Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013 Page: 1,336
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to persons who are required to comply with the repeal as pro-
Comments on the proposal may be submitted to Kerri T. Galvin,
Deputy General Counsel, Texas Real Estate Commission,
P.O. Box 12188, Austin, Texas 78711-2188 or via email to
The repeal is proposed under Texas Occupations Code,
1101.151, which authorizes the Texas Real Estate Commission
to make and enforce all rules and regulations necessary for the
performance of its duties and to establish standards of conduct
and ethics for its licensees in keeping with the purpose and
intent of the Act to ensure compliance with the provisions of the
The statutes affected by this proposal are Texas Occupations
Code, Chapters 1101 and 1102. No other statute, code or article
is affected by the proposed repeal.
535.227. Standards of Practice: General Provisions.
535.228. Standards ofPractice: Minimum Inspection Requirements
for Structural Systems.
535.229. Standards ofPractice: Minimum Inspection Requirements
for Electrical Systems.
535.230. Standards ofPractice: Minimum Inspection Requirements
for Heating, Ventilation, and Air Conditioning Systems.
535.231. Standards ofPractice: Minimum Inspection Requirements
for Plumbing Systems.
535.232. Standards ofPractice: Minimum Inspection Requirements
535.233. Standards ofPractice: Minimum Inspection Requirements
for Optional Systems.
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 February 14,
Kerri T. Galvin
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 31, 2013
For further information, please call: (512) 936-3092
22 TAC 535.227 - 535.233
The Texas Real Estate Commission (TREC) proposes new
535.227 - 535.233, which would update and clarify the current
Standards and Practice (Standards) for real estate inspectors.
The new rules were previously proposed and published in the
November 23, 2012, issue of the Texas Register (37 TexReg
9281) but were withdrawn on February 12, 2013. The new
rules are being re-proposed following revisions made pursuant
to comments received after the previous publication. The
proposed rules make several non-substantive changes to the
Standards by making them easier to read and providing a
clearer understanding of what an inspector is and is not required
to inspect and report. In addition, the rules make several
substantive changes to the Standards to encourage a more
performance based approach to real estate inspections. The
new rules are proposed following a comprehensive review of
the Standards by the Texas Real Estate Inspector Committee,
an advisory committee of six professional inspectors and three
public members appointed by TREC. Both the substantive and
non-substantive revisions are recommended by the Committee.
The substantive changes to the Standards are as follows:
New 535.227(a) expands the current definition of "Accessible"
to clarify that an item is not accessible if the inspector has to
climb over obstacles to gain access to it; adds a definition for
"Component;" expands the current definition of "Inspect;" and
clarifies that an inspector is required to report deficiencies "as
specified by these standards of practice;" expands the defini-
tion of "Performance;" adds a definition for "Substantially com-
pleted;" and adds a definition for "Technically exhaustive." Sub-
section (b)(3) clarifies the intent and limitations of the Standards;
specifies that an inspector is not required to: inspect sub-surface
drainage systems; determine compatibility, product lawsuits, list-
ing, testing or protocol authority; determine the presence, ab-
sence or risk of "Chinese drywall;" determine the cause or source
of a condition; verify sizing efficiency or adequacy of a gutter or
downspout system; or light a pilot light.
New 535.228(a) amends current rule language relating to crawl
space ventilation and drainage to focus on the performance of
the item. It also removes and consolidates redundant exemplars
found in the current Standards. Subsection (b) amends current
rule language relating to grading and draining around the foun-
dation to focus on the performance of the item. Subsection (c)
removes the specific requirement that an inspector report as de-
ficient a roof covering that is not appropriate for the slope of the
roof. It also specifies that an inspector is not required to ex-
haustively examine all fasteners and adhesions. Subsection (d)
amends current rule language relating to attic space ventilation
to focus on the performance of the item. In addition to those
items currently required to be inspected relating to exterior walls
and windows, subsection (f) requires an inspector to report defi-
ciencies in weather-stripping, gaskets or other air barrier mate-
rials. It also specifies that an inspector is not required to provide
an exhaustive list of locations of deficiencies and water penetra-
tions. Subsection (j) removes the requirement that an inspector
report deficiencies in visible footings, piers, posts, pilings, joists,
decking, water proofing at interfaces, flashing, surfaces cover-
ings, and attachment points of porches, decks, balconies and
New 535.229(a) consolidates several redundant ground and
bonding items. It also removes the requirement that inspectors
report as deficient the absence of arc-fault circuit interrupters.
Subsection (b) requires an inspector to inspect installed carbon
monoxide alarms. The new rule updates the ground-fault circuit
interruption language and moves the doorbell language from its
current location under "appliances" to 535.229(b). It also re-
moves and consolidates redundant exemplars found in the cur-
rent Standards for switches and receptacles, and clarifies that
an inspector is not required to remove the covers of junction, fix-
ture, receptacle or switch boxes unless specifically required to
do so by the Standards.
New 535.230(a) clarifies the intent of the Standards regard-
ing heating equipment, including expanding the current rule lan-
guage relating to inadequate access and clearances, gas shut
off valves, and gas appliance connectors, to provide more speci-
ficity. The new rules require an inspector to report deficiencies in
38 TexReg 1336 March 1, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013, periodical, March 1, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth308911/m1/68/: accessed June 27, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.