Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.212Education and Experience Requirements for a License
ISSUE 12/07/2018
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Educational Requirements for a Real Estate Inspector License. To become licensed as a real estate inspector [or professional inspector,] a person must satisfy [:]

   [(1)the education and experience requirements outlined in §1102.108 and §1102.109 of Chapter 1102; or]

   [(2)the education requirements outlined in §1102.108 and §1102.109 of Chapter 1102 and the substitute experience requirements established by the Commission pursuant to §1102.111 in subsection (f) or (g) of this section.]

[(b)][A person may satisfy] the 90-hour education requirement for licensure [as a real estate inspector pursuant to subsection (a)(1) or (2) of this section] by completing the following coursework:

  (1)10 hours in foundations;

  (2)8 hours in framing;

  (3)10 hours in building enclosure;

  (4)10 hours in roof systems;

  (5)8 hours in plumbing systems;

  (6)10 hours in electrical systems;

  (7)10 hours in heating, ventilation, and air conditioning systems;

  (8)8 hours in appliances;

  (9)4 hours in Texas Standards of Practice;

  (10)4 hours in Texas Standard Report Form/Report Writing; and

  (11)8 hours in Texas Legal/Ethics.

(b)[(c)]Educational Requirements for a Professional Inspector License. To become licensed as a professional inspector, a person must [A person may] satisfy the 130-hour education requirement for licensure [as a professional inspector pursuant to subsection (a)(1) or (2) of this section] by completing [the following coursework:]

  [(1)]the courses required for licensure as a real estate inspector in subsection (a) [(b)] of this section; and

  (1)[(2)] 8 additional hours in Texas Standard Report Form/Report Writing;

  (2)[(3)] 8 additional hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title; and

  (3)[(4)] 24 additional hours in any qualifying [core] inspection subject(s).

(c)Experience Requirements.

  (1)[(d)] To meet the experience requirements for licensure [For the purpose of measuring the number of inspections required to receive a license] or to sponsor apprentice inspectors or real estate inspectors, the Commission considers an improvement to real property to be any unit capable of being separately rented, leased or sold, subject to the following restrictions:

    (A)[(1)] An inspection of an improvement to real property that includes the structural and equipment/systems of the unit constitutes a single inspection.

   [(2)Half credit will be given for an inspection limited to structural components only or to equipment/systems only.]

   [(3)No more than 80% of the inspections for which experience credit is given may be limited to structural components only or to equipment/systems components only.]

  [(4)][A report addressing two or more improvements is considered a single inspection.]

    (B)[(5)] The Commission may not give experience credit to the same applicant or professional inspector for more than three [complete or six partial] inspections per day. No more than three applicants may receive credit for the inspection of the same unit within a 30 day period, and no more than three apprentice inspectors may receive credit for an inspection of the same unit on the same day.

    (C)[(e)] [ For the purpose of satisfying any requirement that an applicant hold a license for a period of time in order to be eligible for a license as a real estate inspector or professional inspector, the Commission shall not give credit for periods in which a license was on inactive status.] An applicant for a real estate inspector license must have:

      (i)been licensed as an apprentice inspector on active status for a total of at least three months within the 12 month period before [prior to] the filing of the application; and[.]

      (ii)completed 25 inspections.

    (D)An applicant for a professional inspector license must have:

      (i)been licensed as a real estate inspector on active status for a total of at least 12 months within the 24 month period before [prior to] the filing of the application; and[.]

       (ii)completed 175 inspections.

(d)Substitute Experience Requirements for a Real Estate Inspector License.

  (1)[(f)] A person may satisfy the substitute experience requirements for licensure as a real estate inspector [pursuant to subsection (a)(2) of this section] as follows:

  [(1)][A person who does not have two years of experience as an architect, engineer, or engineer-in-training must:]

    (A)complete a total of 32 additional hours of qualifying [core] inspection coursework, which must include the following:

      (i)8 hours in Texas Standard Report Form/Report Writing;

      (ii)8 hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title;

      (iii)16 hours in any qualifying [core] inspection subject(s); and

    (B)complete [either]:

      (i)[complete] 20 hours of field work through ride-along inspection course sessions as defined in §535.213(g) [§535.218] of this title; [, except there may be up to 10 students per session] and

      (ii)12 hours of an approved interactive experience training module.[;]

       [(ii)complete 8 hours of field work through ride along inspection course sessions as defined in §535.218 of this title, except there may be up to 10 students per session and 30 hours of an approved interactive experience training module; or]

  (2)Exceptions. The Commission may award substitute experience credit to an applicant who has not met the additional qualifying course requirements under this subsection if:

    (A)the applicant:

      (i)[(iii)] has [have ] three years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property; and

      (ii)provides to the Commission [ provide] two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience; or[.]

    (B)[(2)] The applicant:

      (i)[A person who] has at least two years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training and has completed [must (A) complete a total of] 16 additional hours of qualifying [core] inspection coursework, which must include the following:

        (I)[(i)] 8 hours in Texas Standard Report Form/Report Writing; and

        (II)[(ii)] 8 hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title; and

      (ii)[(B)] submits [ submit] a license history from the regulatory agency that issued the license or registration documenting the period of practice as a licensed or registered architect, professional engineer, or engineer-in-training.

(e)Substitute Experience Requirements for a Professional Inspector License.

  (1)[(g)] A person may satisfy the substitute experience requirements for licensure as a professional inspector [pursuant to subsection (a)(2) of this section] as follows:

  [(1)[A person who does not have three years of experience as an architect, engineer, or engineer-in-training must:]

    (A)complete a total of 200 additional hours of qualifying [core] inspection coursework, which must include the following:

      (i)30 hours in foundations;

      (ii)30 hours in framing;

      (iii)24 hours in building enclosure;

      (iv)24 hours in roof systems;

      (v)16 hours in plumbing systems;

      (vi)24 hours in electrical systems;

      (vii)24 hours in heating, ventilation, and air conditioning systems;

      (viii)6 hours in appliances;

      (ix)8 hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title;

      (x)8 hours in Standard Report Form/Report writing; and

      (xi)6 hours in any core inspection subject(s); and

    (B)complete [either]:

      (i)[complete] 40 hours of field work through ride-along inspection course sessions as defined in §535.213(g) [§535.218] of this title;[, except there may be up to 10 students per session] and

      (ii)24 hours of an approved interactive experience training module.[;]

       [(ii)complete 16 hours of field work through ride along inspection course sessions as defined in §535.218 of this title, except there may be up to 10 students per session and 60 hours of an approved interactive experience training module;]

  (2)Exceptions. The Commission may award substitute experience credit to an applicant who has not met the additional qualifying course requirements under this subsection if:

    (A)the applicant:

      (i)(iii)has [have] five years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property;[,] and

      (ii)provides to the Commission [ provide] two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience; or[.]

    (B)[(2)] The applicant [ A person who] has:

      (i)at least three years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training, who [must: ] [(A)] has completed [complete] a total of 16 additional hours of qualifying [core] inspection coursework, which must include the following:

        (I)[(i)] 8 hours in Texas Standard Report Form/Report Writing; and

        (II)[(ii)] 8 hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in §535.218 of this title; and

      (ii)[(B)] submits [ submit] a license history from the regulatory agency that issued the license or registration documenting the period of practice as a licensed or registered architect, professional engineer, or engineer-in-training.

(f)[(h)] For purposes of this section:

  (1)"qualifying [core] inspection coursework" means course work on the subject matters listed in §535.213(e) of this title; and

  (2)"interactive experience training module" means education that provides regular and substantive interaction between the students and the instructor, either synchronously or asynchronously, and is delivered:

    (A)in-person to students in the classroom; or

    (B)through the use of one or more of the following technologies:

      (i)the internet;

      (ii)one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communications devices;

      (iii)audio conferencing; or

      (iv)video cassettes, DVDs, and CD-ROMs, if the cassettes, DVDs, or CD-ROMs are used in a course in conjunction with any of the technologies listed in subparagraphs (B)(i) through (B)(iii) of this paragraph.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 19, 2018

TRD-201804989

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: January 6, 2019

For further information, please call: (512) 936-3092



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