The Texas Real Estate Commission (TREC) proposes amendments to §535.210, Fees, and §535.215, Inactive Inspector Status in Subchapter R of Chapter 535, General Provisions. The proposed amendments to §535.210 eliminate the fee for inspectors for preparing certificates of active licensure or sponsorship. Eliminating the fee limits fund growth and provides more straightforward fee setting. The proposed amendments also removes the amount of the fee assessed for licensing examinations, which is established by the third-party examination vendor. The proposed amendments to §535.215 removes a provision that places a license on inactive status when an inspector applies to renew a license and pays the applicable fee, but who fails to complete the required continuing education as a condition for renewal. The provision is proposed for removal because it is no longer necessary. Previously it was needed to avoid a license holder who failed to complete required continuing education by the license expiration date from having to reapply for the license. Subsequently, a rule was added that allows license holders to pay a late renewal fee up to 180 days after license expiration. These proposed amendments are recommended by the Texas Real Estate Inspector Committee.

Chelsea Buchholtz, Executive Director, has determined that for the first five-year period the proposed amendments 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. Specifically, while the reduction in required hours in coursework may affect education provider businesses, a recent change in rule to reduce some class sizes may offset this potential impact to providers. In addition, the lower overall hour requirement could attract more students to take inspector licensure courses. As such, no adverse economic effect is anticipated.

There is no significant economic cost anticipated for persons who are required to comply with the proposed amendments. 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 sections as proposed are in effect, the public benefit anticipated as a result of the changes is reduced costs, increased flexibility, improved clarity and a simplified licensing process without redundancies that existed previously for license holders and seekers.

For each year of the first five years the proposed amendments 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;

--create a new regulation;

--expand, limit or repeal an existing regulation;

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

--positively or adversely affect the state's economy.

For each year of the first five years the proposed amendments are in effect the amendments will, however, decrease fees paid to the agency.

Comments on the proposal may be submitted by mail to Chelsea Buchholtz, Executive Director, 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 amendments 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.