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(a)For the purposes of this section, an "inactive" inspector is a licensed professional inspector, real estate inspector, or apprentice inspector who is not authorized by law to engage in the business of performing real estate inspections as defined by Texas Civil Statutes, Article 6573a, §23, (the Act), and who has been placed on inactive status by the commission for any of the following reasons: (1)the written request of the inspector to be placed on inactive status; (2)termination of sponsorship by a professional inspector; (3)the death of the inspector's sponsoring professional inspector; (4)the failure of the licensee to satisfy continuing education requirements for an active license; or (5)the expiration, suspension, or revocation of the license of the inspector's sponsoring professional inspector. (b)To be placed on inactive status by request, an inspector must do the following: (1)apply to the commission on a form approved by the commission for that purpose, or by a letter containing the inspector's name, license number and current mailing address; (2)if the inspector is a licensed professional inspector, confirm in writing that the inspector has given any real estate inspectors or apprentice real estate inspectors sponsored by the inspector written notice that the inspector will no longer be their sponsor at least 30 days prior to filing the request for inactive status; and (3)return the inspector's license certificate to the commission. (c)A professional inspector who has been placed on inactive status may apply to the commission for return to active status on a form approved by the commission. A professional inspector may apply on a form approved by the commission to sponsor an apprentice inspector or real estate inspector who has been on inactive status. The commission may not return an inspector to active status or issue a license certificate to the inspector unless the inspector has completed within one year prior to the filing the request for return to active status any applicable continuing education courses required for renewal of the type of license held by the inspector or satisfied the continuing education requirements in order to obtain the current license. (d)An inspector who applies to renew a license and pays the applicable fee but who fails to complete any continuing education required by the Act as a condition of license renewal shall be placed on inactive status by the commission. The inspector must comply with the requirements of this section in order to return to active status. (e)If a professional inspector terminates the sponsorship of an apprentice real estate inspector or real estate inspector, the license of the apprentice inspector or real estate inspector becomes inactive. The apprentice real estate inspector or real estate inspector must be sponsored by a professional inspector in order to return to active status. (f)Inactive inspectors may not perform inspections. Performance of inspections while on inactive status is grounds for disciplinary action against the inactive licensee. An professional inspector who has been placed on inactive status may not return to practice or sponsor apprentices or inspectors until the professional inspector has completed applicable continuing education requirements and , if the inspector was placed on inactive status at the inspector's own request, applied to the commission for return to active status and paid the applicable fee for the filing. An apprentice inspector or real estate inspector who has been placed on inactive status may return to practice if the inspector has completed applicable continuing education requirements, and the inspector's sponsoring professional inspector has requested that the apprentice inspector or real estate inspector be returned to active status under the professional inspector's sponsorship in accordance with the provisions of this section. It is a violation of this section and grounds for disciplinary action against a professional inspector for the professional inspector to permit an inactive apprentice inspector or an inactive real estate inspector to perform inspections in association with, or on behalf of, the professional inspector.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on October 30, 2001
TRD-200106662 Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date:
November 19, 2001
Proposal publication date: September 28, 2001
For further information, please call: (512) 465-3900
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