22 TAC §535.208
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.
§535.208.Application for a License.
(a)
(No change.)
(b)
If the commission develops a system whereby a person may
electronically file an application for a license, a person who has previously
satisfied applicable education requirements and obtained an evaluation from
the commission also may apply for a license by accessing the commission's
Internet web site, entering the required information on the application form
and paying the appropriate fee in accordance with the instructions provided
at the site by the commission.
An applicant for an apprentice inspector
license
[
The person
] must provide the commission with the
applicant's
[
person's
] photograph and signature prior to
issuance of a license certificate.
An applicant for a real estate or
professional inspector license must provide the commission with the applicant's
signature prior to issuance of a license certificate. An applicant
[
The person
] may provide the
required item(s)
[
photograph
and signature
] prior to the submission of an electronic application.
(c)
The Texas Real Estate Commission adopts by reference the
following forms approved by the commission. These forms are published by and
available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas
78711-2188:
(1)
Inspection Log, Form REI 1-3;
(2)
Application for a License as an Apprentice Inspector, Form
REI 2-
7
[
6
];
(3)
Application for a License as a Real Estate Inspector, Form
REI 4-
9
[
7
]; and
(4)
Application for a License as a Professional Inspector,
Form REI 6-
9
[
7
].
(d)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 9, 2003.
TRD-200300084
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: February 23, 2003
For further information, please call: (512) 465-3900