Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.208Application for a License
ISSUE 12/13/2019
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Application.

  (1)A person who intends to be licensed by the Commission must file an application for the license:

    (A)through the online process approved by the Commission; or

    (B)on a form approved by the Commission for that purpose; and

    (C)submit the required fee under §535.210 of this title.

  (2)The Commission will reject an application submitted without a sufficient filing fee.

  (3)The Commission may request additional information be provided to the Commission relating to an application.

(b)General Requirements for Licensure.

  (1)To be eligible for any inspector license, an applicant must:

    (A)meet the following requirements at the time of the application:

      (i)be 18 years of age; and

      (ii)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)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), an applicant who is a military service member, 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.

(d)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)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.

Filed with the Office of the Secretary of State on November 21, 2019

TRD-201904436

Chelsea Buchholtz

General Counsel

Texas Real Estate Commission

Effective date: December 11, 2019

Proposal publication date: August 30, 2019

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



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