22 TAC §535.211
The Texas Real Estate Commission renews for an additional
60-day period new §535.211, concerning a Temporary Emergency Real Estate
Inspector License, adopted on an emergency basis as published in the September
30, 2005, issue of the
Texas Register
(30
TexReg 6150).
The renewed rule outlines the process and conditions the Commission is
using to issue a Temporary Emergency Real Estate Inspector License. This new
license type is only available to those licensed home inspectors affected
by Hurricane Katrina in specific states and applying for a license in Texas.
An applicant must be licensed in good standing in the affected states, must
show proof of completion of 8 classroom hours related to the study of Texas
Standards of Practice and Rules of the Real Estate Commission, and must be
sponsored by a Texas Professional Inspector. A license issued under this rule
is temporary and valid until February 28, 2006. A simplified application process
is outlined in the rule.
As a result of the Emergency Disaster Proclamations by the Governor of
the State of Texas dated September 1, 2005, October 3, 2005, October 31, 2005,
and December 1, 2005, declaring a state of emergency due to Hurricane Katrina,
the Texas Real Estate Commission has determined that the conditions outlined
in §2001.034 of the Texas Government Code concerning Emergency Rulemaking
have been satisfied to renew the adoption of the rule concerning the issuance
of Temporary Emergency Real Estate Inspector Licenses to applicants from counties
or parishes in Louisiana, Mississippi, and Alabama who practice or reside
in areas affected by Hurricane Katrina.
The reasoned justification for the renewal of the emergency rule is to
permit displaced licensees to apply for a temporary home inspector license
for another 60-day period in Texas as they continue to reside in this state
because of the disaster created by Hurricane Katrina.
The emergency rule is renewed for an additional 60-day period
under the Real Estate License Act (the Act), Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statute affected by the new section is Texas Occupations Code, Chapter
1102. No other statute, code or article is affected by the renewal of the
new section.
Filed with the Office of
the Secretary of State on January 6, 2006.
TRD-200600103
Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Original Effective Date: September 13, 2005
Expiration Date: March 11, 2006
For further information, please call: (512) 465-3900