The Texas Real Estate Commission (TREC) proposes 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 proposed to implement revisions to Texas Occupations Code, Chapter 1102 enacted during the 79th Legislative Session, Regular Session, 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 proposed rules are being simultaneously adopted as emergency rules in the Emergency Rules section of this issue of the Texas Register.

Loretta R. DeHay, general counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for the state as a result of enforcing or administering the sections. There are no anticipated fiscal implications for units of local government. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the sections.

Ms. DeHay also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be clarity in the implementation of the statutory requirements for licensing to assist interested person in the application process. The anticipated economic cost to persons who are required to comply with the proposed amendments and new rule will be the $60 fee to apply for a license and the $100 Inspector Recovery Fund fee required of all new licensees.

Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments and new rule are proposed 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.

The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102 and Senate Bill 810, 79th Legislature, R.S. No other statute, code or article is affected by the proposed amendments and new rule.