Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.212Education and Experience Requirements for a License
ISSUE 08/30/2013
ACTION Proposed
Preamble No Rule Available

(a)To become licensed as a real estate inspector or professional inspector, a person must satisfy:

  (1)(No change.)

  (2)the education requirements outlined in §1102.108 and §1102.109 of Chapter 1102 and the substitute [education and] experience requirements established by the commission pursuant to §1102.111 in subsection (f) or (g) of this section.

(b)A [Effective September 1, 2011, a] person may satisfy the 90-hour education requirement for licensure as a real estate inspector pursuant to subsection (a)(1) or (2) of this section by completing the following coursework:

  (1) - (11)(No change.)

(c)Effective September 1, 2013 [2011], a person may satisfy the 130 [128]-hour education requirement for licensure as a professional inspector pursuant to subsection (a)(1) or (2) of this section by completing the following coursework:

  (1) - (2)(No change.)

  (3)8 additional [6] hours in Texas Standards of Practice/Legal/Ethics Update as defined in §535.218 of this title (relating to Continuing Education); and

  (4)(No change.)

(d)For the purpose of measuring the number of inspections required to receive a license or to sponsor apprentice inspectors or real estate inspectors, the commission considers an improvement to real property to be any unit capable of being separately rented, leased or sold, subject[. Subject] to the following restrictions:[,]

  (1)An [an] inspection of an improvement to real property that includes the structural and equipment/systems of the unit constitutes a single inspection.

  (2)[(1)] Half credit will be given for an inspection limited to structural components only or to equipment/systems only.

  (3)[(2)] No more than 80% of the inspections for which experience credit is given may be limited to structural components only or to equipment/systems components only.

  (4)[(3)] A report addressing two or more improvements is considered a single inspection.

  (5)[(4)] The commission may not give experience credit to the same applicant or professional inspector for more than three complete or six partial inspections per day. No more than three applicants may receive credit for the inspection of the same unit within a 30 day period, and no more than three apprentice inspectors may receive credit for an inspection of the same unit on the same day.

(e)(No change.)

(f)Effective January 1, 2014, a [Substitute requirements for a real estate inspector license. A] person may satisfy the substitute [education and] experience requirements for licensure [to become licensed] as a real estate inspector pursuant to subsection (a)(2) of this section as follows:

  (1)A person who does not have two years of experience as an architect, engineer, or engineer-in-training must:

    (A)complete a total of 60 additional [120 ] hours of core inspection coursework, which[. hours Effective September 1, 2011, these] must include the following:

       [(i)90 hours of coursework as outlined in subsection (b) of this section;]

      (i)[(ii)] 8 [additional] hours in Texas Standard Report Form/Report Writing;

      (ii)[(iii)] 8 [6] hours in Texas Standards of Practice/Legal/Ethics Update as defined in §535.218 of this title; [and]

      (iii)[(iv)] 16 [additional] hours in any core inspection subject(s); and

       (iv)38 hours of an approved classroom or alternative delivery interactive experience training module; and

    (B)either [satisfy the substitute experience requirement by]:

       (i)complete 20 hours of field work through ride along inspection course sessions as defined in §535.218 of this title; or

       [(i)completing 60 hours of an approved interactive experience training module presented by a licensed professional inspector and submitting a certificate of completion;]

       [(ii)accompanying a licensed professional inspector eligible to sponsor for 60 hours of inspections and submitting a letter from the professional inspector certifying that the applicant attended 60 hours of such training; or]

      (ii)[(iii)] have [having ] three years of [personal] experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property and provide [providing] two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience.

  (2)A person who has at least two years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training must:

    (A)complete a total of 16 additional [104 ] hours of core inspection coursework, which[. Effective September 1, 2011, these hours] must include the following:

       [(i)90 hours of coursework as outlined in subsection (b) of this section;]

      (i)[(ii)] 8 [additional] hours in Texas Standard Report Form/Report Writing; and

      (ii)[(iii)] 8 [6] hours in Texas Standards of Practice/Legal/Ethics Update; and

    (B)(No change.)

(g)Effective January 1, 2014, a [Substitute requirements for a professional inspector license. A] person may satisfy the substitute [education and] experience requirements for licensure [to become licensed] as a professional inspector pursuant to subsection (a)(2) of this section as follows:

  (1)A person who does not have three years of experience as an architect, engineer, or engineer-in-training must:

    (A)complete a total of 280 additional [328 ] hours of core inspection coursework, which[. Effective September 1, 2011, these hours] must include the following:

       [(i)128 hours of coursework as outlined in subsection (c) of this section;]

      (i)[(ii)] 30 [additional] hours in foundations;

      (ii)[(iii)] 30 [additional] hours in framing;

      (iii)[(iv)] 24 [12 additional] hours in building enclosure;

      (iv)[(v)] 24 [25 additional] hours in roof systems;

      (v)[(vi)] 16 [25 additional] hours in plumbing systems;

      (vi)[(vii)] 24 [25 additional] hours in electrical systems;

      (vii)[(viii)] 24 [25 additional] hours in heating, ventilation, and air conditioning systems;

      (viii)[(ix)] 6 [additional] hours in appliances;

      (ix)[(x)] 8 [additional] hours in Standards of Practice/Legal/Ethics Update as defined in §535.218 of this title;

      (x)[(xi)] 8 [additional] hours in Standard Report Form/Report Writing; [and]

      (xi)[(xii)] 6 [additional] hours in any core inspection subject(s); [and]

       (xii)80 hours of an approved classroom or alternative delivery interactive experience training module; and

    (B)either [satisfy the substitute experience requirement by]:

       (i)complete 40 hours of field work through ride along inspection course sessions as defined in §535.218 of this title; or

       [(i)completing 120 hours of an approved interactive experience training module presented by a licensed professional inspector and submitting a certificate of completion;]

       [(ii)accompanying a licensed professional inspector eligible to sponsor for 120 hours of inspections and submitting a letter from the professional inspector certifying that the applicant attended 120 hours of such training; or]

      (ii)[(iii)] have [having ] five years of [personal] experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property, and providing two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience.

  (2)A person who has at least three years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training must:

    (A)complete a total of 16 additional [142 ] hours of core inspection coursework, which[. Effective September 1, 2011, these hours] must include the following:

       [(i)128 hours of coursework as outlined in subsection (c) of this section;]

      (i)[(ii)] 8 [additional] hours in Texas Standard Report Form/Report Writing; and

      (ii)[(iii)] 8 [6] hours in Texas Standards of Practice/Legal/Ethics Update as defined in §535.218 of this title; and

    (B)(No change.)

(h)For purposes of this section, "core inspection coursework" means coursework on the subject matters listed in §535.213(e) of this title (relating to Approval of Core Courses in Real Estate Inspection).

[(h)Not more than two persons may accompany a licensed professional inspector on any inspection used to meet the experience requirement of §1102.111(a) of Chapter 1102.]

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 16, 2013

TRD-201303423

Kerri Lewis

Deputy General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: September 29, 2013

For further information, please call: (512) 936-3092



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