|(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
December 31 of each odd-numbered year. Inspector members may not serve
more than two consecutive full terms. Public members of the Committee
serve staggered two year terms, with the term of one public member
expiring on December 31 of each even-numbered year and the terms of
two public members expiring on December 31 of each odd-numbered year.
Public members may not serve more than three consecutive 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 January 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
(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 executive director of the Commission has
knowledge that a potential ground for removal exists, the executive
director 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 chair, shall prepare written minutes
for each meeting and submit the minutes to the Committee for approval.
(m) At least twice a year, the Committee Chair shall
report on the activities of the Committee to the Commission. 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 chair of the Committee or the
chair's designee 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, 2031 unless the Commission subsequently establishes a different
|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; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 2, 2019, 44 TexReg 4738; amended to be effective December 2, 2021, 46 TexReg 8060