.9, Exemptions (Repeal)
j. 搂543.10, Escrow Requirements (Repeal)
k. 搂543.11, Maintenance of Registration (Repeal)
l. 搂543.12, Renewal of Registration (Repeal)
m. 搂543.13, Assumed Names (Repeal)
n. 搂543.1, Definitions (NEW)
o. 搂543.2, Registration (NEW)
p. 搂543.3, Amendments (NEW)
q. 搂543.4, Fees (NEW)
r. 搂543.5, Forms (NEW)
s. 搂543.6, Violations (NEW)
t. 搂543.7, Complaints and Disciplinary Proceedings (NEW)
u. 搂543.8, Contract Requirements (NEW)
v. 搂543.9, Disclosure Requirement (NEW)
w. 搂543.10, Exemptions (NEW)
x. 搂543.11, Escrow Requirements (NEW)
y. 搂543.12, Maintenance of Registration (NEW)
z. 搂543.13, Renewal of Registration (NEW)
aa. 搂543.14, Assumed Names (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 543, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and public comment.聽 The motion was adopted by unanimous vote.
Agenda Item 24 Discussion and possible action to propose the review of 22 TAC Chapter 535, General Provisions
ACTION: Commissioner Lerner, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit the review of 22 TAC Chapter 535, as presented, along with any technical or non鈥恠ubstantive 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 conclude the review of 22 TAC as follows:
a. Chapter 531, Canons of Professional Ethics and Conduct
b. Chapter 533, Practice and Procedure
c. Chapter 534, General Administration
d. Chapter 541, Rules Relating to the Provisions of Texas Occupations Code, Chapter 53
ACTION: Commissioner Lerner, seconded by Commissioner Wilkinson, moved to authorize staff, on behalf of the Commission, to close the review of 22 TAC Chapters 531, 533, 534, and 541, as presented. The motion was adopted by unanimous vote.
Agenda Item 26 Discussion and possible action regarding FY2023 draft budget
Presented by Commissioner Williams.
Agenda Item 27 Report on Market Trends and Annual Report by Texas A&M University Real Estate Center
Presentation given by Gary Maler.
Agenda Item 28 Discussion and possible action regarding FY2023-2027 Strategic Plan
ACTION: Commissioner Woodroof, seconded by Commissioner Pe帽a, moved to approve the FY2023-2027 Strategic Plan as presented and to delgate final approval of the plan to the Executive Committee in the event the Appraiser Licensing and Certification Board recommends any changes to sections of the plan that might impact both the Commission and the Appraiser Board. The motion was adopted by unanimous vote.
Agenda Item 29 Discussion and possible action regarding renewal of agency contract with Pearson VUE
ACTION: Commissioner Pe帽a, seconded by Commissioner Williams, Exercise the first two-year renewal term on the agency's contract with Pearson VUE for License Examination Development and Administrative Services. The motion was adopted by unanimous vote.
Agenda Item 30 Discussion and possible action regarding future agenda items
Agenda Item 31 Discussion and possible action to schedule future meetings
Future meeting dates:
Monday, August 8, 2022 Meeting
Tuesday, August 9, 2022 Workshop
Monday, November 7, 2022 Meeting
Tuesday, November 8, 2022 Workshop
Monday, February 13, 2023 Meeting
Tuesday, February 14, 2023 Workshop
Agenda Item 32听础诲箩辞耻谤苍
ACTION: Commissioner Miller, seconded by Commissioner Pe帽a, moved to adjourn the meeting.聽 The motion was adopted by unanimous vote and the meeting was adjourned at 2:25 p.m.