The Texas Real Estate Commission adopts on an emergency basis amendments to §535.208, concerning Application for a License by adding new subsections (g) and (h) and §535.216, concerning Renewal of License or Registration by adding new subsections (g) - (j).

The amendments concern satisfaction of renewal and application requirements for home inspector licensees and applicants who reside or whose principal place of business is in Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington Counties and who were significantly affected by Hurricane Ike.

The amendments outline the conditions under which the commission will defer renewal of home inspector licenses for licensees who are unable to timely renew and otherwise meet all renewal requirements for an active license because of Hurricane Ike. The amendments permit affected home inspectors to take up to four months to complete all of the renewal requirements under Chapter 1102 of the Texas Occupations Code. The extension option will be available only for licensees who satisfy the criteria in the rule and whose licenses expire between September 30, 2008 and February 28, 2009. For licenses that expire after that date, the license renewal is subject to the Act and existing Rules. If a licensee fails to pay the renewal fees within the four month period, the license will expire at the end of the four month period. If a licensee fails to complete continuing education or provide proof of liability insurance coverage, the license will go inactive at the end of the four month period until such time that the licensee meets all renewal requirements.

For persons with pending applications for a home inspector license who are impacted by Hurricane Ike and live or work in the counties described above, the emergency amendments extend the expiration date of the application for a period of four months in order to complete any examination requirement. The provisions do not apply to any application that expired prior to September 7, 2008.

As a result of the proclamations by the Governor of the State of Texas dated September 7, and 12, 2008, declaring a state of emergency due to Hurricane Ike, the Texas Real Estate Commission has determined that the conditions outlined in §2001.034 of the Texas Government Code concerning emergency rulemaking have been satisfied to adopt on an emergency basis amendments to §535.208, concerning Application for a License and §535.216, concerning Renewal of License or Registration for licensees and applicants residing in or whose principal place of business is in the Texas counties detailed above who were significantly affected by Hurricane Ike.

The amendments are adopted on an emergency basis under The Real Estate License Act (the Act), 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. No other statute, code or article is affected by the adopted amendments.