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Texas Register Preamble


The Texas Real Estate Commission (TREC) adopts amendments to §535.227, Standards of Practice: General Provisions; §535.228, Standards of Practice: Minimum Inspection Requirements for Structural Systems; §535.229, Standards of Practice: Minimum Inspection Requirements for Electrical Systems; §535.230, Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems; §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems; §535.232, Standards of Practice: Minimum Inspection Requirements for Appliances; §535.233, Standards of Practice: Minimum Inspection Requirements for Optional Systems; and §535.223, Standard Inspection Report Form, and the form adopted by reference, in Subchapter R of Chapter 535, General Provisions, with non-substantive changes to the proposed text as published in the May 21, 2021, issue of the Texas Register (46 TexReg 3228) with a correction to the preamble in the May 28, 2021, issue (46 TexReg 3459). The rules will be republished.

The amendments to §535.227 require an inspector to use all reasonable and appropriate tools necessary to comply with the requirements of Standards of Practice and specifies that if an inspector provides services beyond the scope of the Standards of Practice as part of a real estate inspection must be competent to provide those services. Additionally, the amendments to §535.227 clarify that an inspector cannot perform an inspection for a client until they have notified the client of any systems or components the inspector does not routinely inspect that are otherwise required by the Standards of Practice. Finally, the amendments to §535.227 include a new definition for "gas distribution system" to conform to changes made by amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

The amendments to §535.228 update requirements for garage doors to better reflect current building code requirements and clarify reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

The amendments to §535.229 update the requirements for electrical systems to better reflect current building code requirements.

The amendments to §535.230 clarify what an inspector is required to do and report when determining if a HVAC system is functioning properly. The amendments to §535.230 also clarify reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

The amendments to §535.231 require an inspector to report the material used for water supply lines, water drain lines, and the gas distribution system, specify that certain items are required to be reported when only when visible, and require an inspector to report water pressure exceeding 80 PSI. The amendments to §535.231 move the requirements related the inspection of a gas distribution system that are currently contained in various other sections of the Standards of Practice to a new subsection (d) of this section and clarify reporting requirements for gas fixtures and appliance listed under this section to conform to the new subsection (d).

The amendments to §535.232 move the general exception to the requirements of this section to the end of the rule to mirror other sections of the Standards of Practice. The amendments to §535.232 also update the requirements for bathroom ventilation to better reflect current building code requirements, specify that certain items are required to be reported when only when visible, and clarify the reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

The amendments to §535.233 add an optional reporting requirement for built-in appliances, specify that an inspector is not required to report on the performance of an underground zone of a sprinkler system, and clarify that private sewage system is not limited to a septic system.

The amendments to §535.223 and the form adopted by reference clarify the requirement when an inspector uses computer software or other means to produce an inspection report to ensure that in complies with established reporting requirements.

The amendments were recommended by the Texas Real Estate Inspector Committee (Committee).

Twenty-four comments were received on the amendments to the Standards of Practice ("SOP") as published. The Texas Real Estate Inspector Committee ("Committee") reviewed all public comments received both through a meeting of the Inspector SOP Subcommittee and a regular Committee meeting.

Multiple comments were made regarding whether the term "competency" needed to be defined. The Committee determined such a definition was not needed and that TREC Enforcement is able to determine competency during the course of its complaint investigations. Multiple comments were made regarding overall numbering and consistency in the terminology used throughout the rule. The Committee recommended those changes be made. Multiple comments recommended changing the term "garage door" to "garage doorway," which tracks language found in code. The Committee recommended this change be made. Multiple comments recommended adding language clarifying that an inspector must call out as deficient "the absence of" arc-fault protection in certain locations under §535.229(b)(1)(C)(ii). The Committee recommended this change be made.

After lengthy discussion of comments related to §535.229 and the need to clarify language related to non-tamper resistant receptacles less than five and a half fee above the floor, changes were also recommended by the Committee to make this change. Finally, in response to public comment, the Committee recommended the addition of language to §535.232 clarifying that an inspector is not required to operate or determine the condition of other built in appliances, except as provided under §535.233(h) related to optional systems.

Nine comments were received specific to changes made to the Inspection Report Form under §535.223. One comment requested alternate capitalization of language in the form, which the Committee did not recommend making a change to because it was unnecessary. One comment requested a voluntary use period, which will be implemented at the agency level and does not require any change be made to the rule as originally proposed.

Several comments noted there may be issues with software companies implementing some of the changes to the form; however, research was conducted by the SOP subcommittee during drafting of revisions that indicates this will not be a major issue. As such, the Committee did not recommend any changes in response to those comments.

One commenter requested correcting what he perceived and a longtime drafting issue on the report form. The committee disagreed that this was an error and did not recommend making any changes.

The Committee noted that the form rule as proposed did not reflect the addition of the "other" reporting category to all sections of the report form. Inspectors are allowed to delete the "other" section from the applicable sections of report if it is not utilized. Because the "other" section was added to all sections of the form, the Committee recommended amending the form rule to reflect that addition. There were two comments opposed to the changes generally, which did not result in any recommended changes.

The Commission adopted the non-substantive changes recommended by the Texas Real Estate Inspector Committee as described above.

Statutory Authority

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.



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