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(a)For the purposes of qualifying for, maintaining, or renewing a license, a corporation or limited liability company must designate one person holding an active Texas professional inspector license to act for it. The corporation or limited liability company may not act as a professional inspector during any period in which it has not designated a person to act for it who holds an active Texas professional inspector license. A professional inspector may not act as a designated person at any time while the professional inspector's license is inactive, expired, suspended or revoked. (b)A corporation or limited liability company formed under the laws of a state other than Texas will be considered to be a Texas resident for purposes of Chapter 1102, Texas Occupations Code if it is qualified to do business in Texas; its officers or managers, its principal place of business and all of its assets are located in Texas; and all of its officers and directors or managers and members are Texas residents. (c)Pursuant to §1102.112, Texas Occupations Code, a limited liability company created under the laws of another state or a corporation chartered in a state other than Texas may apply for a Texas professional inspector license if the entity meets one of the following requirements. (1)The entity is licensed as a professional inspector or equivalent by the state in which it was created or chartered. (2)The entity is licensed as a professional inspector or equivalent in a state in which it is permitted to engage in real estate brokerage business as a foreign limited liability company or corporation. (3)The entity was created or chartered in a state that does not license limited liability companies or corporations, as the case may be, and the entity is lawfully engaged in the practice of inspecting homes for buyers or sellers in another state and meets all other requirements for applications for a license in Texas. (d)The word "state" refers to the states, territories, and possessions of the United States and any foreign country or governmental subdivision thereof. (e)Foreign corporations and limited liability companies also must be permitted to engage in business in this state to receive a Texas professional inspector license. (f)A consent to service of legal process must be filed with the commission by a broker or salesperson who moves to another state.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 15, 2005
TRD-200503409 Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 2, 2005
For further information, please call: (512) 465-3900
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