(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. Examination results are
valid for a period of one year from the date the examination is passed.
(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 chapter [title]
(relating to Examinations). An applicant is eligible to take a qualifying
examination for a license after 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 accepted an application
for filing, including passing both parts of the examination, the application
is terminated and a new application is required.]
[(e)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.]
[(g)Subsections (c) through (f) of
this section expire on February 28, 2021.]
(c)[(h)] Exam Eligibility. [
Effective March 1, 2021. The following eligibility requirements apply
to applicant who takes the examination for licensure on or after March
1, 2021:]
(1)Before the applicant is eligible to take the national
portion of the examination, the applicant must submit evidence
of completion of the following courses to the Commission:
(A)Property and Building Inspection Module I;
(B)Property and Building Inspection Module II;
(C)Business Operations and Professional Responsibilities
Module; and
(D)Analysis of Findings and Reporting Module, if required
for licensure under §535.214 of this subchapter [title
] (relating to Education and Experience Requirements for Licensure).
(2)Before the applicant is eligible to take the state
portion of the examination, the applicant must submit evidence of
completion of the following coursework to the Commission, if required
for licensure under §535.214 of this subchapter [title
]:
(A)Texas Law Module;
(B)Texas Standards of Practice Module; and
(C)Texas Practicum.
(3)If the applicant has previously passed the national
portion of the examination, before the applicant is eligible to take
the state portion of the examination, the applicant:
(A)must submit evidence of completion of the required
coursework as provided under [this] subsection (c)(2) [
(h)(2)] of this section; and
(B)is not required to complete coursework outlined
under subsection (c)(1) [(h)(1)] of this section.
(4)If the applicant fails the examination three consecutive
times, the applicant may not apply for reexamination or submit a new
license application unless the applicant submits evidence to the Commission
that the applicant has successfully completed additional qualifying
education after the date of the third failed examination, as follows:
(A)for an applicant who failed the national part of
the examination, Property and Building Inspection Module I or Property
and Building Inspection Module II; or
(B)for an applicant who failed the state part of the
examination, Texas Law Module, or Texas Standards of Practice Module.
(5)If [if] the applicant chooses to take
the national portion and state portion of the exam separately, the
national portion must be taken before the state portion of the exam.
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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