Texas State Board of Plumbing Examiners (TSBPE)
929 East 41st Street, Austin, TX 78751
Board Meeting Minutes
August 1, 2016
Agenda Item 1 – Call to Order.
Mr. Cerda, Board Chair called the meeting to order at 9:00 a.m.
Agenda Item 2 – Roll Call.
Ms. Bodden, Executive Assistant called the roll. It was noted for the record that a quorum was present.
Members Present:
Enrique Castro, Member
Julio Cerda, Board Chair
Tom Freeman, Member
Ben R. Friedman, Member
David A. Garza, Member
Janet L. Gallagher, Member
Rick Guerra, Board Secretary
Robi Jalnos, Member
Edward Thompson, Member
Staff Present:
Lisa G. Hill, Executive Director
Veena Mohan, Assistant Attorney General
Andrew Lutostanski, Assistant Attorney General
Helen Kelley, Staff Attorney
Jon Law, Law Clerk
Alex Rosenthal, Chief Investigator
Steve Davis, Director of Enforcement
Cori Briscoe, Director of Financial Operations
Cristabel Bodden, Executive Assistant
Agenda Item 3 – Resolutions in honor of outgoing Board Chair and Board Members
Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to discuss item 3 of the Board materials. Ms.
Hill relayed that Ms. Betancourt, previous Board Chair personally picked up her resolution. Ms. Hill
explained that Mr. Lord and Mr. DeHoyos were unable to attend today’s meeting. Ms. Hill added that
their resolutions would be hand-delivered. Mr. Cerda noted his thanks for the previous Board members
and their hard work and dedication.
Agenda Item 4 – Public Comment
The following individuals, associations, and organizations presented public comments. Comments were
limited to a maximum of 3 minutes.
Alicia Dover, PHCC Texas – Resource only
Stanley J. Briers, TXPAMCA & ICE – Mr. Briers thanked the Board for all they do for the plumbing
industry and briefly commented on the work of the Enforcement Committee.
Agenda Item 5 – Board Secretary Election
Mr. Thompson moved to reappoint Mr. Guerra as the Board’s secretary. Ms. Gallagher seconded the
motion and the motion carried unanimously. Mr. Guerra accepted the appointment and will serve a
two-year term beginning September 1, 2016.
Agenda Item 6 – Board Committee Appointments
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Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to explain item 6 of the Board materials. Ms.
Hill explained the different Committees and the changes in the Board Member appointments for each
Committee as chosen by Mr. Cerda.
Ms. Hill provided a chart of the members and the appointments for Continuing Professional Education,
Rules, Enforcement, Medical Gas, Water Supply Protection Specialist, Legislative Resources,
Examination, Personnel, Training, and Audit Committees.
Mr. Jalnos moved to accept the Committees as described. Mr. Castro seconded the motion and the
motion carried unanimously.
Agenda Item 7 – April 18, 2016, Board Meeting Minutes
Mr. Cerda, Board Chair directed the Board to review the April 19, 2016 meeting minutes under item 7 of
the Board materials. Mr. Guerra moved to approve the minutes as written. Mr. Thompson seconded the
motion and the motion carried unanimously.
Agenda Item 8 – Enforcement Committee Report
Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to discuss item 8 of the Board materials.
Agenda Item 8 (a) – Enforcement Committee Activity Report
Ms. Hill directed the Board to the report of meetings under item 8(a) of the Board materials. Ms. Hill
reported that the Enforcement Committee had met on 10 occasions in the last quarter to review
applicants for registration and examination who have past criminal convictions and to review complaint
cases. Ms. Hill confirmed the number of applications reviewed and the outcome of the reviews. Ms. Hill
also stated the number of complaint cases reviewed and administrative penalties imposed, including the
types and most common violations.
Agenda Item 8 (b) – Board Order of Administrative Penalties
Ms. Hill directed the Board to the Order for Imposition of Administrative Penalties and explained the
adoption of the Order for Administrative Penalties to the Board members. Ms. Hill explained that the
Administrative Penalties included in the Order are the result of an agreement made under the Board’s
Administrative Penalty Schedule between the Respondent and the Enforcement Committee. Ms. Hill
then directed the Board to the report of previous violators related to the Order for Imposition of
Administrative Penalties.
Mr. Thompson moved to adopt the Board Order for Imposition of Administrative Penalties as
recommended by the Enforcement Committee. Ms. Gallagher seconded the motion and the motion
carried unanimously. See Order attached as Exhibit 1.
Agenda Item 8 (c) – Cease and Desist Orders issued under Section 1301.5045 of the Plumbing License
Law:
Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to discuss Item 8 (c) of the Board materials.
Ms. Hill reported on the Cease and Desist Orders presented in the Board materials and when and how
the Enforcement Committee determines the need. Ms. Hill confirmed that no action was required on
these items. Ms. Hill explained that in many cases the Orders are in addition to other actions taken by
the Enforcement Committee.
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(I) Melisa Allman; Case No. 2016-01288
(ii) Josiah Carandante; Case No. 2016-01646
(iii) Robbie D. Carter; Case No. 2016-01297
(iv) Mike Grodin; Case No. 2016-01296
(v) Gerry K. Kelso; Case No. 2016-01291
(vi) Robert Quinn; Case No. 2016-01742
(vii) Frank Manzere; Case No. 2016-00191
(viii) Randy R. Strahan; Case No. 2016-01739
Agenda Item 8 (d) – Individuals whose licenses or registrations were previously revoked and are reapplying for registration or examination under Board Rule 365.10:
Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to discuss Item 8 (d) (i) – (x) of the Board
materials.
Ms. Hill explained that the individuals being considered today had previously held a license or
registration that was revoked due to incarceration or complaints. Ms. Hill stated that the Enforcement
Committee is recommending approval of the following applicants:
(i)
Francisco Apodaca; Entity No. 419957
Ms. Hill directed the Board to the application and documentation submitted by Mr. Apodaca under item
8(d)(1) of the Board materials.
Ms. Gallagher moved to approve Mr. Apodaca’s application for registration as a Plumber’s Apprentice.
Mr. Garza seconded the motion and the motion carried unanimously.
(ii)
Kevin Beard; Entity No. 368341
Ms. Hill directed the Board to the application and documentation submitted by Mr. Beard under item
8(d)(2) of the Board materials. Mr. Beard came before the Board and asked the Board to consider his
request to take the Master Plumber examination. Mr. Beard explained the circumstances that occurred
that resulted in his revocation and the changes in his life.
Mr. Thompson moved to allow Mr. Beard to sit for his Master Plumber exam. Mr. Castro seconded the
motion and the motion carried unanimously.
(iii) Marshal Brock; Entity No. 443448
Ms. Hill directed the Board to the application and documentation submitted by Mr. Brock under item
8(d)(3) of the Board materials.
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Mr. Jalnos moved to approve Mr. Brock’s application for registration as a Plumber’s Apprentice. Mr.
Guerra seconded the motion and the motion carried unanimously.
(iii) Daniel Herrera; Entity No. 396378
Ms. Hill directed the Board to the application and documentation submitted by Mr. Herrera under item
8(d)(4) of the Board materials.
Mr. Jalnos moved to approve Mr. Herrera’s application for registration as a Plumber’s Apprentice. Ms.
Gallagher seconded the motion and the motion carried unanimously.
(iv)
Russell Johnson; Entity No. 368423
Ms. Hill directed the Board to the application and documentation submitted by Mr. Johnson under item
8(d)(5) of the Board materials.
Mr. Garza moved to approve Mr. Johnson’s application for Journeyman Plumber examination. Mr.
Guerra seconded the motion and the motion carried unanimously.
(v)
Daniel Martinez; Entity No. 369495
Ms. Hill directed the Board to the application and documentation submitted by Mr. Martinez under item
8(d)(6) of the Board materials. Mr. Martinez came before the Board and asked the Board to consider his
request for examination as a Journeyman Plumber. Mr. Martinez explained the circumstances that led
to his incarceration.
Mr. Guerra moved to approve Mr. Martinez’ application for examination as Journeyman Plumber. Mr.
Jalnos seconded the motion and the motion carried unanimously.
(vi)
Brian McGriff; Entity No. 407812
Ms. Hill directed the Board to the application and documentation submitted by Mr. McGriff under item
8(d)(7) of the Board materials.
Ms. Gallagher moved to approve Mr. McGriff’s application for examination as a Journeyman Plumber.
Mr. Jalnos seconded the motion and the motion carried unanimously.
(vii)
Rolando Rodriguez; Entity No. 405713
Ms. Hill directed the Board to the application and documentation submitted by Mr. Rodriguez under
item 8(d)(8) of the Board materials.
Mr. Cerda questioned some irregular markings on the application and expressed concerns the applicant
may have not been forthcoming with all of his convictions. Mr. Jalnos moved to table the item until staff
could determine if the markings on the application were in error on the part of the applicant and/or
staff had overlooked a conviction. Mr. Garza seconded the motion and the motion carried unanimously.
Ms. Hill directed staff to run a background check to ensure that Mr. Rodriguez had in fact listed all of his
convictions and return immediately to the meeting.
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Ms. Hill reported that Mr. Rodriguez did report all of his convictions based on the tools available to staff
in determining what and how many convictions an applicant has. Mr. Jalnos moved to approve Mr.
Rodriguez’ application for registration as a Plumber’s Apprentice. Mr. Garza seconded the motion and
the motion carried unanimously.
(viii) David Wright; Entity No. 421284
Ms. Hill directed the Board to the application and documentation submitted by Mr. Wright under item
8(d)(9) of the Board materials.
Mr. Wright came before the Board and asked the Board to consider his application for registration as a
Plumber’s Apprentice. Mr. Wright explained the circumstances that led to his incarceration.
Mr. Thompson moved to approve Mr. Wright’s application for registration as a Plumber’s Apprentice.
Mr. Jalnos seconded the motion and the motion carried unanimously.
(x)
Samuel A. Sanchez; Entity No. 409693
Ms. Hill directed the Board to the application and documentation submitted by Mr. Sanchez under item
8(d)(10) of the Board materials.
Mr. Jalnos moved to approve Mr. Sanchez’ application for examination as a Journeyman Plumber. Mr.
Thompson seconded the motion and the motion carried unanimously.
Agenda Item 8 (e) – Annual review of renewal for Stewart Michael Townley
Ms. Hill directed the Board to the documentation submitted by Mr. Townley under Item 8 (e) of the
Board materials. Mr. Townley came before the Board and asked the Board to consider his request to
renew his Plumber’s Apprentice registration. Mr. Townley requested that he not be required to submit
the additional information each year during his review. Mr. Townley explained that he was in the
process of applying for examination as a Journeyman Plumber and hoped that the Board would consider
how well he has done during his registration as Plumber’s Apprentice. Mr. Townley requested that he
not be required to come before the Board each year for his renewal as the expense to travel was a
hardship.
Ms. Hill explained that Mr. Townley was only required to submit an updated letter related to his
conviction but was not required to be present at the meetings to present the information for his
renewal.
Mr. Guerra moved to renew Mr. Townley’s Plumber’s Apprentice registration. Mr. Guerra noted that the
item up for review was only for Mr. Townley’s Plumber’s Apprentice registration. Mr. Thompson
seconded the motion and the motion carried unanimously.
Agenda Item 8 (f) – SOAH Proposal for Decision (PFD) Final Orders
Mr. Cerda, Board Chair asked Ms. Kelley, Staff Attorney to discuss Items 8 (f) (i)-(v) of the Board
materials.
Item (i) Jenaro Alcorta; SOAH Docket No. 456-16-2755
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Ms. Kelley explained the SOAH Proposal for Decision and the Enforcement Committee’s
recommendations. Mr. Guerra moved to adopt the SOAH Proposal for Decision for Jenaro Alcorta;
SOAH Docket No. 456-16-2755 as written. Mr. Thompson seconded the motion and the motion carried
unanimously.
(ii) Shaffer Brooks; SOAH Docket No. 456-16-2760
Ms. Kelley explained the SOAH Proposal for Decision and the Enforcement Committee’s
recommendations. Mr. Garza moved to adopt the PFD as written. Mr. Jalnos seconded the motion and
the motion carried unanimously.
(iii) Baldemar Davila; SOAH Docket No. 456-16-3965
Ms. Kelley explained the SOAH Proposal for Decision and the Enforcement Committee’s
recommendations. Mr. Guerra moved to adopt the PFD as written. The motion was seconded by Ms.
Gallagher and the motion carried unanimously.
(iv) Shad E. Groze; SOAH Docket No. 456-16-3659
Ms. Kelley explained the SOAH Proposal for Decision and the Enforcement Committee’s
recommendations. Mr. Thompson moved to adopt the PFD as written. The motion was seconded by Ms.
Gallagher and the motion carried unanimously.
(v) Yigal Buzaglo; SOAH Docket No. 456-15-5052
Mr. Cochell, attorney for Mr. Buzaglo, came before the Board to discuss Mr. Buzaglo’s case. Ms. Kelley
explained the SOAH Proposal for Decision and recommended that the Board adopt it. Ms. Kelley
responded to matters raised by Mr. Cochell. Mr. Jalnos moved to adopt the PFD as written. Mr.
Thompson seconded the motion and the motion carried unanimously.
Agenda Item 8 (g) – Default Judgment Orders:
Mr. Cerda, Board Chair asked Ms. Kelly, Staff Attorney to discuss Item 8 (g) (i) – (iii) of the Board
materials.
(i)
Hector Fernandez; SOAH Docket No. 456-16-4259
Ms. Kelley explained the Default Order. Mr. Thompson moved to adopt the Default Order. The motion
was seconded by Ms. Gallagher and the motion carried unanimously.
(ii) Bobby Martinez; SOAH Docket No. 456-16-4257
Ms. Kelley explained the Default Order. Mr. Thompson moved to adopt the Default Order. The motion
was seconded by Ms. Gallagher and the motion carried unanimously.
(iii) Freddie Martinez; SOAH Docket No. 456-16-4261
Ms. Kelley explained the Default Order. Mr. Gallagher moved to adopt the Default Order. The motion
was seconded by Mr. Thompson and the motion carried unanimously.
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Agenda Item 9 – Rules Committee Report
(a) Notice of Intent to initiate Rule Review of Texas Administrative Code, Title 22, Part 17,
Chapter 361, Chapter 363, Chapter 365, and Chapter 367, in accordance with Texas
Government Code Sec. 2001.039.
Mr. Cerda, Board Chair asked Mr. Guerra, Rule Committee Chair to discuss Item 9 (a) of the Board
materials.
Mr. Guerra explained the process and reasoning for the rule review for all four chapters of the Board’s
Rules. Mr. Guerra explained that the rule review while required by law was to eliminate duplicative text
within the statute, reflect current policies and to ensure the rules are not obsolete. Mr. Guerra added
that all proposed changes will be posted in the Texas Register.
Agenda Item 10 – Continuing Professional Education (CPE) Committee Report.
Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to discuss item 10 of the Board materials. Ms.
Hill discussed the CPE Course Instructor applications and relayed that all three applicants had met the
requirements needed for approval.
(a) 2016-2017 CPE Course Instructor applications:
(i) Guy Pemberton; Fun Plumbing Training
(ii) Jesse D Campbell; Winn’s Inc.
(iii) John S. Self; Texas PAMCA
A motion was made by Mr. Jalnos and seconded by Mr. Garza to approve all three CPE Course Instructor
applications.
Agenda Item 11 – Legislative Resource Committee Report.
(a) Review and possible action on recommendations for Exceptional Items to be included in agency
Legislative Appropriations Request (LAR).
Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to discuss Item 11 of the Board materials. Ms.
Hill discussed the LAR that staff prepared. Ms. Hill explained that all agencies were required to present
a budget containing 4% less than the previous biennium. Ms. Hill further explained that the cut would
eliminate two employees and it would be two Investigators. Ms. Hill then explained that the most
important item in the LAR was to request the 4% cut be put back into the budget as an exceptional item.
Ms. Hill added that this would not be considered unusual as other agencies will be doing the same. Ms.
Hill explained that she is working closely with the Legislative Budget Board (LBB).
Ms. Hill noted that the first budget hearing was scheduled for August 24, 2016. Ms. Hill encouraged Mr.
Guerra to attend in Mr. Jalnos’ absence. Ms. Hill explained that from past experience she expected that
revisions will be made in the initial LAR presented at the hearing.
Ms. Gallagher asked how many vacant positions the agency currently has. Ms. Hill replied that there are
three vacant positions.
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Discussion ensued on what the agency could do to cut back on expenses such as utilities, postage, gas,
etc. Ms. Hill explained that the agency is very conservative in its spending and practices money saving
techniques whenever possible in its day to day processes.
Mr. Jalnos commented that the revenue stream produced and efficiencies used in the past should
certainly support getting the 4% back. Mr. Jalnos added that from past experience this is what sets this
agency apart from the rest. Mr. Jalnos asked if Ms. Hill had information on past activities and our
revenue stream. Ms. Hill explained that information with the most current statistics is prepared before
each hearing. Ms. Hill added that she believes we are a valuable asset to the state and we have a very
good relationship with the Governor’s Office and the LBB.
A motion was made by Mr. Jalnos and seconded by Mr. Thompson to table agenda Item 11 until the
additional budget information was prepared. Ms. Hill explained that the initial LAR is due August 5,
2016. Ms. Hill added that she would be happy to provide additional information regarding our revenue
stream and activities to the Board. Ms. Hill explained that the estimates contained in the LAR are just
that and that the Annual Financial Report (AFR) is being prepared and will be distributed by the next
meeting. The AFR will provide a better picture of the fiscal year 2016 rather than the estimates in the
LAR. Ms. Hill added that if there are changes that the Board would like in the request for exceptional
items she needs to know very soon.
Agenda Item 12 – Assistant Attorney General’s Report.
Mr. Cerda, Board Chair asked Ms. Veena Mohan, Assistant Attorney General to discuss item 12 of the
Board materials and present the report. Ms. Mohan relayed that she had nothing to report to the Board.
Agenda Item 13 – Examination Department Activity Report.
Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to discuss item 13 of the Board materials.
(a) Examination statistics
Ms. Hill explained that 1,841 exams were administrated with a passing rate of 72%. Ms. Hill added that
the passing rate remained somewhat low.
Mr. Cerda, Board Chair discussed the apprenticeship program Mr. Julian Alvarez from the Workforce
Commission had described at a previous meeting. Mr. Cerda stated that the agency may want to work
with the Workforce Commission on their training initiative. Mr. Cerda asked Ms. Hill about testing in the
Valley area. Ms. Hill explained that the written portion of the examination is offered in both the Rio
Grande Valley and El Paso areas.
Agenda Item 14 – Enforcement Department Activity Report
Mr. Cerda, Board Chair asked Mr. Davis, Enforcement Director to discuss item 14 of the Board materials.
(a) Enforcement statistics
Mr. Davis addressed the Board regarding enforcement matters handled by both the Board's field
investigators and staff members.
Mr. Davis described a demonstration the Enforcement Department provided at the San Antonio Career
Day and the Brookshire Water Festival.
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Mr. Davis also described issues with illegal advertising and the two successful stings the department
conducted, one in the Panhandle region and one in the Dallas/Fort Worth Metroplex area.
Mr. Davis directed the Board to the Field Activity Report in the Board materials. Mr. Davis reviewed the
detailed coverage map for the Field Representatives. Mr. Davis reviewed the Enforcement Department
statistics for the 3rd quarter and described the monitoring of two Continuing Education classes.
Mr. Garza inquired about the violations and fines the Enforcement Department imposed. Ms. Hill
suggested Mr. Davis could run a report of imposed penalties by cases. In addition, Ms. Hill added that at
the close of the year we document the totals.
Mr. Cerda asked how the Enforcement in El Paso was going. Mr. Davis confirmed that Field Investigators
Joe Hernandez and Delwin Derrick were recently in that area and issued three notices for violations of
the Plumbing License Law and Board rules.
Agenda Item 15 – Executive Director’s Report.
Mr. Cerda, Board Chair asked Ms. Hill, Executive Director to discuss item 15 of the Board materials.
Staff Additions
Ms. Hill explained that the agency had recently hired Ms. Cris Bodden as Executive Assistant to the
Board and Executive Director. Ms. Hill added that Ms. Cori Briscoe was hired to oversee the Finance
Department.
Ms. Hill further explained that Mayra Zamarripa, the former Executive Assistant, transferred to the
Accounting Department. Ms. Hill explained that Mr. Jon Lawson recently passed the Bar exam and
would now be working full time for the agency.
Review of Agency Strategic Plan for Fiscal Years 2017-2021
Ms. Hill relayed that hard copies of the Strategic Plan had been provided to the Board and that the plan
is posted on the website.
Health Professions Council update
Ms. Hill explained that the Versa Regulatory Database was down for a week while the latest
enhancements were put into place. Ms. Hill added that an applicant can now upload the required
documents needed for examination when applying online. In addition, Ms. Hill described various new
features.
Report on State Office of Risk Management Visit
Ms. Hill explained that the State Office of Risk Management report was included for the Board’s review.
Ms. Hill explained that certain aspects of the report are not for public discussion but that one of the
features included in the report relates to the agency’s compliance with fire drills, building evacuation
and general safety of the work environment. Ms. Hill said she was pleased with the report.
Customer Service Survey
Ms. Hill described the Survey of Excellence that was conducted and included in the Strategic Plan. Ms.
Hill explained that overall Staff felt safe and comfortable in their work environment. Ms. Hill added that
the survey also indicated Staff appear to be invested in the agency and their jobs.
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Meeting with Governor’s new Committee on Child Trafficking
Ms. Hill explained that she and Ms. Kelley attended a meeting of the Governor’s newly formed task
force on Child Trafficking. Ms. Hill added that the bottom line is “if you see something, say something”.
Ms. Hill explained that she hoped this information could be shared during Continuing Education. Ms. Hill
said she discussed with the task force that the plumbing population was expected to reach over 70,000
within the next year.
Examinations for Inspectors
Ms. Hill explained that the Exam department with the help of the Enforcement department continues to
try to offer exams remotely for Inspector endorsements when the demand warrants it.
Current Statistics on Licenses and Registrations
Ms. Hill explained that she expects the license and registration population to continue to increase and
directed the Board to the data.
Mr. Jalnos inquired about continuing education requirements for the residential fire sprinkler specialist
endorsees. Ms. Hill relayed that currently, there is no continuing education required.
Agenda Item 16 – Financial Department Report
Mr. Cerda, Board Chair asked Ms. Briscoe, Director of Financial Operations and Human Resources to
discuss item 16 of the Board materials.
Ms. Briscoe discussed agency expenditures for the end of the 3rd quarter. Ms. Briscoe explained that
staff continues to spend conservatively. Ms. Briscoe noted that the agency has an increase in revenue
compared to fiscal year 2015.
Mr. Cerda, Board Chair called for a break at 11:32 a.m. The meeting reconvened at 11:46 a.m.
Agenda Item 17 – Personnel Committee Report
(a) Perform evaluation of Executive Director, Lisa G. Hill
Mr. Cerda, Board Chair called for an Executive Session at 11:46 a.m.
Non-critical agency staff and public members exited the meeting area for the discussion on this Agenda
item.
The meeting reconvened at 12:56 p.m.
Mr. Cerda directed Ms. Hill to schedule a Personnel Committee meeting before the next Board meeting.
Agenda Item 18 – Date, location, and time of future Board meetings
Mr. Cerda announced that the next Board Meeting would be Monday, October 10, 2016.
Agenda Item 19 – Adjourn.
Mr. Guerra moved to adjourn the meeting at 1:01 p.m. Mr. Jalnos seconded the motion and the motion
carried unanimously.
_____________________________________
Cristabel Bodden
Executive Assistant
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Minutes adopted by the Board on this 1st day of AUGUST, 2016.
“SIGNED “
Ricardo J. Guerra, P.E., Secretary
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