The Texas Real Estate Commission (TREC) adopts amendments to §535.209, concerning Examinations, with changes to the proposed text as published in the June 1, 2012, issue of the Texas Register (37 TexReg 3982).

The amendments adopt the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors for the national section of the examination, including the cut score established by the Examination Board, and require that home inspector applicants must achieve a set passing score for the state section of the home inspector examinations to pass the examination. In addition, the amendments waive the requirements to take the national section of the examination of an applicant for a real estate or professional inspector license if the applicant maintains an active license in another state and has passed the national home inspector examination.

The difference between the rule as proposed and adopted is the addition of an effective date of January 1, 2013, changing "Examining" to "Examination," and changing the reference from "section" to "part" to be consistent with amendments to 22 TAC §535.210. Also, a new subsection (d) is added which provides a waiver for applicants who have failed the existing exam prior to the effective date.

The revision to the rule as adopted does not change the nature or scope so much that it could be deemed a different rule. The rule as adopted does not affect individuals other than those contemplated by the rule as proposed. The rule as adopted does not impose more onerous requirements than the proposed rule.

The reasoned justification for the rule is the availability of more competent home inspector licensees.

No comments were received on the rule as proposed.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The statutes affected by this adoption are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the amendments.