(a)The [composition and] functions of the committee are as prescribed by Texas Occupations Code, Chapter 1102. (b)The committee consists of nine members appointed by the commission as follows: (1)six members who have been engaged in the practice of real estate inspecting as professional inspectors for at least five years before the member's appointment and who are actively engaged in that practice; and (2)three members who represent the public, who are not registered, certified, or licensed by an occupational regulatory agency in the real estate industry. (c)Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. (d)Members of the committee serve staggered six-year terms, with the terms of two inspector members and one public member expiring on February 1 of each odd-numbered year. Initial appointments may be made for terms shorter than six years in order to establish staggered terms. A member holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the commission shall appoint a person to fill the unexpired term. (e)At a regular meeting in February of each year, the committee shall elect from its members a presiding officer, assistant presiding officer, and secretary. (f)The commission may remove a committee member if the member: (1)does not have the qualifications required by subsection (b)(1) of this section if the member is appointed as a professional inspector; (2)cannot discharge the member's duties for a substantial part of the members term; (3)is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the committee; or (4)violates Texas Occupations Code, Chapter 1102. (g)If the administrator of the commission has knowledge that a potential ground for removal exists, the administrator shall notify the presiding officer of the commission that the potential ground exists. (h)The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists. (i)The committee may meet at the call of a majority of its members. The committee shall meet at the call of the commission. (j)[(b)] A quorum of the committee consists of five members. (k)[(c)] The committee shall conduct its meetings in substantial compliance with Robert's Rules of Order. (l)[(d)] The secretary of the committee, or in the secretary's absence, a member designated by the chairman, shall prepare written minutes of each meeting and submit the minutes to the committee for approval and for filing with the commission. (m)[(e)] The committee shall submit semiannual reports to the commission on or before March 1 and September 1 of each year detailing the performance of the committee. The commission may require the report to be submitted on a form approved by the commission for that purpose. The committee may submit its written recommendations concerning the licensing and regulation of real estate inspectors to the commission at any time the committee deems appropriate. If the commission submits a [proposed] rule to the committee for development, the chairman of the committee or the chairman's designate shall report to the commission after each meeting at which the proposed rule is discussed on [a monthly basis with regard to] the committee's consideration of the rule. (n)The committee is automatically abolished on September 1, 2019 unless the commission subsequently establishes a different date. [(f)Hearings before the committee concerning the licensing or discipline of real estate inspectors will be conducted in accordance with §535.221 of this title (relating to Proceedings before the Committee)].
This agency hereby certifies that the emergency
adoption 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 13, 2007
TRD-200703576 Loretta DeHay
Interim Administrator and General Counsel
Texas Real Estate Commission
Effective Date: September 1, 2007
Expiration Date: December 29, 2007
For further information, please call: (512) 465-3900
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