Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.209Examinations
ISSUE 08/30/2019
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Examinations for licensure.

  (1)The examination for a real estate inspector license and for a professional inspector license consists of a national part and a state part.

  (2)The Commission adopts the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors for the national portion of the examination. For the state portion of the examination, questions shall be used which measure competency in the subject areas required for a license by Chapter 1102, and which demonstrate an awareness of its provisions relating to inspectors.

  (3)Each real estate inspector applicant must achieve a score of at least 70% on the state portion of the examination. Each professional inspector applicant must achieve a score of at least 75% on the state portion of the examination. Examination results are valid for a period of one year from the date the examination is passed.

(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.

(c) - (d)(No change.)

(e)An examination is considered passed when an applicant has received a passing grade on both parts of the examination.

(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 that the applicant has completed additional core education 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, 32 hours;

  (2)for an applicant who failed the state part of the examination, 8 hours; and

  (3)for an applicant who failed both parts of the examination, 40 hours.

(h)Subsections (c) through (g) of this section expire on April 30, 2020.

(i)Exam Eligibility Effective May 1, 2020. The following eligibility requirements apply to applicant who takes the examination for licensure on or after May 1, 2020:

  (1)Before the 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)Property and Building Inspection Module I;

    (B)Property and Building Inspection 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 (relating to Education and Experience Requirements for Licensure).

  (2)Before the applicant is eligible to take the state portion of the examination, the applicant must submit evidence of completion of the following coursework to the Commission as required for licensure under §535.214 of this title (relating to Education and Experience Requirements for Licensure):

    (A)Texas Law Module;

    (B)Texas Standards of Practice Module;

    (C)Texas Standards of Practice Interactive Module; and

    (D)Texas Practicum.

  (3)If the applicant has had the national portion of the examination waived as provided by subsection (c) of this section, before the applicant is eligible to take the state portion of the examination the applicant:

    (A)must submit evidence of completion of the required coursework as provided under subsection (i)(2) of this section and pass the Texas portion of the examination; and

    (B)is not required to complete coursework outlined under subsection (i)(1) of this section.

  (4)If the applicant fails the examination three consecutive times, the applicant may not apply for reexamination or submit a new license application unless the applicant submits evidence to the Commission that the applicant has successfully completed additional qualifying education after the date of the third failed examination, as follows:

    (A)for an applicant who failed the national part of the examination, Building Science Module I or Building Science Module II; or

    (B)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.

  (5)if the 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.

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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