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. TREC is simultaneously withdrawing existing emergency amendments to §535.208 and new §535.209 which appeared in the September 2, 2005, issue of the Texas Register (30 TexReg 5115). 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 SB 810 is September 1, 2005. The adoption of the emergency amendments and new rule permits TREC to continue to comply with the effective date required by SB 810, and includes new revisions to the application form that is adopted by reference.

Chapter 1102 was revised to required 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 a form to be used by corporations and limited liability companies applying for a professional inspector license and provides for a $10 application fee. 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 Texas licensed professional inspector.

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.

The statutes affected by the amendments and new rule are Texas Occupations Code, Chapters 1101 and 1102 and Senate Bill 810, 79th Legislature, R.S (2005).