The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §§535.208, 535.209, 535.216, 535.219, 535.220, and 535.224 in Subchapter R, Real Estate Inspectors. Section 535.520 is adopted with changes to the proposed text as published in the September 4, 2015, issue of the Texas Register (40 TexReg 5714). The other sections are adopted without changes.

The amendments to §535.208, Application for License, and §535.216, Renewal of License, align those rules with statutory changes to Chapter 55, Texas Occupations Code, adopted by the 84th Legislature.

The amendments to §535.209, Examinations, were recommended by the Texas Real Estate Inspector Advisory Committee to clarify when the Commission may waive the national portion of the inspector examination.

The amendments to §535.219, Schedule of Administrative Penalties, §535.220, Professional Conduct and Ethics, and §535.224, Practice and Procedure, align those rules with statutory changes to Chapter 1101, Texas Occupations Code, adopted by the 84th Legislature.

The reasoned justification for the amendments is consistency with statutory provisions, greater consumer protection and clarity.

No comments were received on this proposal as published; however, staff recommended a change to the name of the Consumer Notice to Consumer Protection Notice for greater clarity.

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 license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

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