Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.216Renewal of License
ISSUE 12/13/2019
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Renewal application.

  (1)A license issued by the Commission under Chapter 1102, Occupations Code, expires on the date shown on the face of the license issued to the license holder.

  (2)If a license holder intends to renew an unexpired license, the license holder must, on or before the expiration date of the current license:

    (A)file a renewal application through the online process on the Commission's website or on the applicable form approved by the Commission;

    (B)pay the appropriate fee as required by §535.210 of this title;

    (C)comply with the fingerprinting requirements of Chapter 1102, Occupations Code;

    (D)satisfy the applicable continuing education requirements of Chapter 1102, Occupations Code, and this subchapter; and

    (E)provide proof of financial responsibility as required in Chapter 1102, Occupations Code, on a form approved by the Commission.

  (3)An apprentice inspector or a real estate inspector must be sponsored by a licensed professional inspector in order to renew a license on an active status.

(b)Renewal Notice.

  (1)The Commission will send a renewal notice to each license holder at least 90 days before the license expiration date.

  (2)If a license holder intends to renew a license, failure to receive a renewal notice does not relieve the license holder from responsibility of applying for renewal as required in this section.

(c)Request for information.

  (1)The Commission may request a license holder to provide additional information to the Commission in connection with a renewal application.

  (2)A license holder must provide the information requested by the Commission within 30 days after the date of the Commission's request.

  (3)Failure to provide the information requested within the required time is grounds for disciplinary action under Chapter 1102, Occupations Code.

(d)Renewal on inactive status.

  (1)Licensed professional inspectors, real estate inspectors and apprentice inspectors may renew a license on inactive status.

  (2)Inspectors are not required to complete continuing education courses as a condition of renewing a license on inactive status, but must satisfy continuing education requirements before returning to active status.

(e)Late Renewal.

  (1)If a license has been expired for less than six months, a license holder may renew the license by:

    (A)filing a renewal application through the online process on the Commission's website or on the applicable form approved by the Commission;

    (B)paying the appropriate late renewal fee as required by §535.210 of this title (related to Fees);

    (C)satisfying the applicable continuing education requirements; and

    (D)providing proof of financial responsibility on a form approved by the Commission.

  (2)To renew a license on active status without any lapse in active licensure, an apprentice or real estate inspector must also submit a Real Estate Apprentice and Inspector Sponsorship Form certifying sponsorship for the period from the day after the previous license expired to the day the renewal license issued, and for the period beginning on the day after the renewal license issued. The same inspector may be the sponsor for both periods. The Commission will renew the license on inactive status for the period(s) in which the apprentice or real estate inspector was not sponsored.

(f)License Reinstatement.

  (1)If a license has been expired for six months or more, a license holder may not renew the license, and must file an original application to reinstate the license and satisfy all requirements for licensure, except as provided in paragraph (3) of this subsection.

  (2)A license holder may not continue to practice until the new license is received.

  (3)If an applicant for reinstatement has held a professional inspector or real estate inspector license during the 24 months preceding the date the application is filed, no examination is required.

(g)Denial of Renewal or Reinstatement. The Commission may deny an application for license renewal or reinstatement if a license holder is in violation of the terms of a Commission order.

[(a)A person licensed by the Commission under Chapter 1102 may renew the license by timely filing the prescribed application for renewal, complying with the fingerprinting and TGSLC requirements in §535.95 of this title, paying the appropriate fee to the Commission and satisfying applicable continuing education requirements as required by Chapter 1102 and this subchapter, and providing to the Commission proof of financial responsibility as required by Chapter 1102 using a form approved by the Commission for that purpose.]

[(b)A license holder also may renew an unexpired license by accessing the Commission's website, entering the required information on the renewal application form, satisfying applicable education and professional liability insurance, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102 requirements and paying the appropriate fee in accordance with the instructions provided at the site by the Commission.]

[(c)The Commission shall send a renewal notice to each license holder at least 90 days prior to the expiration of the license. An apprentice inspector or a real estate inspector must be sponsored by a licensed professional inspector in order to renew a license on an active status. It is the responsibility of the license holder to apply for renewal, and failure to receive a renewal notice does not relieve the license holder of the responsibility of applying for renewal.]

[(d)A license holder shall provide information requested by the Commission in connection with an application to renew a license within 30 days after the Commission requests the information. Failure to provide information requested by the Commission in connection with a renewal application within the required time is grounds for disciplinary action under the Act.]

[(e)Licensed professional inspectors, real estate inspectors and apprentice inspectors may renew a license on inactive status. Inspectors are not required to complete continuing education courses as a condition of renewing a license on inactive status but must satisfy continuing education requirements before returning to active status.]

[(f)If the license has been expired for less than six months, the license holder may renew the license by filing the prescribed application for renewal, paying the appropriate late renewal fee to the Commission and satisfying the applicable continuing education and proof of financial responsibility requirements.]

[(g)To renew a license on active status without any lapse in active licensure, an apprentice or real estate inspector must also submit a Real Estate Apprentice and Inspector Sponsorship Form certifying sponsorship for the period from the day after the previous license expired to the day the renewal license issued, and for the period beginning on the day after the renewal license issued. The same inspector may be the sponsor for both periods. The Commission shall renew the license on inactive status for the period(s) in which the apprentice or real estate inspector was not sponsored.]

[(h)If the license has been expired for six months or more, the licensee may not renew but must file an original application to reinstate the license and may not practice until the new license is received. If the applicant for reinstatement has held a professional inspector or real estate inspector license during the 24 months preceding the date the application is filed, no examination is required.]

(h)[(i)] Renewal of license for military service member. A license holder on active duty in the United States armed forces is entitled to two years of additional time to renew an expired license without being subject to any increase in fee, any education or experience requirements or examination if the license holder:

  (1) provides a copy of official orders or other official documentation acceptable to the Commission showing that the license holder was on active duty during the license holder's last renewal period; and

  (2) pays the renewal application fee in effect when the previous license expired.

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 November 22, 2019

TRD-201904456

Chelsea Buchholtz

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: January 12, 2020

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



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