Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,670
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(d) An inspector must notify the commission within 10 days of
the cancellation or non-renewal of financial responsibility [professional
iaity.. insurance coverage, o any other insurance that provides cov-
erage forvioations of Subchapter G of Chapter 4102].
(e) An inspector must retain sufficient records of financial re-
sponsibility [professional liability insurance coverage or any other in-
siranee that provides eerage for vioations of Subhapter G ef Ghap-
ter 1 02 ] to document to the commission continuous coverage for the
preceding two year license period.
(f) The requirement that an inspector carry financial responsi-
bility [professional liability insurance or any other insurance that pre-
vides coverage for violations of Subchapter G of Chapter 402] does
not require coverage for violations wherein providing such insurance
coverage would be as against public policy.
535.216. Renewal of License.
(a) A person licensed by the commission under Chapter 1102
may renew the license by timely filing the prescribed application for
renewal, complying with the fingerprinting and TGSLC requirements
in 535.95 of this title (relating to Miscellaneous Provisions Concern-
ing License or Registration Applications or Renewals, Including Fin-
gerprinting Requirements), paying the appropriate fee to the commis-
sion and satisfying applicable continuing education requirements as re-
quired by Chapter 1102, and by 535.218 of this title (relating to Con-
tinuing Education), and providing to the commission proof of financial
responsibility as required by 1102.1141 of Chapter 1102 using a form
approved by the commission for that purpose. [professional liability
insurance or any other insurance that provides coverage for violations
of Subhapter ofhapter -- with a minimum limit of $14)0 000
per occurrence as required by t5352! of this title (relating to Profes-
sienal Liability Insurane) and 11 0220 3 of Ghapter 2 02 ]
(b) - (e) (No change.)
(f) A licensee who files a late application to renew a previous
license less than six months after the expiration of the license must do
so on a form approved by the commission for that purpose and is sub-
ject to the requirements of this section and Texas Occupations Code
1102.203. The commission shall renew the license in an active status
except as provided by this section. A license issued under this subsec-
tion is effective the day following the expiration of the previous license.
(g) To renew a license on active status without any lapse in ac-
tive licensure, an apprentice or real estate inspector must also submit
a Real Estate Apprentice and Inspector Sponsorship Form certifying
sponsorship for the period from the day after the previous license ex-
pired to the day the renewal license issued, and for the period beginning
on the day after the renewal license issued. The same inspector may be
the sponsor for both periods. The commission shall renew the license
on inactive status for the period(s) in which the apprentice or real estate
inspector was not sponsored.
(h) [(f)] If the license has been expired for six months or more,
the licensee may not renew but must file an original application to rein-
state the license and may not practice until the new license is received.
If the applicant for reinstatement has held a professional inspector or
real estate inspector license during the 24 months preceding the date
the application is filed, no examination is required.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 16, 2013.
TRD-201303422Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 29, 2013
For further information, please call: (512) 936-3092
22 TAC 535.212 - 535.214, 535.218
The Texas Real Estate Commission (TREC) proposes amend-
ments to 535.212, concerning Education and Experience
Requirements for a License; 535.213, concerning Approval
of Courses in Real Estate Inspection; 535.214, concerning
Providers of Real Estate Inspection Courses; and 535.218,
concerning Continuing Education.
The amendments are proposed to implement the relevant pro-
visions of House Bill (HB) 2911, 83rd Session, Texas Legisla-
ture, Regular Session (2013) and to implement a more compre-
hensive continuing education program for inspectors. The ef-
fective date of the relevant provisions of HB 2911 is September
1, 2013. In relevant part, HB 747 amended Texas Occupations
Code, Chapter 1102, regarding education requirements for pro-
fessional inspectors and substitute experience requirements.
The amendments to 535.212 increase the number of hours re-
quired for education for a professional inspector license by two
hours and change the specific requirements for substitute expe-
rience requirements for real estate and professional inspectors
by adding required interactive module hours and field work com-
ponent to be consistent with new statutory requirements. The
amendments also correct and clarify the language of the rule to
increase comprehension.
The amendments to 535.213 clarify that the rule applies to core
courses, define certain terms, clarify the qualifications for corre-
spondence course and increase the time frame that an applicant
cannot receive repeat credit for a course from two years to three
years.
The amendment to 535.214 clarifies that the rule applies to
providers of core education courses.
The amendments to 535.218 provide a process and require-
ments for approval of real estate inspector courses, providers
and instructors and set out requirements for the Texas Standards
of Practice/Legal /Ethics Update course and a ride along inspec-
tion course. The amendments also increase the time frame that
an applicant cannot receive repeat credit for a course from two
years to three years.
Kerri Lewis, Deputy General Counsel, has determined that for
the first five-year period the proposed amendments are in ef-
fect there will be no fiscal implications for the state or for units
of local government as a result of enforcing or administering the
sections. There is an anticipated impact on small businesses,
micro-businesses or local or state employment as a result of im-
plementing the sections as providers, instructors and courses
would have to be approved by the commission, which requires
payment of a fee as previously established by rule. There is an
anticipated economic cost to persons who are required to comply
with the proposed amendments as there could be an additional
cost to licensees for the required field work component for sub-
stitute experience requirements.
Ms. Lewis also has determined that for each year of the first five
years the sections as proposed are in effect the public benefit
anticipated as a result of enforcing the sections will be consis-38 TexReg 5670 August 30, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/84/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.