The Texas Real Estate Commission (TREC) proposes amendments to §535.208, concerning applications for a real estate inspector or professional inspector license, §535.210, concerning fees paid by inspectors, and §535.216, concerning inspector license renewals.

The amendments to §535.208 and §535.210 are proposed in connection with the passage of House Bill 695 by the 77th Legislature (2001). House Bill 695 repeals a statutory provision under which a person whose previous inspector license has expired is assessed an additional fee when the person applies for another license. The new law also requires TREC to collect a fee not to exceed $20 when an inspector files a request for a new license certificate reflecting a change of name, return to active status, or change in sponsoring professional inspector. The amendment to §535.208 would adopt by reference two revised forms applicants use to obtain a license as a real estate inspector or professional inspector. The forms have been modified by deletion of language imposing an additional fee if the applicant previously held an inspector license within the year preceding the filing of the application.

The amendment to §535.210 would set the fee for requesting a license certificate due to change of name, return to active status, or change in sponsoring professional inspector at $20. The amendment to §535.210 also would increase from $10 to $20 the fee for requesting a license due to a change of place of business or to replace a lost or destroyed license. The change would cause the fee to be the same as that paid by TREC's other licensees for the same kind of filing, and eliminate confusion in the collection of fees from different licensee groups.

The amendment to §535.216 concerns a permanent mailing address for each inspector licensee. Currently, TREC uses an inspector's business office address as the mailing address for the licensee. If the licensee is on inactive status, TREC uses the mailing address previously provided by the licensee. The amendment would require all inspectors to provide a permanent mailing address to TREC and report a change within 10 days after the change occurs. There is no fee charged for reporting a change of mailing address. TREC intends to use the licensee's permanent mailing address as the address to which license renewal notices and other official correspondence is sent. Adoption of the amendment would facilitate communications between TREC and its licensees.

Mark A. Moseley, General Counsel, has determined that for the first five-year period the sections as proposed are in effect there will be fiscal implications for the state. Revenue from fees received for inspector fee filings is anticipated to increase $3,000 for Fiscal Year 2002 and for each year of the first five year period following adoption of the amendment. No fiscal implications are anticipated for units of local government as a result of enforcing or administering the sections. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the sections.

Mr. Moseley 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 enforcing the sections will be conforming TREC rules with statutory changes, improving mail communication and removing inconsistency in the TREC fee schedules. The anticipated economic cost to persons who are required to comply with the proposed sections is an increase of $10 in the amount paid when a new license is requested due to a change of place of business or to replace a lost or destroyed license and a fee of $20 when requesting a new license due to a change of name, return to active status, or change in sponsoring professional inspector.

Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under Texas Civil Statutes, Article 6573a, §5(h), which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.

The statute which is affected by this proposal is Texas Civil Statutes, Article 6573a.