The Texas Real Estate Commission (TREC) proposes amendments to §535.210, concerning fees paid by real estate inspector licensees and applicants.

The amendments to subsections 535.210(a)(4) through (6) are proposed in connection with the passage of S.B. 645 and S.B. 187 by the 77th Legislature (2001), requiring TREC to participate in an electronic system using the Internet for licensing. S.B. 645 requires TREC to participate in the electronic licensing system and pay a subscription fee to the TexasOnline Authority for participation. S.B. 187 requires TREC to increase renewal fees to cover the cost of the subscription fees charged by the TexasOnline Authority. Section 535.210 would be amended to reflect the fees that would be effective for all inspector license renewals for licenses expiring on or after January 1, 2003.

The amendment to subsection 535.210(a)(7) is necessary to cover the increased cost of providing licensing examination services for TREC by an independent contractor.

Alan Waters, staff services director, has determined that for the first five-year period subsections 535.210(a)(4) through (a)(6) are in effect there will be fiscal implications for the state. Revenue from fees received for apprentice inspector, real estate inspector, and professional inspector renewals is anticipated to increase $4,200.00 for Fiscal Year 2003 and for each year of the 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 section. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the section.

Loretta R. DeHay, general counsel, has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be conforming TREC rules with statutory changes and enhanced licensing examination services. The anticipated economic cost to persons who are required to comply with the proposed section is an additional $2 fee for apprentice inspector, real estate inspector, and professional inspector renewals and $24 for a license examination.

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

The amendment is 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.