The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to §535.208, concerning Application for a License, and new §535.209, concerning Professional Inspector Corporations and Limited Liability Companies. The amendments and new rule are adopted on an emergency basis to comply with new legislation that included revisions to Texas Occupations Code, Chapter 1102, enacted during the 79th Legislative Session, Regular Session, by Senate Bill 810. The effective date of Senate Bill 810 is September 1, 2005. The adoption of the emergency amendments and new rule permits TREC to comply with the effective date required by Senate Bill 810.

Chapter 1102 was revised to require licensing and renewal of corporations and limited liability companies that engage in professional home inspecting for buyers and sellers in Texas. The amendments to §535.208 adopt by reference two new application forms to be used by corporations and limited liability companies applying for a professional inspector license. New §535.209 further clarifies licensing requirements for resident and non-resident corporations and limited liability corporations that act as professional inspectors in Texas. Certain foreign corporations and limited liability companies that are licensed as professional inspectors or the equivalent in another state may apply for a Texas professional inspector license as long as the designated person is a licensed professional inspector.

The amendments and new rule are being simultaneously proposed for permanent adoption in accordance with the Texas Government Code, Chapter 2001, §2001.034. The proposed rules are published in the Proposed Rules section of this issue of the Texas Register.

The amendments and new rule are adopted on an emergency basis under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to insure compliance with the provisions of the Act.