(a) The functions of the committee are as prescribed
by Chapter 1102.
(b) The committee consists of nine members appointed
by the commission as follows:
(1) six members who have been engaged in the practice
of real estate inspecting as professional inspectors for at least
five years before the member's appointment and who are actively engaged
in that practice; and
(2) three members who represent the public, who are
not registered, certified, or licensed by an occupational or regulatory
agency in the real estate industry.
(c) Appointments to the committee shall be made without
regard to the race, color, disability, sex, religion, age, or national
origin of the appointee.
(d) Inspector members of the committee serve staggered
six-year terms, with the terms of two inspector members expiring on
February 1 of each odd-numbered year. Inspector members may not serve
more than two full terms. Public members of the committee serve staggered
two year terms, with the term of one public member expiring on February
1 of each even-numbered year and the terms of two public members expiring
on February 1 of each odd-numbered year. Public members may not serve
more than three full terms. Initial appointments may be made for terms
shorter than six or two years, respectively, in order to establish
staggered terms. A member whose term has expired holds office until
the member's successor is appointed. If a vacancy occurs during a
member's term, the commission shall appoint a person to fill the unexpired
term.
(e) At a regular meeting in February of each year,
the committee shall elect from its members a presiding officer, assistant
presiding officer, and secretary.
(f) The commission may remove a committee member if
the member:
(1) does not have the qualifications required by subsection
(b)(1) of this section;
(2) cannot discharge the member's duties for a substantial
part of the member's term;
(3) is absent from more than half of the regularly
scheduled committee meetings that the member is eligible to attend
during each calendar year, unless the absence is excused by majority
vote of the committee; or
(4) violates Chapter 1102.
(g) If the administrator of the commission has knowledge
that a potential ground for removal exists, the administrator shall
notify the presiding officer of the commission that the potential
ground exists.
(h) The validity of an action of the committee is not
affected by the fact that it is taken when a ground for removal of
a committee member exists.
(i) The committee may meet at the call of a majority
of its members. The committee shall meet at the call of the commission.
(j) A quorum of the committee consists of five members.
(k) The committee shall conduct its meetings in substantial
compliance with Robert's Rules of Order.
(l) The secretary of the committee, or in the secretary's
absence, a member designated by the chairman, shall prepare written
minutes of each meeting and submit the minutes to the committee for
approval and for filing with the commission.
(m) The committee shall submit semiannual reports to
the commission on or before March 1 and September 1 of each year detailing
the performance of the committee. The commission may require the report
to be submitted on a form approved by the commission for that purpose.
The committee may submit its written recommendations concerning the
licensing and regulation of real estate inspectors to the commission
at any time the committee deems appropriate. If the commission submits
a rule to the committee for development, the chairman of the committee
or the chairman's designate shall report to the commission after each
meeting at which the proposed rule is discussed on the committee's
consideration of the rule.
(n) The committee is automatically abolished on September
1, 2019 unless the commission subsequently establishes a different
date.
|
Source Note: The provisions of this §535.206 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective December 30, 2007, 32 TexReg 9995; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective June 2, 2013, 38 TexReg 3347; amended to be effective November 21, 2013, 38 TexReg 8235 |