Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.213Qualifying Real Estate Inspector Instructors and Courses
ISSUE 08/30/2019
ACTION Proposed
Preamble Texas Admin Code Rule

(a)[Approval of Qualifying Real Estate Inspection Instructors. Qualifying real estate inspector instructors are approved and regulated as required by §535.63 of this title.] Subsections (a) - (g) of this section shall expire on April 31, 2020 and only apply to satisfy the education requirements for a license under §535.212 of this title (relating to Education and Experience Requirements for a License).

(b)Approval of Qualifying Real Estate Inspection Courses. Qualifying real estate inspector courses are approved and regulated as required by §535.62 of this title (relating to Approval of Qualifying Courses).

(c)(No change.)

(d)A course approved to satisfy a specific subject matter requirement under §535.212 of this title (relating to Education and Experience Requirements for a License) must address each part of the subject as described by this section

(e) - (g)(No change.)

(h)Subsections (i) - (j) of this section are effective May 1, 2020 and apply to the education requirements for a license under §535.214 of this title (relating to Education and Experience Requirements for a License).

(i)Approval of Qualifying Inspection Courses. Qualifying inspector courses are approved and regulated as required by §535.62 of this title (relating to Approval of Qualifying Courses).

(j)Approved Qualifying Courses of Study. The subjects approved for credit for qualifying inspector courses consist of the following modules:

  (1)Property and Building Inspection Module I (40 hours), which shall contain the following topics outlined in the Property and Building Inspection I Qualifying Inspector Course Approval Form:

    (A)Site conditions; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (B)Exterior components; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (C)Roof components; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (D)Structural components; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (E)Interior components; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (F)Permanently installed kitchen appliances; assessing for proper condition and operations - 300 minutes; and

    (G)Fireplaces, fuel-burning appliances, and their chimney and vent systems; assessing defects and issues that may affect people or the performance of the building - 200 minutes.

  (2)Property and Building Inspection Module II (40 hours), which shall contain the following topics, the units of which are outlined in the Property and Building Inspection II Qualifying Real Estate Inspector Course Approval Form:

    (A)Electrical systems; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (B)Cooling Systems; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (C)Heating systems; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (D)Insulation, moisture management systems, and ventilation systems in conditioned and unconditioned spaces; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (E)Plumbing systems; assessing defects and issues that may affect people or the performance of the building - 300 minutes;

    (F)Mechanical exhaust systems; assessing defects and issues that may affect people or the performance of the building - 300 minutes; and

    (G)Optional Systems - 200 minutes.

  (3)Analysis of Findings and Reporting Module (20 hours), which shall contain the following topics, the units of which are outlined in the Analysis of Findings and Reporting Module Qualifying Real Estate Inspector Course Approval Form:

    (A)Informing the client what was inspected and describing building systems and components by their distinguishing characteristics - 200 minutes;

    (B)Describing inspection methods and limitations in the inspection report to inform the client what was not inspected and why - 200 minutes;

    (C)Describing systems and components inspected that are not functioning properly or are defective - 200 minutes;

    (D)Describing systems and components in need of further evaluation or action - 200 minutes; and

    (E)Describing the implication of defects so that the client understands what could occur if the defects are not corrected - 200 minutes.

  (4)Business Operations and Professional Responsibilities Module (10 hours), which shall contain the following topics, the units of which are outlined in the Business Operations and Professional Responsibilities Qualifying Real Estate Inspector Course Approval Form:

    (A)Elements of the written inspection contract and the rights and responsibilities of the inspector and the client - 250 minutes; and

    (B)Inspector's responsibility to maintain the quality, integrity, and objectivity of the inspection process - 250 minutes.

  (5)Texas Law Module (20 hours), which shall contain the following topics, the units of which are outlined in the Texas Law Module, Qualifying Real Estate Inspector Course Approval Form, Texas Law Module, hereby adopted by reference:

    (A)Licensing Law; Chapter 1102 Texas Occupations Code - 200 minutes;

    (B)General Provisions; TREC Rules, Chapter 535 Subchapter R - 400 minutes; and

    (C)Inspector Legal & Ethics - 400 minutes.

  (6)Texas Standards of Practice Module (24 hours), which shall contain the following topics, the units of which are outlined in the Texas Standards of Practice Module Qualifying Real Estate Inspector Course Approval Form:

    (A)Structural systems; Texas SOP exclusions and unique reporting requirements - 400 minutes;

    (B)Electrical systems; Texas SOP exclusions and unique reporting requirements - 400 minutes; and

    (C)Mechanical systems; Texas SOP exclusions and unique reporting requirements - 400 minutes.

  (7)Texas Standards of Practice Interactive Module (24 hours), which shall contain the following topics, the units of which are outlined in the Texas Standards of Practice Module Qualifying Real Estate Inspector Course Approval Form:

    (A)Structural systems; Texas SOP exclusions and unique reporting requirements - 400 minutes, to include 200 minutes of hands-on training;

    (B)Electrical systems; Texas SOP exclusions and unique reporting requirements - 400 minutes to include 200 minutes of hands-on training; and

    (C)Mechanical systems; Texas SOP exclusions and unique reporting requirements - 400 minutes to include 200 minutes of hands-on training.

  (8)Texas Practicum (40 hours); which shall consist of:

    (A)a minimum of five complete inspections to be evaluated at a level considered satisfactory for release to an average consumer and that upon completion demonstrate an understanding of:

      (i)report writing;

      (ii)client interaction;

      (iii)personal property protection; and

      (iv)concepts critical for the positive outcome of the inspection process; and

    (B)no more than four students per instructor.

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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