August 6, 2020 Board Meetings
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Call to Order
- 1. Roll Call and Establishment of Quorum
2. Pledges of Allegiance - U.S. and Texas
3. Chair's Reports - Chairman Treviño
Vice Chair Appointment of Finance and Audit Committee under Transportation
Code, §1001.023(b)(8)
4. Executive Director's Reports - Whitney Brewster
A. COVID-19 Disaster Response
B. Introduction of Deputy Executive Director - Daniel Avitia
C. Awards, Recognition of Years of Service, and Announcements
Call to Order
1. Roll Call and Establishment of Quorum2. Pledges of Allegiance - U.S. and Texas
3. Chair's Reports - Chairman Treviño
Vice Chair Appointment of Finance and Audit Committee under Transportation
Code, §1001.023(b)(8)
4. Executive Director's Reports - Whitney Brewster
A. COVID-19 Disaster Response
B. Introduction of Deputy Executive Director - Daniel Avitia
C. Awards, Recognition of Years of Service, and Announcements
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Item 5 - CONTESTED CASES
Denial of Application and Appeal to SOAH under Occupations Code,
§2301.651 and 43 Texas Administrative Code §215.141. MVD Docket Case No.
19-0012705.ENF, SOAH Docket No. 608-20-0638.ENF. Texas Department of Motor
Vehicles v. Johnnie Lloyd, D/B/A Five Star Motors and More - Daniel Avitia
Item 5
CONTESTED CASESDenial of Application and Appeal to SOAH under Occupations Code,
§2301.651 and 43 Texas Administrative Code §215.141. MVD Docket Case No.
19-0012705.ENF, SOAH Docket No. 608-20-0638.ENF. Texas Department of Motor
Vehicles v. Johnnie Lloyd, D/B/A Five Star Motors and More - Daniel Avitia
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Item 6 - Denial of Application and Appeal to SOAH under Occupations Code,
§2301.251(a), and §2301.651(a); Transportation Code, §503.034(a)(1); and 43
Texas Administrative Code §§215.88(c), 215.89(b)(8), and 215.141. MVD
Docket Case No. 19-0007745.ENF, SOAH Docket No. 608-19-6053.ENF. Texas
Department of Motor Vehicles v. Alvina Taylor, D/B/A A&J Imports, LLC. - Daniel
Avitia
Item 6
Denial of Application and Appeal to SOAH under Occupations Code,§2301.251(a), and §2301.651(a); Transportation Code, §503.034(a)(1); and 43
Texas Administrative Code §§215.88(c), 215.89(b)(8), and 215.141. MVD
Docket Case No. 19-0007745.ENF, SOAH Docket No. 608-19-6053.ENF. Texas
Department of Motor Vehicles v. Alvina Taylor, D/B/A A&J Imports, LLC. - Daniel
Avitia
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Item 7 - RULES - PROPOSALS
Consumer Protection Advisory Committee (CPAC) Recommendations
Regarding Refund by Motor Vehicle Dealers and Motor Carriers Transporting
Household Goods Rules - Enforcement Division and Presiding Officer Laird Doran
Item 7
RULES - PROPOSALSConsumer Protection Advisory Committee (CPAC) Recommendations
Regarding Refund by Motor Vehicle Dealers and Motor Carriers Transporting
Household Goods Rules - Enforcement Division and Presiding Officer Laird Doran
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Item 8 - Chapter 215, Motor Vehicle Distribution - Corrie Thompson and Brian Ge
Amendments, §215.500
New, §215.504
Chapter 218, Motor Carriers
Amendments, §218.72
(Relating to SB 604, clarifying the refund authority for motor vehicle buyers and
lessees; refund to a consumer who paid the motor carrier to transport household
goods)
Item 8
Chapter 215, Motor Vehicle Distribution - Corrie Thompson and Brian GeAmendments, §215.500
New, §215.504
Chapter 218, Motor Carriers
Amendments, §218.72
(Relating to SB 604, clarifying the refund authority for motor vehicle buyers and
lessees; refund to a consumer who paid the motor carrier to transport household
goods)
»
Item 9 - Chapter 221, Salvage Vehicle Dealers - Corrie Thompson
New §221.96, Cease and Desist
(Relating to SB 604, establishing process under which board may issue a cease
and desist order to prohibit a person from violating statutes, board rules, or
board orders, after notice and an opportunity for a hearing)
Item 9
Chapter 221, Salvage Vehicle Dealers - Corrie ThompsonNew §221.96, Cease and Desist
(Relating to SB 604, establishing process under which board may issue a cease
and desist order to prohibit a person from violating statutes, board rules, or
board orders, after notice and an opportunity for a hearing)
»
Item 10 - Chapter 209, Finance - Jimmy Archer and Linda M. Flores
Amendments, §209.23
Chapter 219, Oversize and Overweight
Amendments, §§219.2, 219.11, 219.13 - 219.15, 219.42, 219.43, and 219.61 -
219.63
(Relating to HB 61, escort flag vehicles including the use of certain lighting
equipment; removing escrow account payment for certain types of permits)
Item 10
Chapter 209, Finance - Jimmy Archer and Linda M. FloresAmendments, §209.23
Chapter 219, Oversize and Overweight
Amendments, §§219.2, 219.11, 219.13 - 219.15, 219.42, 219.43, and 219.61 -
219.63
(Relating to HB 61, escort flag vehicles including the use of certain lighting
equipment; removing escrow account payment for certain types of permits)
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Item 11 - Chapter 219, Oversize and Overweight Vehicles and Loads - Jimmy Archer
Amendments, §219.31 and §219.126
Repeal, §219.83
(Relating to HB 2620, movement of oversize or overweight vehicles and
enforcement of motor vehicle size and weight limitations)
Item 11
Chapter 219, Oversize and Overweight Vehicles and Loads - Jimmy ArcherAmendments, §219.31 and §219.126
Repeal, §219.83
(Relating to HB 2620, movement of oversize or overweight vehicles and
enforcement of motor vehicle size and weight limitations)
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Item 12 - Chapter 206, Management - Timothy Menke and Sandra Menjivar-Suddeath
New, §206.151
Chapter 223, Compliance and Investigations Division
New, §223.101
(Relating to SB 604, risk-based monitoring and prevention of title and registration
fraud)
Item 12
Chapter 206, Management - Timothy Menke and Sandra Menjivar-SuddeathNew, §206.151
Chapter 223, Compliance and Investigations Division
New, §223.101
(Relating to SB 604, risk-based monitoring and prevention of title and registration
fraud)
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Item 13 - Chapter 206, Management - Tracey Beaver
Amendments, §206.22
Chapter 215, Motor Vehicle Distribution
Amendments, §215.22 and §215.55
New, §§215.59 - 215.63
(Relating to SB 604, new Occupations Code §2301.709(d), contested cases; and a
petition for rulemaking)
(Informal Working Draft and Request for Informal Comments on Rules Relating to
Contested Cases; and Petition for Rulemaking - Published on TxDMV website April
3, 2020 to May 4, 2020)
Item 13
Chapter 206, Management - Tracey BeaverAmendments, §206.22
Chapter 215, Motor Vehicle Distribution
Amendments, §215.22 and §215.55
New, §§215.59 - 215.63
(Relating to SB 604, new Occupations Code §2301.709(d), contested cases; and a
petition for rulemaking)
(Informal Working Draft and Request for Informal Comments on Rules Relating to
Contested Cases; and Petition for Rulemaking - Published on TxDMV website April
3, 2020 to May 4, 2020)
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Item 14 - RULES - ADOPTIONS
Chapter 217, Vehicle Titles and Registration - Jeremiah Kuntz
Amendments, §217.144
(Relating to SB 604, new Transportation Code Chapter 1006, rename Automobile
Burglary Theft Prevention Authority to Motor Vehicle Crime Prevention Authority)
Item 14
RULES - ADOPTIONSChapter 217, Vehicle Titles and Registration - Jeremiah Kuntz
Amendments, §217.144
(Relating to SB 604, new Transportation Code Chapter 1006, rename Automobile
Burglary Theft Prevention Authority to Motor Vehicle Crime Prevention Authority)
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Item 15 - Chapter 217, Vehicle Titles and Registration - Jeremiah Kuntz
Amendments, §217.182
(Relating to HB 1548, new Transportation Code §551A.052, Registration; license
plates; incorporate legislation to add a new transaction type)
Item 15
Chapter 217, Vehicle Titles and Registration - Jeremiah KuntzAmendments, §217.182
(Relating to HB 1548, new Transportation Code §551A.052, Registration; license
plates; incorporate legislation to add a new transaction type)
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Item 16A - BRIEFING AND ACTION ITEMS
Finance and Audit Committee Update - Committee Chair Brett Graham
Consideration and Possible Recommendation for Action to Full Board:
1. FY 2022 - 2023 Legislative Appropriations Request, Baseline, and Exceptional Items - Linda M. Flores and Sergio Rey
2. FY 2021 Recommended Annual Operating Budget - Linda M. Flores
and Sergio Rey
3. FY 2021 First Six Month Internal Audit Plan - Sandra Menjivar-Suddeath
Item 16A
BRIEFING AND ACTION ITEMSFinance and Audit Committee Update - Committee Chair Brett Graham
Consideration and Possible Recommendation for Action to Full Board:
1. FY 2022 - 2023 Legislative Appropriations Request, Baseline, and Exceptional Items - Linda M. Flores and Sergio Rey
2. FY 2021 Recommended Annual Operating Budget - Linda M. Flores
and Sergio Rey
3. FY 2021 First Six Month Internal Audit Plan - Sandra Menjivar-Suddeath
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Item 16B - Briefing Items
1. Financial Impacts of COVID-19 on TxDMV - Linda M. Flores and Brian
Kline
2. Third Quarter Financial Report ending May 31, 2020 - Linda M. Flores and
Sergio Rey
3. Internal Audit Division Status Report - Sandra Menjivar-Suddeath
Item 16B
Briefing Items1. Financial Impacts of COVID-19 on TxDMV - Linda M. Flores and Brian
Kline
2. Third Quarter Financial Report ending May 31, 2020 - Linda M. Flores and
Sergio Rey
3. Internal Audit Division Status Report - Sandra Menjivar-Suddeath
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Item 17A - Legislative and Public Affairs - Caroline Love
(BRIEFINGS ONLY)
Legislative Plans for the 87th Legislative Session
Item 17A
Legislative and Public Affairs - Caroline Love(BRIEFINGS ONLY)
Legislative Plans for the 87th Legislative Session
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Item 17B - Alternatively Fueled Vehicle Study Update
Item 17B
Alternatively Fueled Vehicle Study Update»
Item 17C - Digital License Plate Implementation Timeline Update
Item 17C
Digital License Plate Implementation Timeline Update»
Item 18 - Appointment of Delegees to Act in the Absence of the Executive Director - Whitney
Brewster
Item 18
Appointment of Delegees to Act in the Absence of the Executive Director - WhitneyBrewster
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Executive Session
- EXECUTIVE SESSION
19. The Board may enter into closed session under one or more of the following
provisions of the Texas Open Meetings Act, Government Code, Chapter 551:
Section 551.071 - Consultation with and advice from legal counsel regarding:
- pending or contemplated litigation, or a settlement offer;
- a matter in which the duty of the attorney to the government body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Government Code, Chapter 551; or
- any item on this agenda.
Section 551.074 - Personnel matters.
- Discussion relating to the appointment, employment, evaluation,
reassignment, duties, discipline, and dismissal of personnel.
- Discussion relating to TxDMV dispute resolution process and recent EEOC
complaints and internal Civil Rights Office complaints.
Section 551.076 - Deliberation Regarding Security Devices or Security Audits;
Closed Meeting.
- the deployment, or specific occasions for implementation, of security
personnel or devices; or
- a security audit.
Section 551.089 - Deliberation Regarding Security Devices or Security Audits
Closed Meeting.
- security assessments or deployments relating to information resources
technology;
- network security information as described by Section 2059.055(b); or
- the deployment, or specific occasions for implementation, of security personnel,
critical infrastructure, or security devices.
Executive Session
EXECUTIVE SESSION19. The Board may enter into closed session under one or more of the following
provisions of the Texas Open Meetings Act, Government Code, Chapter 551:
Section 551.071 - Consultation with and advice from legal counsel regarding:
- pending or contemplated litigation, or a settlement offer;
- a matter in which the duty of the attorney to the government body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Government Code, Chapter 551; or
- any item on this agenda.
Section 551.074 - Personnel matters.
- Discussion relating to the appointment, employment, evaluation,
reassignment, duties, discipline, and dismissal of personnel.
- Discussion relating to TxDMV dispute resolution process and recent EEOC
complaints and internal Civil Rights Office complaints.
Section 551.076 - Deliberation Regarding Security Devices or Security Audits;
Closed Meeting.
- the deployment, or specific occasions for implementation, of security
personnel or devices; or
- a security audit.
Section 551.089 - Deliberation Regarding Security Devices or Security Audits
Closed Meeting.
- security assessments or deployments relating to information resources
technology;
- network security information as described by Section 2059.055(b); or
- the deployment, or specific occasions for implementation, of security personnel,
critical infrastructure, or security devices.
»
Items 20 & 22 - 20. Action Items from Executive Session
Performance evaluation of Executive Director, including any delegations to a board
subcommittee, and modifications to compensation
22. Adjournment
Items 20 & 22
20. Action Items from Executive SessionPerformance evaluation of Executive Director, including any delegations to a board
subcommittee, and modifications to compensation
22. Adjournment
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