Texas Register Preamble

The Texas Real Estate Commission (TREC) proposes new §535.222, concerning inspection reports. The new rule clarifies the inspection reporting requirements as recommended by the Texas Real Estate Inspector Committee, an advisory committee of six professional inspectors and three public members appointed by TREC. The new rule clarifies that all inspections performed pursuant to an inspector license issued by TREC must be reported in writing and establishes general requirements regarding information contained in the report and delivery to the client.

Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the new rule is in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the new rule. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the new rule. There is no anticipated economic cost to persons who are required to comply with the proposed new rule.

Ms. Bijansky also has determined that for each year of the first five years the new rule as proposed is in effect, the public benefit anticipated as a result of enforcing the new rule will be increased clarity for inspectors and consumers alike regarding the requirements of a written inspection report.

Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The new rule is 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 ensure compliance with the provisions of the Act.

The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed new rule.

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