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Texas Register Preamble


The Texas Real Estate Commission (TREC) proposes amendments to §535.223, concerning Standard Inspection Report Form. The amendments are proposed to track revisions to the inspector standards of practice as proposed under a separate submission. The amendments also clarify how the form is to be used by an inspector and in what ways an inspector is authorized to modify the form. The amendments provide an additional exemption for inspectors conducting inspections on single component systems, which are defined by the rule. The amendments adopt by reference a new Property Inspection Form (REI 7-3) and removes the requirements for the two current forms, REI 7A-1 and REI 7-2.

The proposed amendments have been recommended by the Texas Real Estate Inspector Committee, an advisory committee of six professional inspectors and three public members appointed by TREC, to correspond to proposed revisions to the inspector standards of practice that are proposed elsewhere in this issue of the Texas Register.

Kerri T. Galvin, Deputy General Counsel, has determined that for the first five-year period the amendments are in effect there will be no significant fiscal implications for the state or for units of local government as a result of enforcing or administering the amended section. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the amended section. There may be a small cost to some licensees who may have to purchase upgrades to inspection report software, but this minimal cost is outweighed by the benefit to the public.

Ms. Galvin also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amended section will be increased clarity for inspectors and consumers alike regarding the use of the standard inspection report form.

Comments on the proposal may be submitted to Kerri T. Galvin, Deputy General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, §1101.151, which authorizes TREC 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.

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



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