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Meeting Details

05/05/2025 at 10:00 am
Embassy Suites by Hilton San Antonio Landmark
5615 Landmark Parkway
Bluebonnet Ballroom
San Antonio, Texas 78249

Meeting Materials

Meeting Video

ÐÇ¿ÕÌåÓýappÏÂÔØ 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 allegianceÌý
ACTION: Chair Kesner called the meeting to order at 10:07Ìýa.m.
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Agenda Item 2 Discussion and possible action to excuse Commissioner absence(s), if anyÌý
ACTION: Commissioner Woodroof, seconded by Commissioner Brown, moved to excuse the absence of Commissioner Bernstein.Ìý The motion was adopted by unanimous vote.
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Agenda Item 3 Opening remarks and report from the Chair
Remarks given by Chair Kesner
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Agenda Item 4 Recognition of departing Commissioners
Chair Kesner recognized departing Commissioners Jason Hartgraves and Barbara Russell.Ìý Executive Director Buchholtz recognized departing Chair R. Scott Kesner.
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Agenda Item 5 Appointment of a committee to review applicants to the Texas Real Estate Broker-Lawyer Committee
ACTION: Chair Kesner appointed Commissioners Harvey Lowe, Woodroof, and Brown, along with John George, Co-Chair of the Broker-Lawer Committee, to review applicants.
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Agenda Item 6 Report by the Education Standards Advisory CommitteeÌý
Report given by Director Wheeler
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Agenda Item 7 Report by the Broker Responsibility Advisory CommitteeÌý
Report given by Director Sample
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Agenda Item 8 Report by the Texas Real Estate Inspector Committee
Report given by Chair Warren
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Agenda Item 9 Report by the Executive Committee
Report given by Chair Kesner
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Agenda Item 10 Report by the Budget Committee
Report given by Chair Woodroof
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Agenda Item 11 Director reports regarding agency operations, initiatives, and division updatesÌý
Reports given by the following:
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Agenda Item 12 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.Ìý 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.Ìý
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All individuals wishing to provide public comment of any sort should fill out a speaker request form with the agency’s designated agent.Ìý
Comments given by:
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Agenda Item 13 Consideration and possible action regarding proposal for decision in the matter of SOAH DocketÌý
No. 329-24-12948.REC; ÐÇ¿ÕÌåÓýappÏÂÔØ v. Miguel Angel Gutierrez
Note: Prior to taking the action described below, the Commission recessed into executive session under Agenda Item 14.
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Agenda Item 14 Executive session to discuss pending litigation or obtain advice of legal counsel on agenda items pursuant to Texas Government Code §551.071Ìý
ACTION: The Commission when into Executive Session at 11:40 a.m.
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Agenda Item 15 Discussion and possible action to authorize settlement of recovery fund claims or take other action onÌý
a. IRF 25001; Rebecca Richter v. Joe Richardson
b. RF 24004; Michael Laster v. Russ Davis, Johanna Wheeler, and Paragon Gold Realty, LLC
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Agenda Item 16 Discussion and possible action to propose amendments to 22 TAC Chapter 535 as follows:Ìý
a. §535.2, Broker Responsibility
b. §535.35, Registration of Certain Business Entities
c. §535.51, General Requirements for a Real Estate License
d. §535.61, Approval of Providers of Qualifying Courses
e. §535.62, Approval of Qualifying Courses
f. §535.64, Content Requirements for Qualifying Real Estate Courses
g. §535.66, Credit for Courses Offered by Accredited Colleges or Universities
h. §535.71, Approval of CE Providers
i. §535.73, Approval of Elective Continuing Education Courses
j. §535.75, Responsibilities and Operations of Continuing Education Providers
k. §535.91, Renewal of a Real Estate License
l. §535.121, Inactive Sales Agent License
m. §535.122, Reactivation of Sales Agent License
n. §535.123, Inactive Broker Status
o. §535.154, Registration and Use of Alternate, Team and Assumed Business Names Used in Advertisements
p. §535.191, Schedule of Administrative Penalties
q. §535.208, Application for a License
r. §535.215, Inactive Inspector Status
s. §535.216, Renewal of License
t. §535.218, Continuing Education Required for Renewal
u. §535.400, Registration of Easement or Right-of-Way Agents
v. §535.403, Renewal of Registration
w. §535.404, Fees
ACTION: Commissioner Harvey Lowe, seconded by Commissioner Brown, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments 22 TAC Chapter 535, 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.
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Agenda Item 17 Discussion and possible action to propose amendments to 22 TAC Chapter 535 as follows:Ìý
a. §535.60, Definitions
b. §535.65, Responsibilities and Operations of Providers of Qualifying Courses
c. §535.70, Definitions
d. §535.72, Approval of Non-elective Continuing Education Courses
ACTION: Commissioner Peña, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments 22 TAC Chapter 535, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and public comment.ÌýThe motion was adopted by unanimous vote.
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Agenda Item 18 Discussion and possible action to propose amendments to 22 TAC Chapter 537 as follows:Ìý
a. §537.63, Standard Contract Form ÐÇ¿ÕÌåÓýappÏÂÔØ No. OP-L, Addendum for Seller’s Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law
b. §537.64, Standard Contract Form ÐÇ¿ÕÌåÓýappÏÂÔØ No. OP-M, Non-Realty Items Addendum
c. §537.65, Standard Contract Form ÐÇ¿ÕÌåÓýappÏÂÔØ No. 57-0, Notice to Prospective Buyer
ACTION: Commissioner Lerner, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments 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.ÌýThe motion was adopted by unanimous vote.
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Agenda Item 19 Discussion and possible action to propose amendments to 22 TAC §541.2, Criminal History Evaluation Letters/Determination of Fitness
ACTION: Commissioner Lerner, seconded by Commissioner Harvey Lowe, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments 22 TACÌý§541.2, as presented, along with any technical or non-substantive changes required for proposal, to the Texas Register, for publication and public comment.ÌýThe motion was adopted by unanimous vote.
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Agenda Item 20 Discussion and possible action to propose amendments to 22 TAC Chapter 543 as follows:Ìý
a. §543.2, Registration
b. §543.3, Amendments
c. §543.4, Fees
d. §543.5, Forms
e. §543.6, Violations
f. §543.13, Renewal of Registration
ACTION: Commissioner Brown, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit the proposed amendments 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.ÌýThe motion was adopted by unanimous vote.
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Agenda Item 21 Update regarding 89th Legislative Session
Update given by Director Mandell
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Agenda Item 22 Discussion regarding FY2026 draft budget, FY2026 Investment Policy, and FY2026 Budget and Financial Administration Policy
Presentation given by Chief Financial Officer Williams
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Agenda Item 23 Report on Market Trends by Texas A&M University Texas Real Estate Research Center
Report given by Pamela Canon and Jorge Barro
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Agenda Item 24 Discussion and possible action regarding Inspector Legal & Ethics and Standards of Practice Review course
ACTION: Commissioner Russell, seconded by Commissioner Lerner, moved to approve the Inspector Legal & Ethics and Standards of Practice Review course, as presented, along with any technical or non-substantive changes required for publication. The motion was adopted by unanimous vote.
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Agenda Item 25 Discussion and possible action regarding future agenda itemsÌý
Chair Kesner requested the Commission explore forming a working group to discuss requirements related to fiduciary duties, including requirements related to competency, fidelity, and integrity.
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Agenda Item 26 Discussion and possible action to schedule future meetings
Future meeting dates:
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 August 11 and 12 (workshop, if needed), and November 3 and 4 (workshop, if needed), in Austin.
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ACTION: Chair Kesner adjourned the meeting at 1:18 p.m.