The Texas Real Estate Commission (TREC) proposes amendments to §535.208, concerning real estate inspectors application for a license. The amendments propose to adopt by reference changes to three real estate inspector application forms to update the forms for format and style, to delete references to photographs in two of the forms, and to add a question regarding community supervision to three of the forms.

The proposed amendments also delete requirements for individual real estate and professional inspector applicants to provide a photograph with the application. As the national testing company that has been providing examination services to TREC as of September 1, 2002 takes a photograph of all persons taking an examination as a requirement for licensure, it is no longer necessary for real estate and professional inspector applicants to provide photographs to TREC with their applications.

Furthermore, under §21 of The Real Estate License Act all applicants for an inspector license must satisfy the Commission as to the individual's honesty, integrity and trustworthiness. Several questions on the applications elicit responses from applicants to aid in the Commission's moral character determination. Specifically, one question asks whether the applicant has every been placed on probation. As the term "community supervision" is used synonymously with "probation" in the context of criminal actions, the proposed forms amend the question regarding probation to ask whether the applicant has been subject to "probation or community supervision."

Loretta R. DeHay, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for the state as a result of enforcing or administering the section. There are no anticipated fiscal implications for units of local government. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the section.

Ms. DeHay also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be a streamlined application filing process. There is no anticipated economic cost to persons who are required to comply with the proposed section.

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 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, to establish standards of conduct and ethics for its licensees in keeping with the purposed and intent of the Act or to insure compliance with the provisions of the Act.

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