(a)(No change.) (b)Effective January 1, 2014, the thirty-two hours of continuing education required for each renewal of a real estate inspector or professional inspector license must include eight hours of Texas Standards of Practice/Legal/Ethics Update and twenty-four hours of core subject topics as described in §535.213(e)(1) - (8) of this title (relating to Approval of Core Courses in Real Estate Inspection), with a maximum of eight hours on any one single topic. (c)Except as provided by this section, the approval of real estate inspection continuing education providers, courses, and instructors will be conducted in the same manner as provided for real estate licensees under §535.71 of this title (relating to Approval of Providers, Courses, and Instructors) with references to real estate license or licensee to include inspector licensees, statutory references to Chapter 1101 to include the corresponding section applicable to inspectors in Chapter 1102, and references to legal and ethics update courses to include Texas Standards of Practice/Legal/Ethics Update for inspector licensees. (d)The Texas Standards of Practice/Legal/Ethics Update is a non-elective course and must consist of the following coursework: (1)4 hours of Standards of Practice; (2)2 hours of Legal; and (3)2 hours of Ethics. (e)Up to eight hours of continuing education credit per two year license period can be given to a licensee for ride along inspection course sessions. A ride along inspection course must meet the following criteria. (1)The course, at a minimum, must: (A)consist of one full residential property inspection; (B)review applicable standards of practice and departure provisions contained in §§535.227 - 535.233 of this title (relating to Standards of Practice); and (C)have no more than two students per session. (2)The instructor of the course: (A)may review report writing; (B)may deliver a notice regarding the ride along session on a form approved by the commission to the prospective buyer or seller of the home being inspected; and (C)will submit a certification of completion of a ride along inspection session on a form approved by the commission within one week of completion of the session. (f)To be approved as an instructor of Texas Standards of Practice/Legal/Ethics Update under §535.71(n) of this title or as an instructor of a ride along inspection course a person must have five years of active licensure as a professional inspector, and have: (1)Performed a minimum of 200 real estate inspections as a professional inspector; or (2)Three years of experience in teaching and/or sponsoring trainees or inspectors. [(b)Real estate inspection courses submitted by professional inspectors or real estate inspectors to satisfy the requirements of §1102.205 of Chapter 1102 for continuing education must qualify for core inspection credit under §535.212 of this title (relating to Education and Experience Requirements for a License) or be a course relating to wood destroying insects, radon, asbestos, lead, or other hazardous substances.] (g)[(c)] Courses submitted for continuing education credit must be successfully completed during the term of the current license. The commission may not grant continuing education credit twice for a [the same] course with substantially the same course content taken by a licensee within a three [two] year period. (h)[(d)] Other than for correspondence courses or courses offered by alternative delivery methods, such as by computer, completion of a final examination is not required for a licensee to obtain continuing education credit for a course. (i)[(e)] A professional inspector or real estate inspector who fails to renew a license that is subject to continuing education requirements and who files an application for reinstatement within two years after the previous license has expired must provide evidence satisfactory to the commission that the applicant has completed any continuing education that would have been required for timely renewal of the previous license. (j)[(f)] Providers may request continuing education credit be given to instructors of [core] real estate inspection courses subject to the following guidelines. (1)The instructors may receive credit for only those portions of the course which they teach. (2)The instructors may receive full course credit by attending all of the remainder of the course. (3)Instructors of ride along inspection course sessions may only receive up to 8 hours of continuing education credit for teaching the course per two year license renewal period. (k)[(g)] The commission will not grant partial credit to an inspector who attends a portion of a course. (l)Presentation of courses, advertising, record keeping, compliance and enforcement for inspector continuing education courses will be conducted in the same manner as provided for real estate licensees under §535.72 and §535.73 of this title (relating to Presentation of Courses, Advertising and Records; and Compliance and Enforcement).
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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