Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.210Fees
ISSUE 08/30/2019
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The Commission shall charge and collect the following fees:

  (1)a fee of $60 for filing an original or reinstatement application for a license as an apprentice inspector;

  (2)a fee of $100 for filing an original or reinstatement application for a license as a real estate inspector, which includes a fee for transcript evaluation;

  (3)a fee of $120 for filing an original or reinstatement application for a license as a professional inspector, which includes a fee for transcript evaluation;

  (4)a fee of $30 for the timely renewal of the license of an apprentice inspector;

  (5)a fee of $50 for the timely renewal of the license of a real estate inspector;

  (6)a fee of $60 for the timely renewal of the license of a professional inspector;

  (7)a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a license within 90 days of expiration;

  (8)a fee equal to 2 times the timely renewal fee for the late renewal of a license more than 90 days but less than six months after expiration;

  (9)a fee of $220 for taking a license examination consisting of a national portion and a state portion or retaking the national part of the license examination;

  (10)a fee of $60 for taking a license examination without a national portion or retaking the state part of the license examination;

   [(11)a fee of $20 for requesting a change of a license holder name, or to establish a relationship with a sponsoring professional inspector;]

  (11)[(12)] a fee of $50 to request an inactive professional inspector license be returned to active status;

  (12)[(13)] a fee of $40 for preparing a certificate of [license history,] active licensure[ ,] or sponsorship;

  (13)[(14)] a fee of $50 for the filing of a fitness [moral character] determination;

  (14)[(15)] the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system;

  (15)[(16)] a fee of $400 for filing an application for accreditation of a qualifying inspector education program for a period of four years;

  (16)[(17)] after initial approval of accreditation, a fee of $200 a year for operation of a qualifying inspector education program;

  (17)[(18)] a fee of $50 plus the following fees per classroom hour approved by the Commission for each qualifying inspector education course for a period of four years:

    (A)$5 for content and examination review;

    (B)$5 for classroom delivery design and presentation review; and

    (C)$10 for distance education delivery design and presentation review.

  (18)[(19)] a fee of $400 for filing an application for accreditation as a continuing inspector education provider for a period of two years;

  (19)[(20)] a fee of $50 plus the following fees per classroom hour approved by the Commission for each continuing inspector education course for a period of two years:

    (A)$2.50 for content and examination review;

    (B)$2.50 for classroom delivery design and presentation review; and

    (C)$5 for distance education delivery design and presentation review.

  (20)[(21)] the fee required under paragraphs (17)(C) [(18)(C)] and (19)(C) [(20)(C)] of this subsection will be waived if the course has already been certified by a distance learning certification center acceptable to the Commission.

   [(22)a fee of $50 for the filing of an application for approval as an instructor for a two-year period for qualifying or continuing inspector education courses;]

   [(23)a fee of $30 for processing a check or other equivalent instrument returned by a bank or depository as dishonored for insufficient funds;]

  (21)[(24)] a fee of $10 for deposit in the real estate inspection recovery fund upon an applicant's successful completion of an examination; and

   [(25)a fee of $20 for filing any application, renewal, change request, or other record on paper that a person may otherwise file with the Commission electronically by accessing the Commission's website, entering the required information online, and paying the appropriate fee;]

   [(26)a fee of $20 per certification when providing certified copies; and]

  (22)[(27)] the fee charged by the Federal Bureau of Investigation and Texas Department of Public Safety for fingerprinting or other service for a national or state criminal history check in connection with a license application [or renewal].

(b) - (c)(No change.)

(d)If a payment to the Commission by or on behalf of a license holder or applicant is dishonored or reversed by a bank or other financial institution, the Commission shall send a request for payment of the dishonored or reversed payment by certified mail to the last known mailing address of the license holder or applicant as shown in the records of the Commission. If the Commission has sent a request for payment in accordance with the provisions of this section, and the license holder or applicant fails to make good on the payment in the form of a cashier's check, money order, or credit card payment within 30 days after the Commission has mailed the request, the license will be placed on inactive status.

(e)Placing a license on inactive status under this section does not preclude the Commission from proceeding under Texas Occupations Code, §1101.652(a)(3), against a license holder who has failed to make good a payment issued to the Commission within a reasonable time.

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 August 16, 2019

TRD-201902725

Chelsea Buchholtz

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: September 29, 2019

For further information, please call: (512) 936-3177



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