(a)Subsections (a) - (f) of this section shall
expire on February 28, 2021, 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). [Approval
of Qualifying Real Estate Inspection Instructors. Qualifying real
estate inspector instructors are approved and regulated as required
by §535.63 of this title.]
(b)Approval of Inspector Qualifying [Real
Estate Inspection] Courses. Inspector qualifying [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 must address
each part of the subject as described by this section
(e)(No change.)
[(f)Composite Courses.]
[(1)A course that combines more than one subject into
a composite course may be approved by the Commission to satisfy real
estate inspector core course education requirements.]
[(2)Composite courses will not satisfy the requirements
for coursework in specific subject areas, unless they are approved
for a specific number of hours for each subject area.]
(f)[(g)] Ride-along inspection course
for qualifying education.
(1)A ride-along inspection course must:
(A)at a minimum consist of one full residential property
inspection per 8 hours of course credit;
(B)review applicable standards of practice and departure
provisions contained in §§535.227 - 535.233 of this title
(relating to Standards of Practice); and
(C)consist of no more than four students per instructor.
(2)The instructor of a ride-along inspection course
may:
(A)review report writing;
(B)deliver a notice regarding the ride-along session
on a form approved by the Commission to the prospective buyer or seller
of the home being inspected.
(g)Subsections (h) - (i) of this
section are effective March 1, 2021 and apply to the education requirements
for a license under §535.214 of this title (relating to Education
and Experience Requirements for a License).
(h)Approval of Inspector Qualifying
Courses. Inspector qualifying courses are approved and regulated as
required by §535.62 of this title.
(i)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, the units of which are 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:
(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 Practicum (40 hours); which shall consist
of a minimum of five complete and in-person inspections.
(A)The Texas Practicum must:
(i)be supervised by a currently licensed inspector
who has:
(I)been actively licensed as a Professional Inspector
for at least five years; and
(II)at least three years of supervisory or training
experience with inspectors; and
(ii)consist of no more than four students per inspector
supervising the Texas Practicum.
(B)The inspector supervising the Texas Practicum must
evaluate that upon completion by the student, each report is:
(i)considered satisfactory for release to an average
consumer; and
(ii)demonstrates 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.
(C)An applicant may request credit for completing
the Texas Practicum (40 hours) by submitting the credit request form
approved by the Commission.
(D)Audits.
(i)The Commission staff may conduct an audit of any
information provided on a Texas Practicum credit request form, including
verifying that the inspector supervising the Texas Practicum meets
the qualifications required to supervise the practicum.
(ii)The following acts committed by a supervisory
inspector conducting the Texas Practicum are grounds for disciplinary
action:
(I)making material misrepresentation of fact;
(II)making a false representation to the Commission,
either intentionally or negligently, that a student completed the
Texas Practicum in its entirety, satisfying all requirements for credit
to be awarded.
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 May 27, 2020
TRD-202002164 Vanessa Burgess
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 12, 2020
For further information, please call: (512) 936-3284
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