Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.216Renewal of License [or Registration ]
ISSUE 09/10/2010
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A person licensed by the commission under [Texas Occupations Code,] Chapter 1102 [(Chapter 1102),] may renew the license by timely filing the prescribed application for renewal, paying the appropriate fee to the commission and satisfying applicable continuing education requirements as required by Chapter 1102, and by §535.218 of this title (relating to Continuing Education), and providing to the commission proof of professional liability insurance, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102, with a minimum limit of $100,000 per occurrence as required by §535.211 of this title (relating to Professional Liability Insurance) and §1102.203 of Chapter 1102 [ , Texas Occupations Code].

(b)A licensee also may renew an unexpired license by accessing the commission's Internet web site, 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)[(b)] The commission shall send a renewal notice to each licensee [mail the prescribed renewal application form to the last known permanent mailing address of the licensee as shown in the commission's computerized records] at least 90 days prior to the expiration of the license. [Each licensee shall furnish a permanent mailing address to the commission and report all subsequent address changes within 10 days after a change of address. If a licensee fails to provide a permanent mailing address, the last known mailing address for the licensee will be deemed to be the licensee's permanent mailing address.] 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 licensee to apply for renewal, and failure to receive a renewal notice [application form] does not relieve the licensee of the responsibility of applying for renewal.

[(c)A licensee also may renew an unexpired license by accessing the commission's Internet web site, 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.]

(d)A licensee 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 [Texas Occupations Code,] §1101.656 of the Act.

[(e)A renewal application is deemed filed when placed in the mail properly addressed to the commission with appropriate postage paid.]

(e)[(f)] An inspector licensed on active status who timely files a renewal application together with the applicable fee, evidence of completion of any required continuing education courses, and proof of professional liability insurance, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102, may continue to practice prior to receiving a new license certificate from the commission. If the license has expired and the licensee files an application to renew the license, the licensee may not practice until the new certificate is received.

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 26, 2010

TRD-201005035

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 10, 2010

For further information, please call: (512) 465-3926



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