Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.221Advertisements
ISSUE 09/05/2014
ACTION Proposed
Preamble Texas Admin Code Rule

(a)(No change.)

(b)Advertisements by a person licensed as an inspector must contain the name or assumed business name of the license holder [licensee]. The advertisements must also contain the license number of the person. If the person is licensed as a real estate inspector or as an apprentice inspector, the advertisements must also contain the following:

  (1) - (2)(No change.)

(c)A licensed professional inspector, real estate inspector or apprentice inspector shall notify the Commission [ commission] in writing within 30 days after the inspector starts or stops using a name in business other than the name in which the inspector is licensed.

(d)Websites containing advertising by one or more inspectors must include the license number of each licensed person whose name or assumed business name appears on the website. For the purposes of an inspector's or inspection company's own website, it is sufficient for the license number(s) to appear on a single prominent page of the website, such as the main page or the "About Us" page. For the purposes of social networking websites, including websites through which license holders [licensees] may transmit electronic messages to other members of the same site, it is sufficient for license number(s) to appear on the inspector's main or profile page.

(e)The Commission [commission] may reprimand or suspend or revoke the license of a person who is found to have engaged in false or misleading advertising or to have failed to comply with provisions of this section.

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-201404060

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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