Texas Attorney General Opinion: GA-0932 Page: 1 of 3
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ATTORNEY GENERAL OF TEXAS
May 18, 2012
Mr, Douglas E., Oldmixon Opinion No. GA-0932
Texas Real Estate Commission Re: Whether section 1102. 114 of the Texas Occupations
Post Office Box 12188 Code, which requires licensed real estate inspectors to
Austin, Texas 78711-2188 carry liability insurance, would be effective if no such
coverage were available (RQ-1015-GA)
Dear Mr. Oldmixon:
You ask two questions about sections 1102.114(3) and 1102.203(a) of the Texas Occupations
Code,' Section 1102.114(3) requires the Texas Real Estate Commission to issue a real estate
inspector's license to an applicant who, among other things, "offers proof that the applicant carries
liability insurance . . . to protect the public." TEX. OCC, CODE ANN, 1102,114(3) (West 2012).
Section 1102,203(a) provides that a "person may renew an unexpired license by ... providing proof
of liability insurance as required by Section 1102.114(3)." Id. 1102.203(a). You explain that
"there appear to be sufficient providers of [such coverage] in Texas today," but "a concern exists that
there may not be access to such coverage in the future." Request Letter at 1.
Your first question is, "Would the insurance described above still be required if every
insurance provider left the Texas market and no policy was available to satisfy the requirements of
Sections 1102. 114 and 1102.203(a) .. .?" Id. at 2. We begin our answer by reviewing the plain and
common meaning of the statute's text, State v. K.E W, 315 S.W.3d 16, 21 (Tex. 2010). Section
S102.203(a) states that an applicant is "required" to carry the insurance that section "1102.114(3)"
describes. TEX. OCC. CODE ANN. 1102.203(a) (West 2012). We neither found nor received
briefing purporting to find any statutory language or Texas court decisions that would exempt anl
applicant from carrying such insurance if it were unavailable. Therefore, sections 11 02.114(3) anid
1 102.203(a) require an applicant for a real estate inspector's license to earry the insurance that
section 1102.1 14(3) describes even if such insurance were unavailable. See Brown v. Mem'1 Vils.
Wauter Auth., 361 S.W.2d 453, 455 (Tex. Civ. App.-Houston 1962, writ ref'd n.re,) ("In
'Letter from Douglas E. Oldmnixon, Adm'r, Tex. Real Estate Comm'n, to the Honorable Greg Abbott, Tex. At' y
Gen. at 2 (Oct. 1I, 201 1), http://www.texasattorneygeneral.gov/opi ("'Request Letter").
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0932, text, 2012; (https://texashistory.unt.edu/ark:/67531/metapth275828/m1/1/: accessed April 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.