Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.216Renewal of License
ISSUE 02/20/2009
ACTION Emergency
Preamble Texas Admin Code Rule

(a) - (f)(No change.)

(g)Renewal requirements for an apprentice, real estate, or professional home inspector significantly impacted by Hurricane Ike. By the proclamation issued September 7, 2008, and amended September 12, 2008, by the Governor of the State of Texas and notwithstanding any provisions of the Act or Rules to the contrary, the commission may defer the renewal requirements for a current license and maintain the license on active status for a licensee who satisfies the following criteria:

  (1)the licensee resides or has a primary place of business in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, or Washington County and was significantly impacted by Hurricane Ike;

  (2)as a result of the disaster, the licensee is unable to perform one or more of the following renewal requirements before the original expiration date of the current license:

    (A)complete all applicable continuing education requirements;

    (B)provide proof of professional liability insurance, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102; or

    (C)pay renewal fees; and,

  (3)the original expiration date of the current license is between September 30, 2008 and February 28, 2009.

(h)If a licensee subject to subsection (g) of this section is unable to perform any renewal requirement prior to the original expiration date of the current license, the license is extended for an additional four month period and the licensee must complete all requirements within such four month period.

(i)If a licensee subject to subsection (f) of this section fails to file the required renewal application and pay the required fee on or before the end of the four month period, the license will expire at the end of the four month period. If, on or before the end of the four month period a licensee has filed the required renewal application and paid the required renewal fee but has failed to complete all continuing education requirements or to provide proof of required liability insurance, the license will revert to inactive status at the end of the four month period until such time that the licensee completes all renewal requirements.

(j)A license that is renewed under subsection (g) of this section expires 24 months after the original expiration date of the current license. Continuing education courses completed after the original expiration date of the current license under this provision may not be applied to meet continuing education requirements for the following renewal of the license.

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 February 2, 2009

TRD-200900401

Loretta R. DeHay

Interim Administrator

Texas Real Estate Commission

Effective Date: February 2, 2009

Expiration Date: March 23, 2009

For further information, please call: (512) 465-3900



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