(a)(No change.)
(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 [not] eligible to take a qualifying
examination for a license after [until] the
Commission has received evidence of [completion of all education
and] experience required by this subchapter and completion
of education as required by subsection (c) of this section. If an
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.
(c)Exam Eligibility.
(1)Before an applicant is eligible to take the national
portion of the examination, the applicant must submit evidence of
completion of the following coursework to the Commission:
(A)Building Science Module I;
(B)Building Science Module II;
(C)Business Operations and Professional Responsibilities
Module; and
(D)Analysis of Findings and Reporting Module, if required
for licensure under §535.212 of this title.
(2)Before an applicant is eligible to take the state
portion of the examination, and if required for licensure under §535.212
of this title, the applicant must the submit evidence of completion
of the following coursework to the Commission:
(A)Texas Law Module;
(B)Texas Standards of Practice Module;
(C)Texas Standards of Practice Interactive Module;
and
(D)Texas Practicum.
(d)[(c)] Waiver of national
portion of examination requirement.
(1)The Commission may waive the national
portion of the examination of an applicant for a real estate or professional
inspector license if the applicant:
(A)[(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
(B)[(2)] has passed the National
Home Inspector Examination developed by the Examination Board of Professional
Home Inspectors.
(2)To become licensed, an applicant
who has had the national portion of the examination waived as provided
by this section:
(A)must submit evidence of completion of the required
coursework as provided under subsection (c)(2) of this section and
pass the Texas portion of the examination; and
(B)is not required to complete coursework outlined
under subsection (c)(1) of this section.
(e)[(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.
(f)[(e)] Examination results
are valid for a period of one year from the date the examination is
passed. An examination is considered passed when an applicant has
received a passing grade on both parts of the examination.
(g)[(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 [commission]
that the applicant has successfully completed additional
qualifying [core] education after the date of
the third failed examination, 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, Building Science Module I or Building Science
Module II [32] hours; or
(2)for an applicant who failed the state part of the
examination, Texas Law Module, Texas Standards of Practice Module,
or Texas Standards of Practice Interactive Module. [8 hours;
and]
[(3)for an applicant who failed both
parts of the examination, 40 hours.]
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's
legal authority
to adopt.
Filed with the Office
of the Secretary of State on May 8, 2019
TRD-201901378 Chelsea Buchholtz
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 23, 2019
For further information, please call: (512) 936-3177
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