Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.216Renewal of License
ISSUE 09/05/2014
ACTION Proposed
Preamble Texas Admin Code Rule

(a)A person licensed by the Commission [commission ] under Chapter 1102 may renew the license by timely filing the prescribed application for renewal, complying with the fingerprinting and TGSLC requirements in §535.95 of this title [(relating to Miscellaneous Provisions Concerning License or Registration Applications or Renewals, Including Fingerprinting Requirements)], paying the appropriate fee to the Commission [commission] and satisfying applicable continuing education requirements as required by Chapter 1102[,] and [by §535.218 of] this subchapter [title (relating to Continuing Education) ], and providing to the Commission [commission] proof of financial responsibility as required by [§1102.1141 of] Chapter 1102 using a form approved by the Commission [ commission] for that purpose.

(b)A license holder [licensee] also may renew an unexpired license by accessing the Commission's website [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 [ commission].

(c)The Commission [commission] shall send a renewal notice to each license holder [licensee ] at least 90 days prior to the expiration of the license. 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 license holder [ licensee] to apply for renewal, and failure to receive a renewal notice does not relieve the license holder [licensee] of the responsibility of applying for renewal.

(d)A license holder [licensee] shall provide information requested by the Commission [commission ] in connection with an application to renew a license within 30 days after the Commission [commission] requests the information. Failure to provide information requested by the Commission [commission] in connection with a renewal application within the required time is grounds for disciplinary action under [§1101.656 of] the Act.

(e)Licensed professional inspectors, real estate inspectors and apprentice inspectors may renew a license on inactive status. Inspectors are not required to complete continuing education courses as a condition of renewing a license on inactive status but must satisfy continuing education requirements before returning to active status.

(f)If the license has expired, the license holder [ licensee] may not renew but must file an original application to reinstate the license and may not practice until the new license is received. If the applicant for reinstatement has held a professional inspector or real estate inspector license during the 24 months preceding the date the application is filed, no examination is required.

(g)To renew a license on active status without any lapse in active licensure, an apprentice or real estate inspector must also submit a Real Estate Apprentice and Inspector Sponsorship Form certifying sponsorship for the period from the day after the previous license expired to the day the renewal license issued, and for the period beginning on the day after the renewal license issued. The same inspector may be the sponsor for both periods. The Commission [commission] shall renew the license on inactive status for the period(s) in which the apprentice or real estate inspector was not sponsored.

(h)If the license has been expired for six months or more, the licensee may not renew but must file an original application to reinstate the license and may not practice until the new license is received. If the applicant for reinstatement has held a professional inspector or real estate inspector license during the 24 months preceding the date the application is filed, no examination is required.

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 August 25, 2014

TRD-201404056

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: October 5, 2014

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



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