The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to §535.206, concerning the Texas Real Estate Inspector Committee, §535.208, concerning Application for a License and adopts by reference new Form REI 8-0, Certificate of Insurance, §535.210, concerning Fees, new §535.211, concerning Professional Liability Insurance, §535.212, concerning Education and Experience Requirements for an Inspector License, §535.215, concerning Inactive Inspector Status, §535.216, concerning Renewal of License or Registration, and §535.224, concerning Practice and Procedure. The amendments and new rules are adopted on an emergency basis to comply with new legislation that included revisions to Texas Occupations Code Chapter 1102 enacted during the 80 Legislative Session, Regular Session, by Senate Bill 914 and House Bill 1530. The effective date of SB 914 and HB 1530 is September 1, 2007. The adoption of the emergency revisions and new rule permits TREC to comply with the effective date required by both bills.

The amendments to §535.206 provide the standards for membership on the Real Estate Inspector Advisory Committee, the amendments to §535.208 provide for home inspector applicants to show proof of professional liability insurance, the amendments to §535.210 establish the fee for an educational evaluation of $30, new §535.211 provides for home inspector applicants to show proof of professional liability insurance, the amendments to §535.212 provide that under the alternative licensing method for a real estate and professional inspector license, an applicant must have education and experience in lieu of the traditional requirements under three-tier method of licensure, the amendments to §535.215 provide that a license will revert to inactive status if a licensee is unable to maintain professional liability insurance coverage as required by law, the amendments to §535.216 provide for home inspector renewal applicants to show proof of professional liability insurance, and the amendments to §535.224 delete provisions that authorized the committee to hear disciplinary cases as such cases must, under the new laws, be heard by the State Office of Administrative Hearings.

The amendments 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 this emergency adoption are Texas Occupations Code, Chapters 1101 and 1102 and Senate Bill 914, and House Bill 1530, 80th Legislature, R.S. No other statute, code or article is affected by the adopted amendments.