The Texas Real Estate Commission (TREC) adopts amendments to §535.210, concerning Fees, §535.216, concerning Renewal of License or Registration, and §535.218, concerning Inspector Continuing Education without changes to the proposed text as published in the November 4, 2005, issue of the Texas Register (30 TexReg 7162) and will not be republished.

The amendments are adopted to implement revisions to Texas Occupations Code Chapter 1102 enacted during the 79th Legislative Session, Regular Session, by Senate Bill 810, and to reflect the fact that home inspector licenses will go from a one-year renewal to a two-year renewal cycle in 2006 as authorized by revisions to Texas Occupations Code Chapter 1102 enacted during the 78th Legislative Session, Regular Session, by House Bill 1508.

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 §535.210 add a $10 fee to be charged corporations and limited liability companies applying for a Texas professional inspector license, and clarify that the $100 Inspector Recovery Fund fee does not apply to corporations and limited liability companies that apply for a professional inspector license. The amendments to §535.216 clarify that in order to renew a professional inspector license issued to a corporation or limited liability company, the entity must designate an officer, manager, or employee of the entity who meets the requirements of Chapter 1102, including continuing education requirements. The amendments to §535.218 clarify that a licensed apprentice, real estate or professional inspector must take the required hours of continuing education within the term of the current license, and further clarify that the commission may not give continuing education course credit twice for the same course taken by a licensee within a 2-year period. The commission was given authority under HB 1508 during the 78th Legislative Session to issue or renew an inspector license for a period not to exceed 24 months. Given this authority, the commission plans to implement the 2-year licensing and renewal program in April 2006. The amendments to §535.218 change the references from a 1-year period to a 2-year period for completion of continuing education to parallel the 2-year license.

The reasoned justification for the amendments is to provide clarity in the implementation of the statutory requirements for licensing of corporations and limited liability companies that engage in home inspections in Texas and to provide consistency with the implementation of a 2-year renewal program in April, 2006.

No comments were received regarding the amendments as proposed.

The amendments are adopted 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 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 amendments.