The Texas Real Estate Commission (TREC) adopts amendments to §535.208, concerning real estate inspectors application for a license without changes to the proposed text as published in the January 24, 2003, issue of the Texas Register (28 TexReg 641) and will not be republished. The amendments 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 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 forms amend the question regarding probation to ask whether the applicant has been subject to "probation or community supervision."

The effect of the amendments to the section will be a streamlined application filing process.

No comments were received regarding the amendments.

The amended sections are adopted 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 which is affected by this adoption is Texas Civil Statutes, Article 6573a. No other statute, code or article is affected by the adopted amendments.