(a)(No change.)
(b)General Requirements for Licensure.
(1)To be eligible for any inspector [a
real estate] license, an applicant must:
(A)meet the following requirements at the time of
the application:
(i)be 18 years of age; and
[(ii)meet any applicable residency
requirement;]
ii[(iii)] be a citizen of the
United States or a lawfully admitted alien;
(B)comply with the fingerprinting, education, experience
and examination requirements of the Act, Chapter 1102, or the rules
of the Commission;
(C)meet the honesty, trustworthiness, and integrity
requirements under the Act;
(D)provide proof of financial responsibility as required
by of Chapter 1102; and
(E)an applicant for an apprentice inspector license
must provide the Commission with the applicant's photograph prior
to issuance of a license certificate.
[(2)Texas residents who enter military
service and resume their Texas residence immediately upon separation
from the military are not considered to have lost their Texas residence
unless they have affirmatively established legal residence elsewhere.]
(2)[(3)] The fact that an individual
has had disabilities of minority removed does not affect the requirement
that an applicant be 18 years of age to be eligible for a license.
(c)License for military service members, veterans,
or military spouses. Unless otherwise excepted under §535.58
of this title (relating to License for Military Service Members, Veterans,
or Military Spouses), [This subsection applies to]
an applicant who is a military service member, [a military]
veteran, or the spouse of a person who is on full-time military
service in the armed forces of the United States or serving
on active duty as a member of the armed forces of the United States
must meet all requirements of this section.
[(1)The Commission shall waive the
license application and examination fees for an applicant who is:]
[(A)a military service member or military veteran
whose military service, training, or education substantially meets
all of the requirements for the license; or]
[(B)a military service member, military veteran, or
military spouse who holds a current license issued by another jurisdiction
that has licensing requirements that are substantially equivalent
to the requirements for the license in this state.]
[(2)The Commission shall issue on
an expedited basis a license to an applicant who holds a current certificate
or license issued by a country, territory, or state other than Texas
that has licensing requirements that are substantially equivalent
to the requirements for the certificate or license issued in Texas.]
[(d)Credit for military service.
This subsection applies to an applicant who is serving on active duty
as a member of the armed forces of the United States.]
[(1)The Commission shall credit any verifiable military
service, training or education obtained by an applicant that is relevant
to a license toward the requirements of a license.]
[(2)This subsection does not apply to an applicant
who holds a restricted license issued by another jurisdiction.]
[(3)The applicant must pass the qualifying examination
for the type of license sought.]
[(e)A person applying for license
under subsections (c) or (d) of this section must also:]
[(1)submit the Commission's approved application form
for the type of license sought;]
[(2)submit the appropriate fee for that application;]
[(3)submit the supplemental form approved by the Commission
applicable to subsections (c) or (d) of this section;]
[(4)provide proof of financial responsibility as required
by of Chapter 1102; and]
[(5)comply with fingerprinting requirements for all
license applicants and satisfy the Commission as to the applicant's
honesty, trustworthiness and integrity.]
[(f)The Executive Director may waive
any prerequisite to obtaining a license for an applicant issued under
subsection (c) or (d).]
(d)[(g)] Terminated application.
An application will be terminated and subject to no further evaluation
or processing if the applicant fails to satisfy the requirements of
subsection (b)(1) of this section within one year from the date the
application is filed.
(e)[(h)] Denial of application.
(1)An application for a license may be denied if the
Commission determines that the applicant has failed to satisfy the
Commission as to the applicant's honesty, trustworthiness and integrity
or if the applicant has been convicted of a criminal offense which
is grounds for disapproval of an application under §541.1 of
this title (relating to Criminal Offense Guidelines). Notice
of the denial and any hearing on the denial shall be as provided in
Texas Occupations Code, §1101.364, and §535.34 of this title
(relating to Salesperson Employed by an Owner of Land and Structures
Erected by the Owner).
(2)Procuring or attempting to procure a license by
fraud, misrepresentation or deceit or by making a material misstatement
of fact in an application is grounds to deny the application or suspend
or revoke the license. It is a violation of this section for a sponsoring
professional inspector knowingly to make a false statement to the
Commission in an application for a license for an apprentice or a
real estate inspector.
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-201902722 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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