(a)Application.
(1)A person who intends to be licensed by the Commission
must: [file an application for the license:]
(A)file an application for the license through
the online process approved by the Commission[;] or
[(B)]on a form approved by the Commission
for that purpose; and
(B)[(C)] submit the required
fee under §535.210 of this chapter [title]
(relating to Fees).
(2)The Commission will reject an application submitted
without a sufficient filing fee.
(3)The Commission may request additional information
be provided to the Commission relating to an application.
(b)General Requirements for Licensure.
(1)To be eligible for any inspector license, an applicant
must:
(A)meet the following requirements at the time of
the application:
(i)be 18 years of age;
(ii)be a citizen of the United States or a lawfully
admitted alien;
(B)comply with the fingerprinting, education, experience
and examination requirements of the Act, Chapter 1102, and [
or] the rules of the Commission;
(C)meet the honesty, trustworthiness, and integrity
requirements under the Act; and
(D)provide proof of financial responsibility as required
by Chapter 1102.
(2)The fact that an individual has had disabilities
of minority removed does not affect the requirement that an applicant
be 18 years of age to be eligible for a license.
(c)License for military service members, veterans,
or military spouses. Unless otherwise excepted under §535.58
of this chapter [title] (relating to License
for Military Service Members, Veterans, or Military Spouses), an applicant
who is a military service member, veteran, or the spouse of a person
who is on full-time military service in the armed forces of the United
States or serving on active duty as a member of the armed forces of
the United States must meet all requirements of this section.
(d)Terminated application. An application will be
terminated and subject to no further evaluation or processing if the
applicant fails to satisfy the requirements of subsection (b)(1) of
this section within one year from the date the application is filed.
(e)Denial of application.
(1)An application for a license may be denied if the
Commission determines that the applicant has failed to satisfy the
Commission as to the applicant's honesty, trustworthiness and integrity
or if the applicant has been convicted of a criminal offense which
is grounds for disapproval of an application under §541.1 of
this title (relating to Criminal Offense Guidelines). Notice of the
denial and any hearing on the denial shall be as provided in §1101.364,
Texas Occupations Code, [§1101.364,] and §535.34
of this chapter [title] (relating to Sales
Agents [Salesperson] Employed by an Owner of Land
and Structures Erected by the Owner).
(2)Procuring or attempting to procure a license by
fraud, misrepresentation or deceit or by making a material misstatement
of fact in an application is grounds to deny the application or suspend
or revoke the license. It is a violation of this section for a sponsoring
professional inspector knowingly to make a false statement to the
Commission in an application for a license for an apprentice or a
real estate inspector.
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 15, 2023
TRD-202300750 Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2023
For further information, please call: (512) 936-3284
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