The Texas Real Estate Commission (TREC) proposes the repeal of §535.212, Education and Experience Requirements for a License, and §535.213, Qualifying Real Estate Inspector Instructors and Courses, in Chapter 535, General Provisions. These proposed repeals are recommended by the Texas Real Estate Inspector Committee. The Committee is recommending new §535.212 and §535.213 to streamline inspector pre-licensing education requirements pursuant to the recent Sunset Advisory Commission recommendations to ensure the rules are "meaningful, efficient, and not unnecessarily burdensome." The repeals were necessary due to the significant changes proposed.

Chelsea Buchholtz, General Counsel, has determined that for the first five-year period the proposed 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 sections. There is no adverse economic effect anticipated for small businesses, micro-businesses, rural communities, or local or state employment as a result of implementing the proposed amendments. There is no significant economic cost anticipated for persons who are required to comply with the proposed repeals. Accordingly, no Economic Impact Statement or Regulatory Flexibility Analysis is required.

Ms. Buchholtz 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 ease of determining the education and experience required to become a qualified real estate inspector.

For each year of the first five years the proposed repeals are in effect the amendments will not:

create or eliminate a government program;

require the creation of new employee positions or the elimination of existing employee positions;

require an increase or decrease in future legislative appropriations to the agency;

require an increase or decrease in fees paid to the agency;

create a new regulation;

expand, limit or repeal an existing regulation;

increase or decrease the number of individuals subject to the rule's applicability;

positively or adversely affect the state's economy.

Comments on the proposal may be submitted to Chelsea Buchholtz, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188 or via email to general.counsel@trec.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The repeals are proposed 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.

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