(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 experience requirements established by the Commission [commission] pursuant to §1102.111 in subsection (f) or (g) of this section. (b) - (c)(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 [commission] considers an improvement to real property to be any unit capable of being separately rented, leased or sold, subject to the following restrictions: (1) - (4)(No change.) (5)The Commission [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)For the purpose of satisfying any requirement that an applicant hold a license for a period of time in order to be eligible for a license as a real estate inspector or professional inspector, the Commission [commission] shall not give credit for periods in which a license was on inactive status. An applicant for a real estate inspector license must have been licensed on active status for a total of at least three months within the 12 month period prior to the filing of the application. An applicant for a professional inspector license must have been licensed on active status for a total of at least 12 months within the 24 month period prior to the filing of the application. (f)Effective January 1, 2014, a person may satisfy the substitute experience requirements for licensure 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)(No change.) (B)either: (i)complete 20 hours of field work through ride along inspection course sessions as defined in §535.218 of this title , except there may be up to 10 students per session and 12 [ 40] hours of an approved classroom or alternative delivery interactive experience training module; (ii)complete 8 hours of Commission approved live interactive webinar sessions that meet all the requirements of a ride along inspection course session as defined in §535.218 of this title, except participation is via the internet and there may be up to 20 students per session, and 40 hours of an approved classroom or alternative delivery interactive experience training module; (iii)[(ii)] upon delivery of a Commission approved affidavit form that the applicant is unable to reasonably complete clause (i) or (ii) of this subparagraph, complete 20 [60] hours of an approved interactive experience training module presented by a licensed professional inspector [and submit a certificate of completion]; or (iv)[(iii)] have three years of 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 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)(No change.) (3)Subsection (f)(1)(B)(iii) [Paragraph (1)(B)(ii) of this subsection] will only be accepted to satisfy the substitute experience requirement if completed prior to March 1, 2015 [May 1, 2014]. (g)Effective January 1, 2014, a person may satisfy the substitute experience requirements for licensure 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)(No change.) (B)either: (i)complete 40 hours of field work through ride along inspection course sessions as defined in §535.218 of this title , except there may be up to 10 students per session and 24 [ 80] hours of an approved classroom or alternative delivery interactive experience training module; (ii)complete 16 hours of Commission approved live interactive webinar sessions that meet all the requirements of a ride along inspection course session as defined in §535.218 of this title, except participation is via the internet and there may be up to 20 students per session, and 80 hours of an approved classroom or alternative delivery interactive experience training module; (iii)[(ii)] upon delivery of a Commission approved affidavit form that the applicant is unable to reasonably complete clause (i) or (ii) of this subparagraph, complete 120 hours of an approved interactive experience training module presented by a licensed professional inspector [and submit a certificate of completion]; or (iv)[(iii)] have five years of 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 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)(No change.) (3)Subsection (g)(1)(B)(iii) [Paragraph (1)(B)(ii) of this subsection] will only be accepted to satisfy the substitute experience requirement if completed prior to March 1, 2015 [May 1, 2014]. (h)(No change.)
The agency certifies
that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on February 14, 2014
TRD-201400721 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: March 30, 2014
For further information, please call: (512) 936-3092
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