The Texas Real Estate Commission (TREC) proposes amendments to §535.208, Application for a License. The amendments would better implement the statutory requirement that applicants for inspector licenses who fail the examination three times must wait six months before reapplying. Currently, applicants may circumvent the six-month wait requirement by filing a new application after the second failure, so that a third failure is registered as occurring under a different application. The proposed amendment would prevent applicants from filing a new application while another application is pending.

Devon V. Bijansky, Deputy General Counsel, has determined that for the first five-year period the amendments are 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 amendments. There is no anticipated economic cost to persons who are required to comply with the proposed amendments. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the amendments.

Ms. Bijansky also has determined that, for each year of the first five years the amendment as proposed are in effect, the public benefit anticipated as a result of enforcing the amendment will be more complete implementation of the statutory waiting period.

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

The amendments are 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 Chapter 1102 to ensure compliance with the provisions of the chapter.

The statute affected by this proposal is Texas Occupations Code, Chapter 1102. No other statute, code or article is affected by the proposed amendments.