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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聽
ACTION: Commissioner Miller, seconded by Commissioner Woodroof, moved to excuse the absence of Commissioner Wilkinson.聽 The motion was adopted by unanimous vote.

Agenda Item 3 Opening remarks and report from the Chair
Chair Kesner provided opening remarks.

Agenda Item 4 Appointment of a selection committee to review applicants for Education Standards Advisory Committee
ACTION: Chair Kesner appointed Commissioners Russell, Williams and Wilkinson to review applicants for ESAC.

Agenda Item 5 Appointment of a selection committee to review applicants for The Texas Real Estate Inspector Committee
ACTION: Chair Kesner appointed Commissioners Miller, Pe帽a, and himself to review applicants for TREIC.

Agenda Item 6 Director reports regarding agency operations, initiatives, and division updates聽
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
Steve Rapp, Director of Information Technology
Ranada Williams, Chief Financial Officer
Summer Mandell, Director of Government and Strategic Communications

Agenda Item 7 Report by the Executive Committee聽
Report given by Chair Kesner

Agenda Item 8 Report by the Audit Committee
Report given by Commissioner Pe帽a, Chair

Agenda Item 9 Report by the Budget Committee
Report given by Commissioner Williams, Chair

Agenda Item 10 Report by the Unauthorized Practice of Law Working Group
Report given by General Counsel Burgess

Agenda Item 11 Report by the Texas Real Estate Broker-Lawyer Committee
Report given by General Counsel Burgess

Agenda Item 12 Report by the Education Standards Advisory Committee聽
Report given by Director Wheeler

Agenda Item 13 Report by the Broker Responsibility Working Group聽
Report given by General Counsel Burgess

Agenda Item 14 Report by The Texas Real Estate Inspector Committee聽
Report given by Scott Regan, Vice Chair

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.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.聽

All individuals wishing to provide public comment of any sort should fill out a speaker request form with the agency鈥檚 designated agent.聽聽
No comments were received.

Agenda Item 16 Consideration and possible action regarding proposal for decision in the matter of聽
a. SOAH Docket No. 329-22-0611.REC; Emily Ann Shepherd v. 星空体育app下载
b. SOAH Docket No. 329-22-1506.REC; Rachel Olivarez v. 星空体育app下载
c. SOAH Docket No. 329-22-1799.REC; 星空体育app下载 v. David Reinoso Varela
ACTION on 16.a. Commissioner Woodroof, seconded by Commissioner Williams, moved to adopt the PFD as written to deny the application for inactive real estate sales agent license filed by Emily Ann Shepherd.聽 The motion was adopted by unanimous vote.
ACTION on 16.b. Commissioner Miller, seconded by Commissioner Hartgraves, moved to adopt the PFD as written to deny the application for inactive real estate sales agent license filed by Rachel Olivarez. The motion was adopted by unanimous vote.
ACTION on 16.c. Commissioner Lerner, seconded by Commissioner Woodroof, moved to adopt the PFD as written to deny the application for inactive real estate sales agent license filed by David Reinoso Varela. 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 搂551.071聽
ACTION: The Commission went into Executive Session at 11:51 a.m.
Chair Kesner reconvened the meeting at 1:06 p.m.

Agenda Item 18 Discussion and possible action to authorize settlement of recovery fund claims or take other action on
a. RF 21010; Michael Rotan, et al. v. Gilbert Quinones and Gilbert Quinones d/b/a RE/MAX Platinum Real Estate
b. RF 22002; Christian Quintanilla v. Cassandra D. Guidry (Sessions) a/k/a 鈥淨ueen鈥�
c. RF 22007; International United Technology Group, LLC v. Tusk Realty Services, LLC
ACTION on 18.a. Commissioner Russell, seconded by Commissioner Woodroof, moved that the Commission authorize a settlement payment of $91,449.27. The motion was adopted by unanimous vote.
ACTION on 18.b. Commissioner Russell, seconded by Commissioner Williams, moved that the Commission authorize a settlement payment of $2,069, plus 5% post-judgment interest on the eligible聽amounts awarded in the judgment. The motion was adopted by unanimous vote.
ACTION on 18.c. Commissioner Lerner, seconded by Commissioner Miller, moved that the Commission authorize a settlement payment of $21,323.58. The motion was adopted by unanimous vote.

Agenda Item 19 Report regarding denial of recovery fund claims as follows:
a. RF 22005; Ryan Chance Neel and Amanda Neel v. LT Equity Investments, LLC, and Lisa D. Turnbow
Report given by Deputy General Counsel Lee

Agenda Item 20 Discussion and possible action to adopt amendments to 22 TAC Chapter 543 as follows:聽
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 Miller, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, the repeal and new rules to 22 TAC Chapter 543, 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 21 Discussion and possible action to adopt amendments to 22 TAC Chapter 537 as follows:
a. 搂537.21, Standard Contract Form 星空体育app下载 No. 10-6 (Addendum for Sale of Other Property by Buyer)
b. 搂537.22, Standard Contract Form 星空体育app下载 No. 11-7 (Addendum for "Back-Up" Contract)
c. 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)
d. 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)
e. 搂537.39, Standard Contract Form 星空体育app下载 No. 32-4 (Condominium Resale Certificate)
f. 搂537.40, Standard Contract Form 星空体育app下载 No. 33-2 (Addendum for Coastal Area Property)
g. 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)
h. 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)
i. 搂537.45, Standard Contract Form 星空体育app下载 No. 38-7 (Notice of Buyer's Termination of Contract)
j. 搂537.52, Standard Contract Form 星空体育app下载 No. 45-2 (Short Sale Addendum)
k. 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)
l. 搂537.55, Standard Contract Form 星空体育app下载 No. 48-1 (Addendum for Authorizing Hydrostatic Testing)
m. 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)
n. 搂537.57, Standard Contract Form 星空体育app下载 No. 50-0 (Notice of Seller's Termination of Contract)
o. 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)
p. 搂537.62, Standard Contract Form 星空体育app下载 No. OP-H, Seller鈥檚 Disclosure Notice (NEW)
q. 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)
r. 搂537.64, Standard Contract Form 星空体育app下载 No. OP-M, Non-Realty Items Addendum (NEW)
ACTION: Commissioner Pe帽a, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments and new rules along with the forms adopted by reference, to 22 TAC Chapter 537, 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 22 Discussion and possible action to adopt 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 Williams, seconded by Commissioner Miller, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments and new rule, to 22 TAC Chapter 537, as presented, along with聽the forms adopted by reference, to the Texas Register, along with any technical or non-substantive changes required for adoption.聽 The Landlord's Floodplain and Flood Notice are adopted for voluntary use and the two residential lease forms are adopted for voluntary use until September 1, 2022, at which time their use will become mandatory. The motion was adopted by unanimous vote.

Agenda Item 23 Discussion and possible action to adopt amendments to 22 TAC Chapter 537 as follows:聽
a. 搂537.20, Standard Contract Form 星空体育app下载 No. 9-15 (Unimproved Property Contract)
b. 搂537.28, Standard Contract Form 星空体育app下载 No. 20-16 (One to Four Family Residential Contract (Resale))
c. 搂537.30, Standard Contract Form 星空体育app下载 No. 23-17 (New Home Contract (Incomplete Construction))
d. 搂537.31, Standard Contract Form 星空体育app下载 No. 24-17 (New Home Contract (Completed Construction))
e. 搂537.32, Standard Contract Form 星空体育app下载 No. 25-14 (Farm and Ranch Contract)
f. 搂537.33, Standard Contract Form 星空体育app下载 No. 26-7 (Seller Financing Addendum)
g. 搂537.37, Standard Contract Form 星空体育app下载 No. 30-15 (Residential Condominium Contract (Resale))
h. 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)
i. 搂537.46, Standard Contract Form 星空体育app下载 No. 39-8 (Amendment to Contract)
j. 搂537.47, Standard Contract Form 星空体育app下载 No. 40-9 (Third Party Financing Addendum)
k. 搂537.48, Standard Contract Form 星空体育app下载 No. 41-2 (Loan Assumption Addendum)
l. 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)
m. 搂537.58, Standard Contract Form 星空体育app下载 No. 51-0 (Addendum Regarding Residential Leases)
n. 搂537.59, Standard Contract Form 星空体育app下载 No. 52-0 (Addendum Regarding Fixture Leases)
o. 搂537.65, Standard Contract Form 星空体育app下载 No. OP-C, Notice to Prospective Buyer (NEW)
ACTION: Commissioner Pe帽a, seconded by Commissioner Miller, moved to authorize staff on behalf of the Commission to withdraw the proposed amendments and new rule to 22 TAC Chapter 537聽from the Texas Register.聽 The motion was adopted by unanimous vote.

Agenda Item 24 Discussion and possible action to propose amendments to 22 TAC Chapter 537 as follows:聽
a. 搂537.20, Standard Contract Form 星空体育app下载 No. 9-15 (Unimproved Property Contract)
b. 搂537.28, Standard Contract Form 星空体育app下载 No. 20-16 (One to Four Family Residential Contract (Resale))
c. 搂537.30, Standard Contract Form 星空体育app下载 No. 23-17 (New Home Contract (Incomplete Construction))
d. 搂537.31, Standard Contract Form 星空体育app下载 No. 24-17 (New Home Contract (Completed Construction))
e. 搂537.32, Standard Contract Form 星空体育app下载 No. 25-14 (Farm and Ranch Contract)
f. 搂537.33, Standard Contract Form 星空体育app下载 No. 26-7 (Seller Financing Addendum)
g. 搂537.37, Standard Contract Form 星空体育app下载 No. 30-15 (Residential Condominium Contract (Resale))
h. 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)
i. 搂537.46, Standard Contract Form 星空体育app下载 No. 39-8 (Amendment to Contract)
j. 搂537.47, Standard Contract Form 星空体育app下载 No. 40-9 (Third Party Financing Addendum)
k. 搂537.48, Standard Contract Form 星空体育app下载 No. 41-2 (Loan Assumption Addendum)
l. 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)
m. 搂537.58, Standard Contract Form 星空体育app下载 No. 51-0 (Addendum Regarding Residential Leases)
n. 搂537.59, Standard Contract Form 星空体育app下载 No. 52-0 (Addendum Regarding Fixture Leases)
o. 搂537.65, Standard Contract Form 星空体育app下载 No. 57-0, Notice to Prospective Buyer (NEW)
ACTION: Commissioner Miller, seconded by Commissioner Russell, 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.

Note: No action was taken on Agenda Items 25 through 28.

Agenda Item 25 Discussion and possible action to propose amendments to 22 TAC Chapter 535 as follows:
a. 搂535.1, Definitions
b. 搂535.3, Compensation to or Paid by a Salesperson
c. 搂535.4, License Required
d. 搂535.5, License Not Required
e. 搂535.20, Referrals from Unlicensed Persons
f. 搂535.31, Attorneys at Law
g. 搂535.33, Public Officials
h. 搂535.34, Salespersons Employed by an Owner of Land and Structures Erected by the Owner
i. 搂535.43, Education Standards Advisory Committee
j. 搂535.45, Certain Uses of Seal, Logo, or Name Prohibited
k. 搂535.50, Definitions
l. 搂535.51, General Requirements for a Real Estate License
m. 搂535.52, Fitness Requirements for Individual Applicant
n. 搂535.53, Business Entity; Designated Broker
o. 搂535.55, Education and Sponsorship Requirements for a Sales Agent License
p. 搂535.56, Education and Experience Requirements for a Broker License
q. 搂535.57, Examinations
r. 搂535.58, License for Military Service Members, Veterans, or Military Spouses
s. 搂535.60, Definitions
t. 搂535.61, Approval of Providers of Qualifying Courses
u. 搂535.63, Qualifications for Instructors of Qualifying Courses
v. 搂535.64, Content Requirements for Qualifying Real Estate Courses
w. 搂535.65, Responsibilities and Operations of Providers for Qualifying Courses
x. 搂535.66, Credit for Courses Offered by Accredited Colleges or Universities
y. 搂535.67, Qualifying Education: Compliance and Enforcement
z. 搂535.71, Approval of CE Providers
aa. 搂535.72, Approval of Non-elective Continuing Education Courses
bb. 搂535.74, Qualifications for Continuing Education Instructors
cc. 搂535.75, Responsibilities and Operations of Continuing Education Providers
dd. 搂535.82, Proration of Payments from the Recovery Trust Account
ee. 搂535.91, Renewal of a Real Estate License
ff. 搂535.92, Continuing Education Requirements
gg. 搂535.101, Fees
hh. 搂535.120, Prohibited Activity While on Inactive License Status (NEW)
ii. 搂535.121, Inactive Salesperson License
jj. 搂535.122, Reactivation of Salesperson License
kk. 搂535.132, Eligibility for Licensure
ll. 搂535.133, Consent To Be Sued, Exceptions to Requirements
mm.搂535.141, Initiation of Investigation; Order Requirements
nn. 搂535.147, Splitting Fee with Unlicensed Person
oo. 搂535.148, Receiving an Undisclosed Commission or Rebate
pp. 搂535.208, Application for a License
qq. 搂535.209, Examinations
rr. 搂535.210, Fees
ss. 搂535.212, Education and Experience Requirements for a License (Repeal)
tt. 搂535.213, Qualifying Real Estate Inspector Instructors and Courses
uu. 搂535.214, Education and Experience Requirements for a License
vv. 搂535.218, Continuing Education Required for Renewal
ww. 搂535.219, Schedule of Administrative Penalties
xx. 搂535.220, Professional Conduct and Ethics
yy. 搂535.224 Practice and Procedure
zz. 搂535.400, Registration of Easement or Right-of-Way Agents
aaa. 搂535.401, Required Notices
bbb. 搂535.402, Complaints, Disciplinary Action and Appeals
ccc. 搂535.403, Renewal of Registration
ddd. 搂535.404, Fees
eee. 搂535.405, Employee of Owner or Purchaser

Agenda Item 26 Discussion and possible action to propose amendments to 22 TAC 搂535.2, Broker Responsibility

Agenda Item 27 Discussion and possible action to propose 22 TAC 搂535.157, Obligation to Respond Timely (NEW)

Agenda Item 28 Discussion and possible action to propose amendments to 22 TAC 搂535.222, Inspection Reports

Agenda Item 29 Discussion and possible action to conclude the review of 22 TAC as follows:
a. Chapter 537, Professional Agreements and Standard Contracts
b. Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act
ACTION: Commissioner Pe帽a, seconded by Commission Woodroof, moved to close the review of Chapters 537 and 543, as presented.聽 The motion was adopted by unanimous vote.

Agenda Item 30 Discussion and possible action regarding FY2023 budget, FY2023 Budget and Final Administration Policy, and FY 2023 Investment Policy
ACTION: Commissioner Williams, seconded by Commissioner Russell moved to approve the 2nd draft of the FY2023 budget as presented.聽 Commissioner Williams, seconded by Commissioner Pe帽a, amended his motion to include the 2nd draft of the FY2023 budget along with the FY2023 Budget and Final Administration Policy and FY2023 Investment Policy, as presented.聽 The amended motion was adopted by unanimous vote.

Agenda Item 31 Discussion and possible action regarding delegation of Regulatory Applications Modernization Project contract approval and signature authority to the Executive Director
ACTION: Commissioner Lerner, seconded by Commissioner Miller, moved to delegate contract approval and signature authority of聽the Regulatory Applications Modernization Project to the Executive Director. The motion was adopted by unanimous vote.

Agenda Item 32 Discussion and possible action regarding approval of Internal Audit Plan for FY2023
ACTION: Commissioner Pe帽a, seconded by Commissioner Woodroof, moved to authorize approval of the Internal Audit Plan for FY2023 to the Audit Committee.聽 The motion was adopted by unanimous vote.

Agenda Item 33 Discussion and possible action to approve Broker Responsibility Course for 2023-2024
ACTION: Commissioner Miller, seconded by Commissioner Russell, moved to approve the Broker Bresponsibility Course for 2023-2024 along with any technical or non-substantive changes.聽 The motion was adopted by uanimous vote.

Agenda Item 34 Discussion and possible action regarding topics for November workshop
ACTION: Staff to send out survey to Commissioners about future meeting days, times, and requested topics for the November workshop.

Agenda Item 35 Discussion and possible action regarding future agenda items聽
No items were requested.

Agenda Item 36 Discussion and possible action to schedule future meetings
Future meeting dates:
Monday, November 7, 2022 Meeting
Tuesday, November 8, 2022 Workshop
Monday, February 13, 2023 Meeting
Tuesday, February 14, 2023 Annual Workshop
ACTION: The next meeting is schedued for November 7, 2022, and the next workshop is scheduled for November 8, 2022.

Agenda Item 37 Adjourn
ACTION: Commissioner Miller, seconded by Commissioner Woodroof, moved to adjourn the meeting.聽 The聽 motion was adopted by uanimous vote and the meeting adjourned at 2:01 p.m.