Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.209Examinations
ISSUE 11/20/2015
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Examinations for licensure.

  (1)The examination for a real estate inspector license and for a professional inspector license consists of a national part and a state part.

  (2)The Commission adopts the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors for the national portion of the examination. For the state portion of the examination, questions shall be used which measure competency in the subject areas required for a license by Chapter 1102, and which demonstrate an awareness of its provisions relating to inspectors.

  (3)Each real estate inspector applicant must achieve a score of at least 70% on the state portion of the examination. Each professional inspector applicant must achieve a score of at least 75% on the state portion of the examination.

(b)Administration of examination. Except as otherwise required by Chapter 1102 or this section, examinations shall be conducted as provided by §535.57 of this title. An applicant is not eligible to take a qualifying examination for a license until the Commission has received evidence of completion of all education and experience required by this subchapter.

(c)Waiver of national portion of examination requirement. The Commission may waive the national portion of the examination of an applicant for a real estate or professional inspector license if the applicant:

  (1)currently holds an active real estate inspector license in another state or actively practices as a home inspector in compliance with the laws of another state; and

  (2)has passed the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors.

(d)If the applicant has not satisfied all requirements within one year from the time the commission accepted an application for filing, including passing both parts of the examination, the application is terminated and a new application is required.

(e)Examination results are valid for a period of one year from the date the examination is passed. An examination is considered passed when an applicant has received a passing grade on both parts of the examination.

(f)An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the commission that the applicant has completed additional core education as follows, after the date the applicant failed the examination for the third time:

  (1)for an applicant who failed the national part of the examination, 32 hours;

  (2)for an applicant who failed the state part of the examination, 8 hours; and

  (3)for an applicant who failed both parts of the examination, 40 hours.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 6, 2015

TRD-201504799

Kristen Worman

Deputy General Counsel

Texas Real Estate Commission

Effective date: January 1, 2016

Proposal publication date: September 4, 2015

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



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