<<Back

Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.209Examinations

(a) Examinations for licensure.

  (1) The examination for a real estate inspector license and for a professional inspector license consists of a national part and a state part.

  (2) The Commission adopts the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors for the national portion of the examination. For the state portion of the examination, questions shall be used which measure competency in the subject areas required for a license by Chapter 1102, and which demonstrate an awareness of its provisions relating to inspectors.

  (3) Each real estate inspector applicant must achieve a score of at least 70% on the state portion of the examination. Each professional inspector applicant must achieve a score of at least 75% on the state portion of the examination. Examination results are valid for a period of one year from the date the examination is passed.

(b) Administration of examination. Except as otherwise required by Chapter 1102 or this section, examinations shall be conducted as provided by §535.57 of this title (relating to Examinations) . An applicant is eligible to take a qualifying examination for a license after the Commission has received evidence of completion of all education and experience required by this subchapter.

(c) Waiver of national portion of examination requirement. The Commission may waive the national portion of the examination of an applicant for a real estate or professional inspector license if the applicant:

  (1) currently holds an active real estate inspector license in another state or actively practices as a home inspector in compliance with the laws of another state; and

  (2) has passed the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors.

(d) If the applicant has not satisfied all requirements within one year from the time the commission accepted an application for filing, including passing both parts of the examination, the application is terminated and a new application is required.

(e) An examination is considered passed when an applicant has received a passing grade on both parts of the examination.

(f) An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the commission that the applicant has completed additional core education as follows, after the date the applicant failed the examination for the third time:

  (1) for an applicant who failed the national part of the examination, 32 hours;

  (2) for an applicant who failed the state part of the examination, 8 hours; and

  (3) for an applicant who failed both parts of the examination, 40 hours.

(g) Subsections (c) through (f) of this section expire on February 28, 2021.

(h) Exam Eligibility Effective March 1, 2021. The following eligibility requirements apply to applicant who takes the examination for licensure on or after March 1, 2021:

  (1) Before the applicant is eligible to take the national portion of the examination the applicant must submit evidence of completion of the following courses to the Commission:

    (A) Property and Building Inspection Module I;

    (B) Property and Building Inspection Module II;

    (C) Business Operations and Professional Responsibilities Module; and

    (D) Analysis of Findings and Reporting Module, if required for licensure under §535.214 of this title (relating to Education and Experience Requirements for Licensure).

  (2) Before the applicant is eligible to take the state portion of the examination, the applicant must submit evidence of completion of the following coursework to the Commission, if required for licensure under §535.214 of this title:

    (A) Texas Law Module;

    (B) Texas Standards of Practice Module; and

    (C) Texas Practicum.

  (3) If the applicant has previously passed the national portion of the examination, before the applicant is eligible to take the state portion of the examination, the applicant:

    (A) must submit evidence of completion of the required coursework as provided under this subsection (h)(2) of this section; and

    (B) is not required to complete coursework outlined under subsection (h)(1) of this section.

  (4) If the applicant fails the examination three consecutive times, the applicant may not apply for reexamination or submit a new license application unless the applicant submits evidence to the Commission that the applicant has successfully completed additional qualifying education after the date of the third failed examination, as follows:

    (A) for an applicant who failed the national part of the examination, Property and Building Inspection Module I or Property and Building Inspection Module II; or

    (B) for an applicant who failed the state part of the examination, Texas Law Module, or Texas Standards of Practice Module.

  (5) If if the applicant chooses to take the national portion and state portion of the exam separately, the national portion must be taken before the state portion of the exam.


Source Note: The provisions of this §535.209 adopted to be effective January 1, 2011, 35 TexReg 11693; amended to be effective September 9, 2012, 37 TexReg 7179; amended to be effective November 21, 2013, 38 TexReg 8235; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8249; amended to be effective August 31, 2020, 45 TexReg 6117

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page