TITLE examining-boards

Part XXIII. Texas Real Estate Commission

Chapter 535. Provisions of the Real Estate License Act

Licensed Real Estate Inspectors

22 TAC §535.208

The Texas Real Estate Commission proposes an amendment to §535.208, concerning application for an inspector license. The amendment would adopt by reference three forms used by persons applying for a license as an apprentice inspector, real estate inspector or professional inspector. The application forms would be revised to require the applicant to provide a recent photograph and to promise not to reveal the contents of the commission's licensing examinations. Language would also be added advising the applicant that if the applicant has defaulted on a student loan guaranteed by the Guaranteed Student Loan Corporation, state law prohibits the renewal of the license until the licensee has entered into a repayment agreement with the Texas Guaranteed Student Loan Corporation. Addition of this information is necessary to standardize the application forms used by the commission and to ensure the integrity of the examination process.

Mark A. Moseley, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. There is no anticipated impact on local or state employment as a result of implementing the section.

Mr. Moseley also 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 clarification of requirements for applicants. There will be no effect on small businesses. 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 Mark A. Moseley, 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 authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.

The statute that would be effected by the proposal is Texas Civil Statutes, Article 6573a.

§535.208. Application for a License.

(a)

(No change.)

(b)

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)

Application for a License as an Apprentice Inspector, Form REI 2-4 [2-3];

(2)

Application for a License as a Real Estate Inspector, Form REI 4-5 [4-4]; and

(3)

Application for a License as a Professional Inspector, Form REI 6-5 [6-4].

(c)-(e)

(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.

Issued in Austin, Texas, on December 30, 1996.

TRD-9618700

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: February 10, 1997

For further information, please call: (512) 465-3910