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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.218Continuing Education

(a) Effective September 1, 2011, continuing education for renewal of a real estate inspector or professional inspector license must include six hours of Texas Standards of Practice/Legal/Ethics Update.

(b) Effective January 1, 2014, the thirty-two hours of continuing education required for each renewal of a real estate inspector or professional inspector license must include:

  (1) twenty-four hours of core subjects as described in §535.213(e)(1) - (8), (11) and (12) of this title (relating to Approval of Core Courses in Real Estate Inspection), with a maximum of twelve hours on any one single subject; and

  (2) eight hours of Texas Standards of Practice/Legal/Ethics Update. The Texas Standards of Practice/Legal/Ethics Update is a non-elective course and must consist of the following coursework:

    (A) 4 hours of Standards of Practice;

    (B) 2 hours of Legal; and

    (C) 2 hours of Ethics.

(c) Except as provided by this section, the approval of real estate inspection continuing education providers, courses, and instructors will be conducted in the same manner as provided for real estate licensees under §535.71 of this title (relating to Approval of Providers, Courses, and Instructors) with references to real estate license or licensee to include inspector licensees, statutory references to Chapter 1101 to include the corresponding section applicable to inspectors in Chapter 1102, and references to legal and ethics update courses to include Texas Standards of Practice/Legal/Ethics Update for inspector licensees.

(d) Up to eight hours of continuing education credit per two year license period can be given to a licensee for ride along inspection course sessions. To receive continuing education credit for the course, the instructor of the course must submit a certification of completion of a ride along inspection session, within one week of completion of a ride along inspection session, on a form approved by the commission

  (1) The course, at a minimum, must:

    (A) consist of one full residential property inspection;

    (B) review applicable standards of practice and departure provisions contained in §§535.227 - 535.233 of this title (relating to Standards of Practice); and

    (C) have no more than two students per session.

  (2) The instructor of the course may:

    (A) review report writing;

    (B) deliver a notice regarding the ride along session on a form approved by the commission to the prospective buyer or seller of the home being inspected.

(e) Subsections (k) - (n) of §535.71 of this title do not apply to course approval or instructors of non-elective courses for inspectors. To be approved as an instructor of Texas Standards of Practice/Legal/Ethics Update, or as an instructor of a ride along inspection course, a person must have five years of active licensure as a professional inspector, and have:

  (1) performed a minimum of 200 real estate inspections as a professional inspector; or

  (2) three years of experience in teaching and/or sponsoring trainees or inspectors.

(f) Courses submitted for continuing education credit must be successfully completed during the term of the current license. The commission may not grant continuing education credit twice for a course with the same course content taken by a licensee within a two year period.

(g) Other than for correspondence courses or courses offered by alternative delivery methods, such as by computer, completion of a final examination is not required for a licensee to obtain continuing education credit for a course.

(h) A professional inspector or real estate inspector who fails to renew a license that is subject to continuing education requirements and who files an application for reinstatement within two years after the previous license has expired must provide evidence satisfactory to the commission that the applicant has completed any continuing education that would have been required for timely renewal of the previous license.

(i) Providers may request continuing education credit be given to instructors of real estate inspection courses subject to the following guidelines.

  (1) The instructors may receive credit for only those portions of the course which they teach.

  (2) The instructors may receive full course credit by attending all of the remainder of the course.

  (3) Instructors of ride along inspection course sessions may only receive up to 8 hours of continuing education credit for teaching the course per two year license renewal period.

(j) The commission will not grant partial credit to an inspector who attends a portion of a course.

(k) Presentation of courses, advertising, record keeping, compliance and enforcement for inspector continuing education courses will be conducted in the same manner as provided for real estate licensees under §535.72 and §535.73 of this title (relating to Presentation of Courses, Advertising and Records; and Compliance and Enforcement).


Source Note: The provisions of this §535.218 adopted to be effective February 11, 1992, 17 TexReg 680; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective September 15, 1994, 19 TexReg 6915; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective June 27, 2002, 27 TexReg 5521; amended to be effective May 11, 2004, 29 TexReg 4487; amended to be effective December 29, 2005, 30 TexReg 8693; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective November 29, 2012, 37 TexReg 9366; amended to be effective November 21, 2013, 38 TexReg 8237

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