The Texas Real Estate Commission (TREC) proposes amendments to 22 TAC §535.212, Education and Experience Requirements for a License, §535.213, Qualifying Real Estate Inspector Instructors and Courses, §535.218, Continuing Education Required for Renewal, and §535.223, Standard Inspection Report Form, in Subchapter R, Real Estate Inspectors.

The proposed amendments to Subchapter R reorganize and clarify the qualifying education, continuing education, and experience requirements for inspectors; remove unused provisions; allow inspectors to receive continuing education credit for courses applicable to inspectors that are taken to satisfy continuing education requirements for an occupational license issued by another Texas governmental body; and would allow inspectors to remove the TREC logo or substitute an inspector's logo in place of the TREC logo on the standard inspection report form. The proposed amendments are recommended by the Texas Real Estate Inspector Committee.

Kristen Worman, Deputy General Counsel, has determined that for the first five-year period the proposed amendments are in effect 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 no adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Worman also has determined that for each year of the first five years the amendments as proposed are in effect the public benefits anticipated as a result of enforcing the sections will be requirements that are easier to read and understand; additional options for inspectors to satisfy continuing education requirements; and flexibility when using the standard inspection report form.

For each year of the first five years the proposed amendments are in effect the amendments will not:

--create or eliminate a government program;

--require the creation of new employee positions or the elimination of existing employee positions;

--require an increase or decrease in future legislative appropriations to the agency;

--require an increase or decrease in fees paid to the agency;

--create a new regulation;

--expand an existing regulation;

--increase or decrease the number of individuals subject to the rule's applicability; or

--adversely affect the state's economy.

For each of the first five years the proposed amendments are in effect, the proposed amendments will repeal an existing regulation related to continuing education for inspectors that is no longer used.

Comments on the proposal may be submitted to Kristen Worman, Deputy General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188 or via email to general.counsel@trec.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102.

The statute affected by this proposal is Chapter 1102, Texas Occupations Code. No other statute, code or article is affected by the proposed amendments.