Friday, August 14, 2020

MY FOLLOW-UP LETTER TODAY ON THE TEXAS REAL ESTATE COMMISSION's VERY PROMPT REPLY TO MY AUGUST 14, 2020, PUBLIC-INFORMATION REQUEST FOR THAT AUSTIN-BASED STATE GOVERNMENT OF TEXAS AGENCY



My follow-up letter today in regard to the very prompt response I received today from the Austin-based Texas Real Estate Commission state agency on my August 14, 2020, e-mail public-information request to that State Government of Texas agency: 

----- Forwarded Message ----- 
From: John McMillan <mcmillanj@att.net>
To: State Senator Sarah Eckhardt 2020 <sarah.eckhardt@senate.texas.gov>; and numerous other e-mail recipients.
Sent: Friday, August 14, 2020, 10:40:38 PM CDT 
Subject: Fw: PIR_McMIllan (NO RESPONSIVE RECORDS) 

August 14, 2020 
Dear Government Officials, Law-Enforcement Officers, Civic Leaders, and Cultural Leaders, 

Please note that the Texas Real Estate Commission (TREC) state agency sent me a reply letter (below) today which stated that the TREC does not have any document responsive to my August 14, 2020, e-mail public-information request, the first few paragraphs of which are as follows: 
"This is a Texas Open Records request in which I seek to obtain from you a copy of any and all written communications, including e-mail communications, reports, and typed or printed legal documents, that refer at least once in any manner to myself, John Kevin McMillan of Austin, and that were received or written or produced or e-mailed or sent or mailed or FAXed at any time since 12:01 a.m.. April 28, 2011, by an administrative staff member, official, peace officer, building security officer, or other staff member employed in your TREC state agency headquarters offices who fit or currently fits any of the following three descriptions: 
---they have been or were or are officially licensed by the State Government of Texas as a certified peace officer; 
---they have or had the assigned official job duty of protecting the security and safety of on-duty TREC employees or visitors to your state agency headquarters offices; 
---they have or had the assigned job duty of serving as an official TREC contact person for Texas Department of Public Safety peace officers or other law-enforcement officers stationed in the State Capitol complex area section of downtown Austin...." 

Sincerely and Best Wishes, 
public-information requestor and longstanding criminal-law complainant and self-identified-continuous-and-continuing-daily-and-year-round-and-multi-year-alleged-personal-injury-crimes-and-sex-crimes victim John Kevin McMillan. 
My solo-occupancy (myself, only) and always-bolt-locked-and-fully-locked efficiency-apartment rental-housing unit home address ever since June 21, 2019: 
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Bldg. 17, Austin, TX 78753. 
Home phone: (512) 342-2295. Cell phone: (512) 993-7305. 
Blog: http://www.johnkevinmcmillan.blogspot.com 

----- Forwarded Message ----- 
From: Public Information <public.information@trec.texas.gov> 
To: John McMillan <mcmillanj@att.net> 
Sent: Friday, August 14, 2020, 12:47:30 PM CDT
 Subject: RE: PIR_McMIllan (NO RESPONSIVE RECORDS) 
Re: Public Information Request – 20200814.1 

Mr. McMillan, 
We have received your request under the Texas Public Information Act, Tex. Gov. Code § 552.001 et. seq. dated August 14, 2020. After searching our database and master files, we could not locate any records or documents responsive to your request. Please feel free to contact our office if you have any questions or concerns. 

Sincerely, 
Dione Frederick Public Information Officer 
Texas Real Estate Commission Texas Appraiser Licensing and Certification Board
(512) 936-3652 

_____
From: John McMillan <mcmillanj@att.net>
Sent: Friday, August 14, 2020 1:20 AM 
To: Public Information <public.information@trec.texas.gov>; State Senator Sarah Eckhardt 2020 <sarah.eckhardt@senate.texas.gov>; campaign@saraheckhardt.com; and numerous other cited e-mail recipients.
 Subject: 8-14-20 PIR re: TREC Safety/Security Employees and me 
From: John Kevin McMillan, public-information requestor. 
My home address ever since June 21, 2019: Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Building 17, Austin, TX 78753. 
Home phone number: (512) 342-2295. Cell phone number: (512) 993-7305. 
Blog: http://www.johnkevinmcmillan.blogspot.com 

August 14, 2020 
To: Public Information Officer, 
Texas Real Estate Commission (TREC) state agency, 
State Government of Texas, Stephen F. Austin Building, 1700 N. Congress Ave., Suite 400 Austin, TX 78701 
public.information@trec.texas.gov 
Office phone: (512) 936-3000 Office FAX: 512-936-3798 

Dear Public Information Officer for the TREC, 

This is a Texas Open Records request in which I seek to obtain from you a copy of any and all written communications, including e-mail communications, reports, and typed or printed legal documents, that refer at least once in any manner to myself, John Kevin McMillan of Austin, and that were received or written or produced or e-mailed or sent or mailed or FAXed at any time since 12:01 a.m.. April 28, 2011, by an administrative staff member, official, peace officer, building security officer, or other staff member employed in your TREC state agency headquarters offices who fit or currently fits any of the following three descriptions: 

---they have been or were or are officially licensed by the State Government of Texas as a certified peace officer; 
---they have or had the assigned official job duty of protecting the security and safety of on-duty TREC employees or visitors to your state agency headquarters offices;
---they have or had the assigned job duty of serving as an official TREC contact person for Texas Department of Public Safety peace officers or other law-enforcement officers stationed in the State Capitol complex area section of downtown Austin. 

This public-information request from me was prompted by a very surprising rejection letter (farther below) I received on February 26, 2020, from a highly-regarded attorney for your State of Texas agency. That rejection letter has prompted me to wonder whether any official of your state agency may have been unaware that I myself am honorable and law-abiding. 

Through this public-information request, I seek to obtain factual information in regard to whether any official or staff member of your state agency has possibly maintained in writing that I myself posed a possible perceived direct or indirect alleged "security risk" or a possible perceived direct or indirect alleged "safety risk" to your state agency or to any of your employees. 

I myself am consistently law-abiding, gainfully-employed, honest, and permanently-drinking-alcohol-free, and I DO NOT have any criminal-conviction record. In fact, I am a former full-time employee of the Texas Department of Public Safety's Motor Carrier Bureau along Guadalupe Street in north Austin. 

My legal name is John Kevin McMillan. I am a native of Lincoln, Nebraska; I was born there on April 27,1957. I have resided in Austin proper ever since mid-March 1997, during which time I have been employed by a variety of reputable employers, including the Texas DPS. 

My primary personal e-mail address of "mcmillanj@att.net" and my primary personal home phone number of (512) 342-2295 have each remained the same throughout the entire nine-and- one-third-year period applicable to this public-information request. 

During the nine-and-one-third-year period applicable to this public-information request, I have resided at the following respective locations in Austin, listed chronologically from oldest address for me to most recent address: ---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Austin, TX 78759; ---Crossland Economy Studios, 12621 Hymeadow Road, Apt. 133, Austin, TX 78729; ---Village Oaks Apartments, 10926 Jollyville Road, Apt. 902, Austin, TX 78759; ---Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759; ---Austin Motor Inn, 11400 North Interstate Highway 35, a first-floor room, Austin, TX 78753; and ---Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Bldg. 17, Austin, TX 78753.

 I myself am the founder and only approved current member of a new and non-Christian non-proselytizing "Honor Society" religion, the anti-marijuana, anti-medical-marijuana, anti-illicit-drugs, anti-tobacco, anti-drinking-alcohol, anti-tattoos, anti-profanity-minded, anti-facial-hair-minded "Progressive Prohibitionist Religion", that has very stringent membership-eligibility requirements. That one total religion of mine opposes home-invasion crimes, opposes personal-injury-crimes, opposes sexual assault crimes, opposes the sex crime of pederasty, opposes the infliction of profanity or obscene speech on anyone in a context that violates their own privacy rights, opposes anonymous communications that violate the privacy of the person being subjected to those communications, opposes fraudulent or knowingly dishonest communications, opposes thought-control projects, opposes so-called "deprogramming" projects, opposes kidnappings, opposes hostage-takings, opposes compelled speech that violates the privacy rights of the individual being subjected to that compelled speech against his wishes, and opposes deliberate infliction of continuous noise pollution on anyone in a context that harms that individual's own medical health or that is aimed at punishing him or her for having political or religious or personal beliefs---or personal prejudices, even---that are disliked or opposed by the perpetrators or sponsors of that noise pollution. Numerous current or former Central Texas residents have stated to me over a multi-year period that they either dislike or intensely dislike or question the authenticity of my own fully-independent "Progressive Prohibitionist Religion" (PPR). 

Around the turn of the century I gave several televised speeches on behalf of that religion of mine on local Community Access Television in Austin. One younger Central Texan man around the turn of the century left a violent-sounding and obscene anonymous recorded phone message on my telephone-answering machine inside my rental-apartment unit near UT-Austin---a recorded phone message in which he volunteered that he himself is "Catholic". In his recorded message to me, he stated that he was reacting to one or more locally televised speeches of mine that I gave on behalf of my PPR religion. 
___________ 
To assist your State of Texas agency in your official response to this public-information request, I am hereby providing you with the following February of 2020 legal correspondence of mine with two respective highly-esteemed attorneys for your State of Texas agency in downtown Austin: 

From: John McMillan 
To: Margaret Moore ; catherine.johnson@austintexas.gov ; and numerous ot her cited e-mail recipients.
Sent: Thursday, February 27, 2020, 06:00:53 PM CST 
Subject: Fw: 2-20-20 request for contact information for owner
February 27, 2020 
Dear Highly-Esteemed Government Officials, I have today for the first time read the following Feb. 26-dated e-mail request (below) from an attorney for the Austin-based Texas Real Estate Commission (TREC) state agency, and effective immediately I will of course fully honor that attorney's written request of me. 
I need to explain that when I quickly read that note from the attorney earlier today for the first time, I assumed that TREC attorney W. Kenneth Herring was requesting that I refrain from sending any more to e-mails specifically to "enforcement@trec.texas.gov"-----the official e-mail address for the TREC's Enforcement Services office in Austin. 

Based on that assumption, I did today send one total courtesy carbon-copy to the main e-mail address for the TREC-----"information@trec.texas.gov". 

After this evening re-reading the e-mail reply note to me from Mr. Herring, I now realize that Mr. Herring was also apparently requesting that I refrain from sending any additional e-mails of any type to ANY office of his State Government of Texas agency. 

Sincerely and Best Wishes,
longstanding criminal-law complainant and longtime-apartment tenant John Kevin McMillan of Austin, Texas. 
Home address: Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753. Home phone: (512) 342-2295. Cell phone: (512) 993-7305. 

----- Forwarded Message ----- 
From: Enforcement 
To: John McMillan 
Sent: Wednesday, February 26, 2020, 10:56:33 AM CST
Subject: RE: 2-20-20 request for contact information for owner 

Please remove TREC from this email stream. 

W. Kenneth Herring 
Staff Attorney Standards & Enforcement Services 
Texas Real Estate Commission
___ 
From: John McMillan 
Sent: Tuesday, February 25, 2020 11:47 PM 
To: CSinfo@tcadcentral.org; Enforcement ; Margaret Moore ; and numerous other cited e-mail recipients.
Subject: Re: 2-20-20 request for contact information for owner 
February 25, 2020 

Dear Officials for the Travis County Central Appraisal District in Austin, Texas,

 I received a recent reply e-mail letter (below) from a polite female attorney for the Texas Real Estate Commission state agency that directly referred to your government agency. 

That reply letter to me from Ms. Beverly Rabenberg cites purportedly up-to-date and factual online property-ownership information that is currently being provided to the general public by your very influential Travis County Government-affiliated government agency. 

This is a follow-up note to politely ask you if your Travis County Government-affiliated agency is currently aware that Mr. Rudy Belton---the individual currently cited online at your official website as himself being the "current" official agent for the owner of the Pebble Creek Apartments where I am currently residing as the official rent-paying tenant in a solo-occupancy efficiency unit at 8805 North Plaza Drive in north Austin---died four and one-half years ago? 

The link to his obituary in the "Austin American-Statesman: is as follows: https://www.legacy.com/obituaries/statesman/obituary.aspx?n=rudy-dean-belton&pid=175820545&fhid=5106 

I would appreciate receiving a helpful reply letter from your Travis County Appraisal District that kindly provides me with the current name and current address and, if applicable, current phone number of the CURRENT agent for the owner of Pebble Creek Apartments, 8805 North Plaza Drive, in north Austin. 

Sincerely and Best Wishes,

John Kevin McMillan. 
My home address ever since June 21, 2019: Pebble Creek Apartments, 8805 North Plaza Drive, Apt., 2418, Austin, TX 78753. My home phone: (512) 342-2295, My cell phone: (512) 993-7305. E-mail: mcmillanj@att.net\
 ______ 
On Monday, February 24, 2020, 09:31:33 AM CST, Enforcement <enforcement@trec.texas.gov> wrote: 

Mr McMillan: 
The Texas Real Estate Commission is the licensing and disciplinary agency for real estate license holders and enforcements the provisions of The Real Estate License Act and the Rules of the Commission. 

On-site managers of apartment complexes are exempt from the real estate licensure requirements pursuant to Section 1101.005(7) of the License Act and the Commission has no jurisdction over them. Whether there are any other laws that apply to them, we do not know, and would direct you to talk with a private attorney, or consider contacting the Austin Tenants Council at (512) 474-1961. 

That being said, an online search of the Travis Central Appraisal District records shows the owner of the property at 8805 North Plaza, Austin, 78752 as Pebble Creek Babay, Ltd., c/o Rudy Belton, 505 East Huntland Drive, Suite 530, Austin TX 78752-3760. 

Thank you for your inquiry. 
Beverly Rabenberg 
Beverly S. Rabenberg 
Attorney 
Texas Real Estate Commission
Standards & Enforcement Services 
P.O. Box 12188 Austin, TX 78711-2188 
512-936-3005 512-936-3809 Fax
Excellent customer service is our goal. Please offer your feedback. 
_______ 
From: John McMillan <mcmillanj@att.net>
Sent: Friday, February 21, 2020 10:09 PM 
To: Enforcement <enforcement@trec.texas.gov>; and numerous other cited e-mail recipients.
Subject: Fw: 2-20-20 request for contact information for owner 

February 21, 2020 

Dear First-Rate Attorneys for the Texas Real Estate Commission state agency in Austin, 

I would like to thank the very helpful female staff member for your State of Texas agency who volunteered your official e-mail address to me on the telephone this morning after I explained to her the unexpected barrier I have faced in my polite attempt at obtaining contact information for the current owner of my current apartment complex where I'm a rent-paying official tenant in north Austin. 

Below, please find the very unexpected reply letter I received yesterday from the immediate supervisor of my polite General Manager here at Pebble Creek Apartments, with an abbreviated version of that reply letter also being provided by me directly below here: 

----- Forwarded Message ----- 
From: Cecil Domel <cecil@belcoequities.com> 
To: John McMillan <mcmillanj@att.net> Cc: Juan Acosta <manager@pebblecreekapartments.net>
Sent: Thursday, February 20, 2020, 02:05:59 PM CST 
Subject: RE: 2-20-20 request for contact information for owner 
"Hi John,
"I am sorry but our privacy policy will not allow us to give you the information you are requesting...."
 __ 
I myself am an official rent-paying tenant here at Pebble Creek Apartments, 8805 North Plaza Drive, in north Austin. I would like to respectfully raise the question of whether a management team for an apartment complex in Austin, Texas, has the legal right under state law to decline to provide a rent-paying official tenant (that's me) with the name and address and office phone number for the owner of the apartment unit or apartment building in which that tenant is residing.

I might add that I am the ONLY official tenant and ONLY approved official occupant cited on my current 12-month signed and official lease agreement with this gated and large apartment complex in north Austin. I hope to hear from you soon. 

Sincerely and Best Wishes, 
John Kevin McMillan. 
Home address ever since June 21, 2019: Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (a solo-occupancy efficiency apartment unit in Building 17), Austin, TX 78753. Home phone: (512) 342-2295. Cell phone: (512) 993-7305. 
______________ 
----- Forwarded Message ----- 
From: John McMillan <mcmillanj@att.net> 
To: information@trec.texas.gov; Texas Rangers Division of DPS <rangers@dps.texas.gov>; and numerous other cited e-mail recipients
Sent: Thursday, February 20, 2020, 04:24:44 PM CST 
Subject: Fw: 2-20-20 request for contact information for owner 

A respectful FYI to each of you on the very surprising reply letter I received today from the immediate supervisor of my polite General Manager, General Manager Juan Acosta, here at Pebble Creek Apartments, 8805 North Plaza Drive in north Austin. 

I am the only official tenant and only approved occupant on my current 12-month lease agreement for my current apartment unit, Apartment 2418, here at Pebble Creek Apartments. 

I decided to share this update information with each of you because this is the very first occasion I can recall in which I have been informed in writing that I am denied contact information by the management team for my apartment complex in regard to the owner of my apartment unit where I was myself residing at that time as a rent-paying official tenant. 

I would appreciate any suggestions or advice from any of you in regard to this surprising development for me today at my current apartment complex in north Austin.

I might add that I would welcome any reply note from any of you on any aspect of this.

Sincerely and Best Wishes, 
John Kevin McMillan, longstanding criminal-law complainant in Alleged Continuous-and-Continuing-Daily-and-Year-round Personal-Injury-Crimes-and-Sex Crimes and Possible Alleged Human-Trafficking-and-Sex-Trafficking Case 16-1340923. 
My home address ever since June 21,2019: Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (in Building 17), Austin, TX 78753. Home phone: (512) 342-2295. Cell phone: (512) 993-7305. 
____________ 
----- Forwarded Message ----- 
From: Cecil Domel <cecil@belcoequities.com> 
To: John McMillan <mcmillanj@att.net> Cc: Juan Acosta <manager@pebblecreekapartments.net> 
Sent: Thursday, February 20, 2020, 02:05:59 PM CST 
Subject: RE: 2-20-20 request for contact information for owner 

Hi John, I am sorry but our privacy policy will not allow us to give you the information you are requesting. You are more than welcome to ask the office to put in a work order so can investigate any possible entrances into your apartment.
 ________ 

From: John McMillan <mcmillanj@att.net> 
Sent: Thursday, February 20, 2020 1:04 PM 
To: Cecil Domel <Cecil@Belcoequities.com>; Juan Acosta <Manager@pebblecreekapartments.net> 
Subject: 2-20-20 request for contact information for owner
 February 20, 2020
 Dear Cecil, 
Juan Acosta, the polite general manager here at Pebble Creek Apartments, has informed me on the telephone today (during a phone call he made to my landline phone number of (512) 342-2295, at about 12:42 p.m.) that I may write to you directly in order to obtain from you the contact information I need for the owner of my rental-apartment unit, Apartment 2418. 

I might also add at this time that I will also need contact information from you for the owner of Building 17, the multi-unit apartment building in which I am currently residing as an official rent-paying tenant and only approved occupant inside my current solo-occupancy efficiency apartment unit. 

Juan Acosta mentioned to me today that you are his immediate supervisor, and you are the appropriate person for me to send an e-mail to in order to myself obtain contact information for the owner of my apartment unit, Juan indicated. 

I plan to inform the owner of my apartment unit, and the owner of Building 17 or the owner of any unit in Building 17 that abuts my own unit, for that matter, that I have some security concerns relating to my current apartment unit. 

I also plan to ask the owner whether he or she or they are aware of any possible point of entry into my apartment unit other than my front door, my sliding glass door, and the window that leads into my kitchen.

I always keep all of the three total management-team-cited possible points of entry into my current rental unit bolt-locked (if applicable) or locked and fully secured at all times. 

Thank you in advance, Cecil, for your helpful reply letter to me on this. 

Sincerely and Best Wishes, 
John Kevin McMillan, the only official rent-paying tenant ever since June 21, 2019, in Apartment 2418 at Pebble Creek Apartments, 8805 North Plaza Drive, in north Austin. I am on a 12-month, management-team-approved and signed lease agreement for my efficiency apartment unit. Home phone: (512) 342-2295. Cell phone: (512) 993-7305.

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