0001 1 TRANSCRIPT OF PROCEEDINGS 2 BEFORE THE 3 TEXAS LOTTERY COMMISSION 4 AUSTIN, TEXAS 5 BINGO ADVISORY COMMITTEE MEETING 6 7 8 9 10 JANUARY 16, 2020 11 10:00 A.M. 12 AT 13 TEXAS LOTTERY COMMISSION 611 East 6th Street 14 Austin, Texas 78701 15 16 17 18 19 20 21 22 23 24 Proceedings reported by electronic sound recording; transcript prepared by Verbatim Reporting & Transcription 25 LLC. 0002 1 APPEARANCES 2 COMMITTEE MEMBERS: 3 Kimberly Rogers 4 Tommy Duncan 5 Melodye Green 6 Veronica Uriegas 7 Will Martin 8 Jason Pohl 9 Emile Burgoyne 10 COMMISSION STAFF: 11 Michael P. Farrell, Director 12 Tyler Vance, Staff attorney 13 14 PUBLIC: 15 Kim Kiplin 16 Stephen Fenoglio 17 18 19 20 21 22 23 24 25 0003 1 TABLE OF CONTENTS 2 PAGE 1. Call to order. . . . . . . . . . . . . . . . . . . . . . 4 3 2. American Pledge. . . . . . . . . . . . . . . . . . . . . 4 4 3. Texas Pledge . . . . . . . . . . . . . . . . . . . . . . 4 5 4. Roll Call. . . . . . . . . . . . . . . . . . . . . . . . 4 6 5. Meeting Minutes from 5 November 2019 . . . . . . . . . . 5 7 a) Public comment 8 b) Approval 9 6. Report on Texas Lottery Commissioners meeting-Kimberly . 5 10 7. Discussion and possible recommendations on rules and 11 regulations regarding bills passed in 2019 Legislative 12 session (HB914) and quadrennial rule review . . . . . . . . 6 13 a) Public comment 14 8. Discussion and possible recommendations on BAC 15 nominations:. . . . . . . . . . . . . . . . . . . . . . . 17 16 a) Using a charity candidate nomination for General Public 17 Member 18 9. Any old business . . . . . . . . . . . . . . . . . . . 20 19 a) Public comment 20 10. Any new business. . . . . . . . . . . . . . . . . . . 20 21 a) Public comment 22 11. Set date for next meeting . . . . . . . . . . . . . . 22 23 12. Adjourn . . . . . . . . . . . . . . . . . . . . . . . 28 24 25 0004 1 P R O C E E D I N G S 2 THURSDAY, JANUARY 16, 2020 3 (10:00 a.m.) 4 AGENDA ITEM 1 5 MS. ROGERS: Good morning, ladies and 6 gentlemen. It’s now 10:00 a.m. and we need to call the 7 meeting to order. 8 AGENDA ITEMS 2 AND 3 9 MS. ROGERS: Number 2 is the American pledge. 10 If everyone would like to rise, we’ll say the American and 11 then the Texas. 12 (Pledges recited) 13 MS. ROGERS: Thank you. Thank you, Will. One 14 day we will all know the Texas pledge. 15 AGENDA ITEM 4 16 MS. ROGERS: Okay. Item 4 is roll call. So 17 we have Melodye? 18 MS. GREEN: Yes. 19 MS. ROGERS: Will. 20 MR. MARTIN: Here. 21 MS. ROGERS: Tommy? 22 MR. DUNCAN: Here. 23 MS. ROGERS: Jason? 24 MR. POHL: Here. 25 MS. ROGERS: Emile? 0005 1 MR. BOURGOYNE: Here. 2 MS. ROGERS: Veronica? 3 MS. URIEGAS: Here. 4 MS. ROGERS: And we are missing our 5 Chairperson Trace Smith. Unfortunately, he was not able to 6 make it, so I am Kimberly Rogers and I will be running the 7 meeting today. 8 AGENDA ITEM 5 9 MS. ROGERS: Okay. Item Number 5 was our 10 meeting minutes from November 5th, 2019. I briefly looked 11 through these. Did anyone have a comment in reference to 12 them? Any mistakes? Anything that needs to be fixed? No? 13 Okay. 14 Do I have a motion to approve these and post 15 them? 16 MR. MARTIN: So made. 17 MS. ROGERS: Okay. Will, that’s a motion to 18 approve. Do I have a second? 19 MR. DUNCAN: I’ll second them. 20 MS. ROGERS: Okay. Tommy’s second. All those 21 in favor? 22 (Chorus of “ayes”) 23 MS. ROGERS: All right. We accept them as 24 they are. 25 AGENDA ITEM 6 0006 1 MS. ROGERS: Number 6, report on Texas Lottery 2 Commissioner’s meeting. Trace called me once he left the 3 meeting. He said that everything went well. He -- all the 4 information that he gave to the Commissioners they were happy 5 with. 6 Michael, is there anything that you’d like to 7 add to that? 8 MR. FARRELL: No. 9 MS. ROGERS: Okay. 10 MR. FARRELL: There’s nothing to add to that. 11 MS. ROGERS: Okay. Okay. So everything was 12 good there. 13 AGENDA ITEM 7 14 MS. ROGERS: Number 7, discussion and possible 15 recommendations on rules and regulations regarding bills 16 passed in 2019 legislative session. House Bill 914 and 17 quadrennial rule review. So Michael, is that you? 18 MR. FARRELL: I’ve got something for that. 19 MS. ROGERS: Okay. 20 MR. FARRELL: But it’s also -- have to do with 21 the BAC’s rule review, the committee on the BAC that’s doing 22 the rule review. 23 MS. ROGERS: Okay. 24 MR. FARRELL: I just thought I’d pass along -- 25 I know some of you have seen -- this is Michael Farrell for 0007 1 the record. I know some of you have seen emails. I think 2 some of the items of interest, you know, we’re getting 3 questions of how do we calculate the allocation of prize 4 fees, does the charity need to contact the local government 5 about prize fees, if the conductor’s not notified by the 6 county municipality are they exempt from paying prize fees. 7 The City of Beaumont sent letters to 8 conductors in the jurisdiction notifying them that in 9 addition to the prize fees, Beaumont wants a 2 percent excise 10 tax in gross receipts. Can we do that? 11 City of El Paso has notified conductors 12 amongst other cities that they will forward quarterly report 13 forms to conductors when submitting prize fees. They also 14 told conductors that the first payment was due in April. 15 So El Paso’s creating its own form. 16 Dallas County notified organizations that the 17 Texas Lottery Committee (sic) is not getting any prize fees 18 and the whole amount should be sent to Dallas County. Some 19 of you have seen that letter and seen my response to the 20 letter. 21 The City of Houston has notified conductors 22 that they are to send 50 percent of the prize fees collected 23 to the City and the conductors were asking is this right? 24 The conductor from Dallas County; does the State get 75 25 percent of the prize fees? 0008 1 So generally for those -- those questions 2 we’ve been getting we go back to the message we sent to 3 people saying the Lottery Commission will only accept a check 4 for the exact amount due for the State’s share of prize fees, 5 which is either 50 or 100 percent collected depending upon 6 your collection. The Lottery Commission will return any 7 check received in an excess of that amount. 8 You’ll need to determine the allocation of 9 remaining prize fees collected and not remit it to the State. 10 Any issues concerning the payment of prize fees to local 11 governments will need to be coordinated through those 12 entities. We recommend seeking independent legal advice if 13 you have any questions concerning the allocation of prize 14 fees. And we tell them where they can email us or call us. 15 I will tell you that we are returning checks 16 and quarterly report forms, the ones we’ve received so far. 17 My best guess is we’re returning 50 percent of the ones we’ve 18 received. We haven’t received that many. I think we have 19 about 20, so we sent about 10 of them back. Old forms, 20 miscalculations, things like that. 21 Some other questions we’re getting is when do 22 conductors need to send the first allocation to the local 23 entities. A person from the county’s municipalities is when 24 they will receive their first allocation from conductors. 25 Question from municipality asking if conductor will send the 0009 1 municipality’s allocation directly to the municipality or to 2 the State for reallocation. 3 We submitted our notification but TL -- 4 Lottery Commission didn’t receive it; why can’t we still 5 collect prize fees from conductors in our jurisdiction? Why 6 are you sending the license to the county clerks office? 7 I’ve got one more. And things like that. 8 So it’s been a lot of fun answering questions. 9 MS. ROGERS: On those individuals that send in 10 quarterly reports, I’m just -- just a curiosity question. On 11 the ten and they miscalculate it and we send it back to them, 12 and they don’t get it back to you until after the 25th, are 13 they then -- it’s a penalty? 14 MR. FARRELL: That depends upon the situation. 15 There’s -- as you know in the BEA rules we can waive the 16 penalty, but we can’t waive the interest. So if -- generally 17 is we look at each case individually to ensure that -- how 18 it’s being done, why we can’t waive the interest, but -- and 19 that’s why we’re returning them really quickly, so that every 20 -- we don’t let them -- we’re not letting them sit very long. 21 MS. ROGERS: Gotcha. Members, do you have any 22 comments or questions following that? Except that’s a lot of 23 questions and thank you for filtering them, because -- do we 24 have any public comment on that issue? 25 Yes, sir. Please be sure to state your name. 0010 1 MR. VANCE: Sure. This is Tyler Vance, 2 Assistant General Counsel of the Legal Division of TLC. I 3 just wanted to mention the rule view of the quadrennial. 4 We’re aiming our -- or rather, we have to adopt this by the 5 April, April 9th Commission meeting. So of course, I 6 encourage y’all to submit any comments you have, the lawyers 7 in the room feel free to as well. We’d appreciate any input 8 we get, but one way or another we, as an Agency, have to 9 finalize this by April. So if we can get your input, 10 hopefully we can incorporate it or get some input now and 11 then maybe discuss it in the next BAC meeting, anything would 12 be great. 13 The things that we already have on our plate 14 for the rule review, for one example, the Governor’s office 15 sent all occupational licensing agencies a letter a couple 16 months ago asking us, among other things, to find a way to 17 reduce licensing fees, if possible, to at least 75 percent of 18 the national average. We’ve decided we’re going to do a 19 little bit better than that and we’re going to reduce 20 manufacturers’ and distributor’s licenses by 50 percent, so 21 manufacturers’ licenses will go down $3,000 to $1500 a year, 22 distributors will go from $1,500 a year and then we’re going 23 reduce lessor fees to the statutory minimum. Unlike the 24 other folks, lessors have their -- their minimum fees are set 25 in a statute, so we’re going to take it all the way down to 0011 1 that minimum, which is a reduction of 25 percent from the 2 current levels. Of course, that depends on whatever class 3 you’re in, but it’s across the board it will be 25 percent. 4 Other issues that I know Michael and I and 5 others have talked about are clarifying in the rules that 6 when an application is incomplete we’re just going to return 7 it. Right now it says that it’s denied and denial under the 8 law is a different process than and incomplete. In an 9 incomplete application, we can just send it back and say -- 10 you know, what usually happens, somebody submits an 11 application, it’s incomplete, Bingo sends them a letter 12 saying please submit complete information within 21 days and 13 if they don’t, currently we deny it and by denying an 14 application, it creates a whole set of rights and obligations 15 that we have to go through that. 16 We just feel it’s really unnecessary because 17 the application’s incomplete, it should just be returned to 18 to the applicant and they can turn right around the next week 19 and submit a complete one. There’s no penalty on them or 20 anything like that. Whereas, if your license is denied, I, 21 you know, you have to -- it’s a whole different process. So 22 we’re going to try to get that clarified and we’re also going 23 to clarify temporary suspension rules. 24 We never use this, and part of the reason we 25 don’t use this is that the rules aren’t very clear on it, so 0012 1 we need to -- we need to clarify some procedures and some 2 factors that go in to making a determination to temporarily 3 suspend a license. We’re allowed to under the Act, but the 4 Act says that we have to have rules in place that guide the 5 process and we don’t really have those. 6 So those three things; license fees, 7 incomplete applications and temporary suspensions, that’s 8 what we have on our radar for rule review, but again, we’d 9 appreciate any comments anybody’s got and feel free to 10 contact me or Michael or both of us, especially folks on the 11 BAC, but also anybody in the public that wants to comment on 12 it as well. 13 Any questions? 14 MS. ROGERS: Thank you. 15 MR. MARTIN: Anyone suggest this one yet? We 16 want to change that to where it can be redeemed for all 17 regulated bingo instead of just bingo game and because nobody 18 hardly does instant bingo, instant tabs. 19 MR. VANCE: Sure. Well, so those are changes 20 to the Act is what this is, so we can’t change the Act. 21 That’s for the legislature. 22 MR. MARTIN: Okay. 23 MR. VANCE: But if there’s anything in the 24 rules that’s related to these, we can change those. But I’ll 25 look at these. Do you need this? Do you need a copy of 0013 1 this? 2 MR. MARTIN: Here you go. 3 MR. VANCE: Okay. I’ll look at these and see 4 if there’s anything we can do in the rules, but what you’ve 5 got cited here are in the Act and I -- 6 MR. MARTIN: Okay. 7 MR. VANCE: -- we can’t change that, so. 8 MR. FARRELL: This is Michael Farrell, I’m 9 going to piggyback on what Tyler just said. The rule review 10 is 402, TAC 402. What -- he’s talking about the Act which is 11 the Bingo Enabling Act, which is 2001 in the occupation code. 12 We can’t -- that’s a law change and that has to be done by 13 the legislature. But the rules are the amplifying 14 information that help us enforce the law or enact the law. 15 So we have to be very careful. 16 Where you -- when you do your rule review, 17 you’re looking at 402, TAC 402. But if there’s a discrepancy 18 with that with the BEA or like Tyler said, if there’s 19 something in the BEA you want to change, that needs a 20 legislative. But if it’s in the rules, it can be changed and 21 it doesn’t contradict the BEA, we’re happy to look at it and 22 see if -- how this benefits the conductors and charities. 23 MS. ROGERS: Thank you. Any other questions? 24 MR. BOURGOYNE: Ms. Kimberly? 25 MS. ROGERS: Yes, sir. 0014 1 MR. BOURGOYNE: I apologize for missing the 2 last meeting, but didn’t we assign some committees to this 3 rule review process the meeting before that? And have there 4 been any of those committee meetings? Because I wasn’t 5 contacted for any of them. 6 MS. GREEN: We did -- I’m on the committee and 7 Will’s on the committee and Kim was on the committee, 8 Fenoglio and Sharon Ives. 9 MR. BOURGOYNE: I was just wondering. 10 MS. GREEN: Yeah. We have not had a formal 11 meeting together. We’ve been trying to go through the rules 12 review and the main thing on the rules review is to get rid 13 of the old rules, not to change rules; is that correct? 14 MR. VANCE: Well, it’s either or. 15 MS. GREEN: Change what needs to be changed. 16 MR. VANCE: It’s kind of -- it’s -- it comes 17 from the APA, the Administrative Procedure Act. The idea is 18 to look at your rules every four years and decide do we even 19 need these and if so, can they be changed. It’s kind of an 20 open look at everything. So while it’s open, now is the time 21 to change it. 22 MR. BOURGOYNE: To modernize them -- 23 MS. GREEN: Yes. 24 MR. VANCE: Things that need to go completely 25 or things that need to change, now is the time to do it, but 0015 1 we’re going to -- the goal is probably in the summer we’re 2 going to finalize the rule review in April and then come back 3 in the summer and propose whatever changes. So at that point 4 it’s easier to do it all at once than, you know, line by line 5 over years and years and years. So if there’s anything in 6 there that you guys would like changed, run it by us and ask 7 if I can do it. 8 MR. BOURGOYNE: I’ll give it to my 9 manufacturers and see if they have any suggestions if that 10 helps. 11 MS. ROGERS: Okay. Thank you. Is there any 12 public -- 13 MS. GREEN: Sorry to intrude, but I think 14 maybe the best thing to do in a subcommittee is appoint a 15 chair for the subcommittee. And maybe I missed the beat on 16 that and there is a chairperson. 17 MR. BOURGOYNE: I believe there is a chair for 18 the subcommittee, I just don’t remember who they were. Like 19 I said, it was done the meeting before last and I missed the 20 last meeting, so. 21 MS. GREEN: Yeah. 22 MS. ROGERS: I’m looking back at my notes and 23 I don’t see anything. I can go back through the ones I 24 typed, but do you remember who it was? 25 MS. GREEN: I don’t. They might have thrown 0016 1 it on top of me. 2 MR. BOURGOYNE: It was thrown on top of you, I 3 think. Yeah. I’m pretty sure. That’s why you remembered. 4 MS. ROGERS: Congratulations on -- 5 MS. GREEN: But -- and I had spoke to Kim 6 about trying to get together. We’re going to talk about the 7 next meeting time, correct, in a few minutes? 8 MS. ROGERS: Yes. 9 MS. GREEN: So maybe we do that and we can get 10 together a day before in Austin with you and Steve and you 11 know -- 12 MS. ROGERS: So go over again on this rule 13 committee we’re putting together, work group is what they’re 14 actually being called. You would like to chair? Thank you 15 so much. And who would you like to nominate to be on your 16 work group? 17 MS. GREEN: Kim Kiplin. 18 MS. ROGERS: Okay. 19 MS. GREEN: Steve Fenoglio. He’s not here. 20 He was present. 21 MR. BOURGOYNE: He’s right here. 22 MR. FENOGLIO: I’ll do it. I agreed before. 23 MS. GREEN: Yes. 24 MS. ROGERS: And was there somebody else? 25 MS. GREEN: There was Will. Did you want to 0017 1 be on, Will? 2 MR. MARTIN: Yeah, I’ll -- stick me on there. 3 MS. GREEN: Did you want to, Tommy? 4 MR. DUNCAN: Yeah. 5 MR. BOURGOYNE: Anything regarding 6 manufacturing issues, I’ll be on there. Other than that -- 7 MS. GREEN: We don’t know. 8 MS. ROGERS: Okay. And so -- then anyone else 9 has anything about rules, y’all, we would get with one of 10 y’all? Okay. Very good. 11 Is there any other further public comment in 12 referene to the rules, the rule review? No. Okay. 13 AGENDA ITEM 8 14 MS. ROGERS: Then at this time we’ll move on 15 to Number 8 and that’s discussion and possible 16 recommendations on BAC nominations using a charity candidate 17 for General Public Member. 18 Veronica and I both worked on this throughout 19 the holidays a couple times, one of us was sick and people 20 were a little difficult to get a hold of, but we did. We 21 found last time that when we talk to these nominees, we can 22 really get a feel for if they’re going to come, if they’re 23 going to participate. Doesn’t always work, but it helps out 24 sometimes. 25 We were able to get a hold of three of them, I 0018 1 believe, and the one person that kind of really stuck out to 2 us is Corey Harris out of Arlington, Texas. And I will pass 3 it now to Veronica to kind of tell you about because she 4 talked with him. 5 MS. URIEGAS: This is Veronica. So I briefly 6 had a conversations with Mr. Harris and it was over the 7 phone. I -- we had some predetermined questions that I asked 8 him and a few of them that stood out is just kind of finding 9 out what his background was regarding the Bingo. 10 So he has been involved with the Lions Club 11 for seven years and he is currently a treasurer. He was 12 previously a president. SO after discussions about what his 13 goals were, he told me that eventually that he would like to 14 be -- his goal was to be -- get a deeper understanding, a 15 more fundamental idea how the process works. He wants to get 16 to how the legislative decision process are working. 17 So he seemed very eloquent, very knowledgeable 18 about Bingo, very interested. He said he had a lot of time. 19 He is very flexible. He is a realtor out of Arlington. He 20 is mid-30s I would assume. He kind of something to that 21 effect. He’s got a couple of kids, but he’s very flexible 22 and very involved. He’d like to bring -- I think he brings a 23 younger perspective where, and I hate to say this, but we’re 24 all a little bit in the older generation, and he would bring 25 a new light to -- on our side where we’re trying to get 0019 1 younger people involved in the industry and I think it would 2 be a good benefit to have somebody like him. 3 MR. MARTIN: What organization was he with? 4 MS. ROGERS: The Lions Club. 5 MS. GREEN: Where does he play bingo? 6 MS. URIEGAS: He did not -- I did not ask him. 7 MS. ROGERS: I think it says on his 8 application. 9 MS. URIEGAS: Okay. 10 MR. MARTIN: What was your question? 11 MS. GREEN: What does it -- 12 MS. ROGERS: It just says the Lions Club. 13 MS. URIEGAS: And he’s in Arlington, so. 14 MR. BOURGOYNE: Did we invite him to here? 15 MS. URIEGAS: I did invite him. He was not 16 able to make it on such short notice because we just talked 17 to him, I think what was it, Tuesday, and but he would -- he 18 said if anybody would like to give him a call, he was very 19 flexible with his hours. I usually just text him and he 20 calls me or I call him right back. 21 So I can definitely give that information out 22 to anybody who would like to get a hold of him to ask him 23 some more questions. 24 MS. ROGERS: Okay. 25 MS. URIEGAS: I can pass on his information 0020 1 and he was very agreeable to that. I’ll get that to you. 2 MS. ROGERS: We’ll get that to you. So do we 3 have a motion to move forward to recommend this gentlemen to 4 the Commissioners? 5 MR. BOURGOYNE: I’ll do it. 6 MS. ROGERS: Okay. 7 MS. GREEN: Second. 8 MS. ROGERS: Emile and Melodye. All those in 9 favor? 10 (Chorus of “ayes”) 11 MS. ROGERS: Okay. Passed unanimously. I 12 guess I didn’t have to say all those opposed. Okay. 13 We will make the recommendation to the 14 Commissioners and then it will be up to them if they accept 15 him. Am I correct, Michael, on that? 16 MR. FARRELL: Yes. 17 MS. ROGERS: Okay. 18 AGENDA ITEM 9 19 MS. ROGERS: Number 9, any old business? 20 Members, do y’all have any old business that y’all would like 21 to discuss? No? Any public comment on old business? Okay. 22 AGENDA ITEM 10 23 MS. ROGERS: We’ll move on to number 10. Any 24 new business? 25 MR. MARTIN: Victoria County is now 100 0021 1 percent game room free and I was -- I don’t know who I need 2 to ask, but I would like to see -- does the Lottery keep 3 track of their sales by County or is it Districts or how does 4 it -- how do they do that? 5 MR. FARRELL: I’m not sure what you’re asking, 6 Will. 7 MR. MARTIN: Oh. Well, I’d like to see if 8 sale of scratch offs and lottery tickets in Victoria County 9 increases. 10 MR. FARRELL: I’m sure they keep track of it 11 that way, but I -- that’s not in my understanding. 12 MR. MARTIN: Anybody know? 13 MR. BOURGOYNE: Will, can you make an open 14 records request for that information? 15 MR. FARRELL: Most of the -- a lot of the 16 information is public record, both with Bingo and the 17 Lottery. So I would say if you can’t see it on the website, 18 make an open records request. 19 MR. MARTIN: Okay. All right. 20 MS. ROGERS: And you think that you might see 21 increase/decrease in Lottery due to the game rooms? 22 MR. MARTIN: Well, I think I handed this out 23 to everyone and -- 24 MS. ROGERS: Right. 25 MR. MARTIN: You know, in the first nine days 0022 1 of January, compared to the first nine days of December 2019, 2 our net deposit increased by 68 percent without game rooms 3 compared to the first nine days of January 2019, we had an 4 increase of 48 percent. And attendance-wise, from the first 5 nine days of January 2020 compared to the first nine days of 6 December 2019, our attendance increased by 54 percent. 7 Actually, it was -- you figure 18 sessions, we had 43 people 8 more in each session for 18 sessions as compared to the first 9 days of January 2019, we had an increase of 18 percent which 10 means 19 more people per session. So that’s a big jump for 11 us and I’d like to see if the Lottery scratch off and sales 12 were doing the same thing. 13 MR. FARRELL: I’ll let you know who to talk 14 to, Will, after the meeting. 15 MR. MARTIN: Okay. 16 MS. ROGERS: Okay. Well, thank you. That is 17 a huge increase. 18 MS. GREEN: Uh-huh. 19 MS. ROGERS: That is. Okay. Any other new 20 business; members? Public comment, any new business? This 21 is one short meeting. 22 MR. BOURGOYNE: It is. 23 MS. ROGERS: Goodness gracious. Okay. 24 AGENDA ITEM 11 25 MS. ROGERS: Our next item is Number 11, set 0023 1 the date for the next meeting. Michael, please tell me if 2 there’s -- I know you will if there’s a problem with it -- I 3 know it makes it easier on Trace if we do them back to back. 4 Is that not easy on -- 5 MR. FARRELL: When you schedule your meeting, 6 it’s not any more difficult for us, we just have to make sure 7 that the calendar is clear for the room. So if you’re 8 looking at saying the next meeting’s in February, the day 9 before -- the Wednesday before the Commission meeting, we 10 just have to double-check and make sure that this is 11 available. And doing it in the afternoon is just fine. 12 I don’t have next month’s, I can take a look, 13 but what I don’t -- I will adjust -- we will adjust our 14 schedules the best we can to accommodate the BAC. 15 MS. ROGERS: Thank you. I was looking more 16 towards April, not doing in February, because April is when 17 we have to -- that Commissioner’s meeting is when they have 18 to go forward with the rules, correct? 19 MR. VANCE: Sure. And again, the problem is 20 we’re going to have that -- 21 MR. MARTIN: He probably wants them in 22 February. 23 MR. VANCE: -- posted a week in advance, yeah. 24 MS. ROGERS: In case we have to change 25 anything. 0024 1 MR. VANCE: Yeah, I can’t change anything -- 2 MS. ROGERS: Right. Okay. 3 MR. VANCE: -- before -- because we provide a 4 copy to the Commissioners and they have to be able to read 5 it. 6 MS. GREEN: Do you have -- 7 MR. BOURGOYNE: That’d be March. 8 MR. VANCE: Yeah, that’d be fine, in March. 9 March would be much better. 10 MR. FARRELL: This is Michael Farrell. I 11 would just say my recommendation would be is if you want to 12 shift the BAC meetings to the day before the Commission 13 meetings, I would have one in March to -- things like the 14 rules and the like, and try to sort out how you’re going to 15 make sure everything gets done so you can present it to the 16 Commissioners. 17 One of the nice things about in-between is 18 you’ve got some time when you have a meeting that you can get 19 something done before the Commission meetings and you can 20 talk to the Commission, you have a discussion and get it 21 prepared. If you do it the afternoon before, I was going to 22 say is you’re -- the Commission meeting’s the next day, so 23 you may not have that luxury to talk. 24 MS. ROGERS: Right. 25 MR. FARRELL: But whatever day you choose, I 0025 1 say this this way. Whatever day you choose, we’ll do the 2 best to accommodate you and whatever date you want to have 3 the meeting. 4 MS. ROGERS: Appreciate it. So members, I 5 look to y’all for what would y’all like to do? 6 MR. DUNCAN: Well, it needs to be early March 7 if you want to try and get some rules changed. 8 MR. MARTIN: I agree. 9 MS. ROGERS: Okay. 10 MR. MARTIN: First or second week of March. 11 MS. ROGERS: Be careful with Spring Break in 12 there; not that we go on Spring Break, but -- 13 UNIDENTIFIED VOICE: That’s usually the third 14 week. 15 MS. GREEN: We don’t want to hit South by 16 Southwest. 17 MR. DUNCAN: The second week would be better. 18 MS. ROGERS: I don’t want to be near Austin 19 during South by Southwest. 20 MR. FARRELL: Spring Break is the -- between 21 like the 8th and the 22nd, depending on where you’re going. 22 So I would recommend you do it on the 5th of March or on the 23 26th of March. 24 UNIDENTIFIED VOICE: I agree. 25 UNIDENTIFIED VOICE: I agree. 0026 1 MS. ROGERS: We definitely -- yeah, we 2 definitely have to go that first week. So Tuesday’s the 3rd 3 and the 5th is Thursday. What time? 4 UNIDENTIFIED VOICE: I won’t be here the 5th. 5 MS. ROGERS: Okay. Anyone else? How about 6 the 3rd? Michael, the 3rd? 7 MR. MARTIN: That’s Super Tuesday. 8 MS. ROGERS: What the heck does that mean? 9 MR. MARTIN: Voting day. 10 UNIDENTIFIED VOICE: Early vote. 11 MS. ROGERS: Early vote. 12 MR. FARRELL: I would recommend if you’re 13 going to have it on the 3rd, right now this room is scheduled 14 for 10:00. If you want to do it in the afternoon, that’s 15 fine, like 1:00 or something. They’ll move it if we ask them 16 to, but I’d rather -- 17 MS. ROGERS: Not. 18 MR. FARRELL: -- not. 19 UNIDENTIFIED VOICE: What about the 4th? 20 MR. FARRELL: The 4th is fine as far as I can 21 see. 22 MR. DUNCAN: We can do the Wednesday the 4th 23 and have that meeting you’re talking about after 1:00 on the 24 Tuesday? Would that work? On the 3rd? 25 MR. MARTIN: I’d rather do it on the 4th. 0027 1 MR. DUNCAN: If you want to have it in this 2 room with the rules committee. 3 MS. ROGERS: The rules committee. We’re 4 talking about the rules committee meeting in the afternoon. 5 MR. FARRELL: How many people are coming? 6 MR. DUNCAN: They have to have an escort for 7 all that. 8 MR. FARRELL: Well, it’s -- we might be able 9 to let you use the conference room which is right around the 10 corner, and that fits six or eight people. 11 UNIDENTIFIED VOICE: Well, that’s all -- 12 MR. FARRELL: We’ve got rooms for you. Yeah, 13 we can provide you with space to -- if you want to meet, just 14 tell me when. 15 MS. ROGERS: So the rules committee would like 16 to do a meeting, that y’all will do a meeting on the 3rd, 17 right? 18 MR. DUNCAN: Yeah. 19 MS. ROGERS: And we’ll have our BAC meeting 20 March 4th. Do I have that correct? 21 MS. URIEGAS: Yes. 22 MR. POHL: At 10:00 a.m.? 23 MR. DUNCAN: 10:00 a.m. on the 4th? 24 MS. ROGERS: 10:00 a.m. on the 4th, in this 25 room. 0028 1 UNIDENTIFIED VOICE: And the rules committee? 2 MS. ROGERS: Kim Kiplin, Steve Fenoglio, you 3 good with that? 4 MR. FENOGLIO: Yes. 5 MS. ROGERS: Okay. 6 UNIDENTIFIED VOICE: And what time is the 7 rules committee? 8 MS. ROGERS: Melodye, what time? 9 MR. DUNCAN: We’ll email a time. It’s on the 10 3rd. 11 MS. ROGERS: They’ll contact everybody. 12 UNIDENTIFIED VOICE: The chairman will. 13 MS. ROGERS: Okay. 14 MR. FARRELL: I will -- I will also tell you 15 that it doesn’t necessarily have to be, you know, end at 4:00 16 if you want to do it later in the day, we can probably make 17 arrangements for that. 18 MS. ROGERS: Yeah. Thank you, Michael. 19 Okay. The next BAC meeting is set for March 20 4th in this room at 10:00 a.m. 21 AGENDA ITEM 12 22 MS. ROGERS: If that is everything, then this 23 meeting is adjourned. It is now 10:28. Thank you everyone 24 for coming. 25 (Meeting adjourned at 10:28 a.m.) 0029 1 C E R T I F I C A T E 2 STATE OF TEXAS ) 3 COUNTY OF HARRIS ) 4 I, Kimberly C. McCright, Certified Vendor and 5 Notary in and for the State of Texas, do hereby certify that 6 the above-mentioned matter occurred as hereinbefore set out. 7 I FURTHER CERTIFY THAT the proceedings of such were 8 reported by me or under my supervision, later reduced to 9 typewritten form under my supervision and control and that 10 the foregoing pages are a full, true and correct 11 transcription of the original notes. 12 IN WITNESS WHEREOF, I have hereunto set my hand and 13 seal this 26th day of January, 2020. 14 15 /s/ Kimberly C. McCright Kimberly C. McCright 16 Certified Vendor and Notary Public 17 Verbatim Reporting & Transcription, LLC 1322 Space Park Drive, Suite C165 18 Houston, Texas 77058 281.724.8600 19 20 21 22 23 24 25