(a) For the purposes of this section, an "inactive" inspector
is a licensed professional inspector, real estate inspector, or apprentice
inspector who is not authorized by law to engage in the business of performing
real estate inspections as defined by Texas Civil Statutes, Article 6573a, §23,
(the Act), and who has been placed on inactive status by the commission for
any of the following reasons:
(1) the written request of the inspector to be placed on inactive
status;
(2) termination of sponsorship by a professional inspector;
(3) the death of the inspector's sponsoring professional inspector;
(4) the failure of the licensee to satisfy continuing education
requirements for an active license; or
(5) the expiration, suspension, or revocation of the license
of the inspector's sponsoring professional inspector.
(b) To be placed on inactive status by request, an inspector
must do the following:
(1) apply to the commission on a form approved by the commission
for that purpose, or by a letter containing the inspector's name, license
number and current mailing address;
(2) if the inspector is a licensed professional inspector,
confirm in writing that the inspector has given any real estate inspectors
or apprentice real estate inspectors sponsored by the inspector written notice
that the inspector will no longer be their sponsor at least 30 days prior
to filing the request for inactive status; and
(3) return the inspector's license certificate to the commission.
(c) A professional inspector who has been placed on inactive
status may apply to the commission for return to active status on a form approved
by the commission. A professional inspector may apply on a form approved by
the commission to sponsor an apprentice inspector or real estate inspector
who has been on inactive status. The commission may not return an inspector
to active status or issue a license certificate to the inspector unless the
inspector has completed within one year prior to the filing the request for
return to active status any applicable continuing education courses required
for renewal of the type of license held by the inspector or satisfied the
continuing education requirements in order to obtain the current license.
(d) An inspector who applies to renew a license and pays the
applicable fee but who fails to complete any continuing education required
by the Act as a condition of license renewal shall be placed on inactive status
by the commission. The inspector must comply with the requirements of this
section in order to return to active status.
(e) If a professional inspector terminates the sponsorship
of an apprentice real estate inspector or real estate inspector, the license
of the apprentice inspector or real estate inspector becomes inactive. The
apprentice real estate inspector or real estate inspector must be sponsored
by a professional inspector in order to return to active status.
(f) Inactive inspectors may not perform inspections. Performance
of inspections while on inactive status is grounds for disciplinary action
against the inactive licensee. An professional inspector who has been placed
on inactive status may not return to practice or sponsor apprentices or inspectors
until the professional inspector has completed applicable continuing education
requirements and , if the inspector was placed on inactive status at the inspector's
own request, applied to the commission for return to active status and paid
the applicable fee for the filing. An apprentice inspector or real estate
inspector who has been placed on inactive status may return to practice if
the inspector has completed applicable continuing education requirements,
and the inspector's sponsoring professional inspector has requested that the
apprentice inspector or real estate inspector be returned to active status
under the professional inspector's sponsorship in accordance with the provisions
of this section. It is a violation of this section and grounds for disciplinary
action against a professional inspector for the professional inspector to
permit an inactive apprentice inspector or an inactive real estate inspector
to perform inspections in association with, or on behalf of, the professional
inspector.
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