The Texas Real Estate Commission (TREC) adopts the repeal of §535.223 concerning standard inspection report forms as published in the September 5, 2008, issue of the Texas Register (33 TexReg 7403). The repeal is necessary because the subjects addressed in this section will be covered in new §535.222 and §535.223 TREC is simultaneously adopting as part of the Real Estate Inspector Committee's comprehensive review and recommendations regarding inspector standards of practice and reporting requirements. The new §535.222 and §535.223, otherwise explained in this issue of the Texas Register, adopt by reference a revised standard inspection report form, clarify that a written inspection report is required for all inspections performed pursuant to an inspector license issued by TREC, and clarify when the standard form is required and how it may be modified by licensees. The repeal will be effective February 1, 2009.

The reasoned justification for the repeal as adopted is clarification for inspectors and consumers alike regarding the use of the standard inspection report form.

No comments were received regarding the repeal as proposed. The Commission received comments regarding new §535.223 as proposed; those comments are addressed in this issue of the Texas Register in conjunction with the adoption of the new section.

The repeal 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 ensure compliance with the provisions of the Act.