The Texas Real Estate Commission (TREC) adopts an amendment to §535.223, concerning standard inspection report forms without changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10240) and will not be republished. The amendment deletes a provision that exempts home inspectors from the requirement to use the promulgated Inspection Report Form for inspections for which a relocation company or a seller's employer requires use of a different form. Thus licensed home inspectors must use the promulgated Inspection Report Form for such inspections. Nothing in the rule would prohibit an inspector from attaching a form required by a relocation company or seller's employer to the promulgated Inspection Report Form.

The amendment was recommended by the Texas Real Estate Inspector Committee, an advisory committee of nine professional inspectors appointed by TREC.

TREC received three comments on the amendment, including a comment from the Worldwide ERC. One comment was in favor of the amendment.

One commenter opposed the amendment because of alleged misconduct and conflict of interest by one of the Texas Real Estate Inspector Committee (TREIC) members for filing ''frivolous'' complaints in 2004 against the commenter apparently related to alleged violations of current §535.223.

The commission believes that any alleged misconduct on the part of one TREIC member related to a closed complaint is not a sufficient reason to delay taking action on the amendment.

One commenter opposed the amendment because the ERC Relocation Home Inspector Report form is widely used for relocation inspections and the uniformity of forms is critical in the relocation industry. The commenter also suggests as an alternative that stronger disclosures could be required when the ERC form is utilized.

The commission respectfully disagrees with the commenter and believes that uniformity and consistency of inspection report forms promulgated by TREC for use in all home inspections for buyers and sellers in Texas provides neutral, across the board consumer protection. As stated above, the ERC form may be attached to the promulgated Inspection Report Form if required by the parties.

The reasoned justification for the amendment is to provide consistency for home inspectors that are required to use the standard inspection report form.

The amendment is 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 this adoption are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the adopted amendment.