The Texas Real Estate Commission (TREC) adopts amendments to §535.210, Fees and §535.215, Inactive Inspector Status, in Subchapter R of Chapter 535, General Provisions, without changes to the proposed text, as published in the February 28, 2020, issue of the Texas Register (45 TexReg 1300) and will not be republished.

The 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 amendments also removes the amount of the fee assessed for licensing examinations, which is established by the third-party examination vendor. The 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 adopted 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 amendments were recommended by the Texas Real Estate Inspector Committee.

One comment was received. The commenter disagreed with the rule and believed real estate inspectors should be placed on inactive status as they completed outstanding required continuing education. The Commission declined to make any changes as changes would be in conflict with new rules adopted by the Commission, which provide for an inspector to pay a late renewal fee up to 180 days after license expiration.

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.