The Texas Real Estate Commission (TREC or the commission) proposes the repeal of §535.212, regarding Education and Experience Requirements for an Inspector License, §535.213, regarding Schools and Courses of Study in Real Estate Inspection, and §535.214, regarding Examinations, Providers of Real Estate Inspections Courses.

The proposed repeal of these provisions reflects a non-substantive reorganization of 22 TAC Chapter 535, Subchapter R, to improve readability of the rules based on changes identified through the agency's rule review process. Other provisions throughout the rules modify language to allow the agency and its licensees to better take advantage of opportunities for online license management, as well as electronic delivery of notices and license certificates.

The current §535.212, Education and Experience Requirements for an Inspector License, is proposed for repeal and proposed new §535.212, Education and Experience Requirements for an Inspector License, would reorganize the provisions of the section and allocate the number of hours of education required by Chapter 1102 for licensure as a real estate inspector or professional inspector among the core subject matter areas.

The current §535.213, Schools and Courses of Study in Real Estate Inspection, is proposed for repeal and new §535.213, Approval of Courses in Real Estate Inspection, would reorganize the provisions of the section and increase the maximum amount of classroom course time that may be spent on field work from 10% to 50% and would further define a core course area of "legal/ethics."

The repeal of §535.214 is proposed as a part of a reorganization of the rules resulting from the agency's rule review process. The Examinations section of the rules regarding inspectors is being moved to new §535.209.

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

Ms. Bijansky also has determined that, for each year of the first five years the repeals as proposed are in effect, the public benefit anticipated as a result of enforcing the repeals will be greater readability of the rules regarding inspectors.

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 repeals 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 these proposed repeals is Texas Occupations Code, Chapter 1102. No other statute, code or article is affected by the proposal.