The Texas Real Estate Commission (TREC) adopts on an emergency basis amendments to §535.208, concerning applications for an inspector license, and §535.210, concerning fees. Adoption of the amendments is necessary to implement House Bill 695, 77th Legislature (2001) which is effective September 1, 2001. House Bill 695 alters fees which are paid by real estate inspectors licensed by TREC and those persons applying for an inspector license.

The amendment to §535.208 adopts by reference revised application forms used by a person to obtain a license as a real estate inspector or as a professional inspector. Under current law, a person who was previously licensed as an inspector by TREC is required to pay additional fees in connection with an application for a license. The additional fees range from $16.50 to $35, depending on the length of time since the person was last licensed. House Bill 695 repeals the requirement for these additional fees effective September 1, 2001.

The amendment to §535.210 concerns fees paid by licensed inspectors. House Bill 695 requires TREC to charge a fee when an inspector requests a new license certificate due to a change of name, return to active status, or change in sponsoring broker. TREC must set the fee, which may not exceed $20. Also, TREC presently charges $10 when an inspector licensee requests a new license due to a change of address or replacement of a lost or destroyed license. TREC has determined that this fee should be increased to $20 to be consistent with the fees being paid by other TREC licensees to obtain new license certificates.

TREC has determined that adoption of the amendments on an emergency basis is necessary to prevent confusion and disruption in the filing of applications by prospective inspector licensees and the reporting of changes which require issuance of new license certificates. If the application forms are not revised to be available for use on September 1, 2001, TREC would have no appropriate application forms for use by inspector applicants in compliance with House Bill 695. It is also necessary that TREC set statutory fees in appropriate amounts to recover the costs of issuing licenses. TREC finds that these circumstances constitute an imminent peril to the public welfare requiring adoption of the amendment on fewer than 30 days' notice. TREC also has proposed adoption of the amendment on a permanent basis; the proposal appeared in the June 29, 2001, issue of the Texas Register (26 TexReg 4825).

The amendment is adopted on an emergency basis 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, and under the Texas Government Code, §2001.034, which authorizes a state agency to adopt a rule on an emergency basis with less than 30 days' notice in the event of an imminent peril to the public health, safety, or welfare.