TREC 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 10:01 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 Appointment of a committee to review applicants to the Education Standards Advisory Committee
ACTION: Chair Kesner appointed Commissioners Bernstein, Brown, and Russell to review applicants for the Education Standards Advisory Committee.
Agenda Item 5 Appointment of a committee to review applicants to the Texas Real Estate Inspector Committee
ACTION: Chair Kesner appointed Commissioners Hartgraves, Lerner, and himself along with TREIC Chair, Lee Warren, to review applicants for the Texas Real Estate Inspector Committee.
Agenda Item 6 Report by the Education Standards Advisory Committee
Report given by Chair Steddum
Agenda Item 7 Report by the Broker Responsibility Advisory Committee
Report given by Chair Williams
Agenda Item 8 Report by The Texas Real Estate Inspector Committee
Report given by Chair Warren
Agenda Item 9 Report by the Texas Real Estate Broker-Lawyer Committee
Report given by Co-Chair George
Agenda Item 10 Report by the Executive Committee
Report given by Chair Kesner
Agenda Item 11 Report by the Enforcement Committee
Report given by Chair Hartgraves
Agenda Item 12 Report by the TREC & TALCB Joint Audit Committee
Report given by Chair Peña
Agenda Item 13 Report by the Budget Committee
Report given by Chair Woodroof
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.
Comment: Charles Jones
Note: Prior to taking the action described below, the Commission recessed into executive session under Agenda Item 17.
Agenda Item 16 Consideration and possible action regarding proposal for decision in the matter of SOAH Docket No. 329-24-12471.REC; TREC v. Maritza Y. Alba
ACTION: Commissioner Lerner, seconded by Commissioner Woodroof, moved to accept the PFD as written to revoke the real estate sales agent license of Maritza Y. Alba, and to assess a $1,500 administrative penalty. The motion was adopted by unanimous vote.
Agenda Item 17 Executive session to discuss: (i) pending litigation or obtain advice of legal counsel on agenda items pursuant to Texas Government Code §551.071; and (ii) a security audit pursuant to Texas Government Code §§551.076 and 551.089
ACTION: The Commission went into Executive Session at 11:53 a.m.
Chair Kesner reconvened the meeting at 1:03 p.m.
Agenda Item 18 Discussion and possible action to authorize settlement of recovery fund claims or take other action on RF 24003; Landon McDonald and Taylor McDonald vs. G & M Realty Associates, LLC, Gustavo Quan, Roosevelt Mucker, Jr. and Joshua Pedroso
ACTION: Commissioner Brown, seconded by Commissioner Woodroof, moved to authorize a settlement payment of $57,796.75, plus 8.25% pre- and post-judgment interest on actual damages awarded in the judgment of $37,548.50. The motion was adopted by unanimous vote.
Agenda Item 19 Discussion and possible action to adopt amendments to 22 TAC §533.8, Motion for Rehearing
ACTION: Commissioner Brown, seconded by Commissioner Harvey Lowe, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §533.8, 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 20 Discussion and possible action to adopt amendments to 22 TAC Chapter 534 as follows:
a. §534.4, Historically Underutilized Businesses Program
b. §534.7, Vendor Protest Procedures
ACTION: Commissioner Brown, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC, Chapter 534, 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 21 Discussion and possible action to adopt amendments to 22 TAC §535.64, Content Requirements for Qualifying Education Courses
ACTION: Commissioner Woodroof, seconded by Commissioner Lerner, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §535.64, and the forms 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 22 Discussion and possible action to adopt amendments to 22 TAC Chapter 535, Subchapter L, as follows:
a. §535.121, Inactive Sales Agent License
b. §535.123, Inactive Broker Status
c. §535.124, Death of a Designated Broker (NEW)
ACTION: Commissioner Brown, seconded by Commissioner Woodroof, moved to authorize staff, on behalf of the Commission, to submit for adoption, amendments to 22 TAC §§535.121 and 535.123, and new §535.124, 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 23 Discussion and possible action to adopt amendments to 22 TAC Chapter 535, Subchapter R, as follows:
a. §535.209, Examinations
b. §535.213, Qualifying Real Estate Inspector Instructors and Courses
c. §535.214, Education and Experience Requirements for a License
ACTION: Commissioner Lerner, seconded by Commissioner Russell, 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. The motion was adopted by unanimous vote.
Agenda Item 24 Discussion and possible action to propose amendments and new rule to 22 TAC Chapter 537 as follows:
a. §537.20, Standard Contract Form TREC No. 9-16, Unimproved Property Contract
b. §537.22, Standard Contract Form TREC No. 11-7, Addendum for "Back-Up" Contract
c. §537.28, Standard Contract Form TREC No. 20-17, One to Four Family Residential Contract (Resale)
d. §537.30, Standard Contract Form TREC No. 23-18, New Home Contract (Incomplete Construction)
e. §537.31, Standard Contract Form TREC No. 24-18, New Home Contract (Completed Construction)
f. §537.32, Standard Contract Form TREC No. 25-15, Farm and Ranch Contract
g. §537.37, Standard Contract Form TREC No. 30-16, Residential Condominium Contract (Resale)
h. §537.39, Standard Contract Form TREC No. 32-4, Condominium Resale Certificate
i. §537.46 Standard Contract Form TREC No. 39-9, Amendment to Contract
j. §537.47, Standard Contract Form TREC No. 40-10, Third Party Financing Addendum
k. §537.67, Standard Contract Form TREC No. 60-0, Addendum for Section 1031 Exchange (NEW)
Comment: Alicia Austin
ACTION: Commissioner Woodroof, seconded by Commissioner Brown, 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. The motion was adopted by unanimous vote.
Agenda Item 25 Discussion and possible action to conclude the review of 22 TAC as follows:
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 Lerner, seconded by Commissioner Woodroof, 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 to authorize the executive director to enter into agreements with the Texas Facilities Commission regarding relocation into office space within the state’s Capitol Complex Project – Phase II
ACTION: Commissioner Hartgraves, seconded by Commissioner Brown, moved to authorize the executive director to enter into agreements with the Texas Facilities Commission regarding relocation into office space within the state’s Capitol Complex Project – Phase II, as presented. The motion was adopted by unanimous vote.
Agenda Item 27 Discussion and possible action regarding the renewal of the Regulatory Applications Modernization Project (RAMP) contract for a two-year term
ACTION: Commissioners Peña, seconded by Commissioner Brown, moved to approve the RAMP contract for a one-year term, as presented. The motion was adopted by unanimous vote.
Agenda Item 28 Discussion and possible action to amend the TREC-TALCB MOU FY2024-25
ACTION: Commissioner Woodroof, seconded by Commissioner Peña, moved to amend the TREC-TALCB MOU FY2024-25 for one year, as presented. The motion was adopted by unanimous vote.
Agenda Item 29 Discussion and possible action regarding:
a. TREC FY2025 Draft Budget
b. Fiscal Year 2025 Budget and Financial Administration Policy
c. Fiscal Year 2025 Investment Policy
ACTION on Agenda Item 29.a.: Commissioner Peña, seconded by Commissioner Harvey Lowe, moved to approve the TREC FY2025 Draft Budget, as presented. The motion was adopted by unanimous vote.
Note: Agenda Items 30-32 were presented together.
Agenda Item 30 Discussion regarding FY2024 Internal Audits
Presentation given by Liz Meyers, McConnell-Jones.
Agenda Item 31 Discussion and possible action regarding approval of Internal Audit Plan for FY2025
ACTION: Commissioner Brown, seconded by Commissioner Peña, moved to approve the Internal Audit Plan for FY2025, as presented. The motion was adopted by unanimous vote.
Agenda Item 32 Discussion and possible action regarding approval of Internal Audit Charter
ACTION: Commissioner Peña, seconded by Commissioner Harvey Lowe, moved to approve the Internal Audit Charter, as presented. The motion was adopted by unanimous vote.
Agenda Item 33 Discussion and possible action to approve Broker Responsibility Course for 2025-2026
ACTION: Commissioner Brown, seconded by Commissioner Harvey Lowe, moved to approve the Broker Responsibility Course for 2025-2026, as presented. The motion was adopted by unanimous vote.
Agenda Item 34 Discussion and possible action regarding topics for November workshop
ACTION: Commissioner Lerner requested an overview of the enforcement investigative process concerning criminal history background checks. General Counsel Burgess mentioned annual training and Commission initiatives would be discussed.
Agenda Item 35 Discussion and possible action regarding future agenda items
No items were requested.
Agenda Item 36 Discussion and possible action to schedule future meetings
Future meeting dates:
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 meetings are scheduled for November 4 and 5, 2024, and February 10 and 11, 2025, at TREC Headquarters in Austin.
Agenda Item 37 Adjourn
ACTION: Chair Kesner adjourned the meeting at 1:46 p.m.