By Lucio                                               S.B. No. 460
       74R678 PB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to license qualifications for certain inspectors regulated
    1-3  by the Texas Real Estate Commission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 23(d), The Real Estate License Act
    1-6  (Article 6573a, Vernon's Texas Civil Statutes), is amended by
    1-7  amending Subdivisions (1), (2), and (4) and by adding Subdivision
    1-8  (6) to read as follows:
    1-9        (d)  Eligibility; application.  (1)  To be eligible for a
   1-10  license as an apprentice inspector, an applicant must be an
   1-11  individual, a citizen of the United States or a lawfully admitted
   1-12  alien, and a resident of this state at the time of the filing of
   1-13  the application.  Except as provided by Subdivision (6) of this
   1-14  subsection, the <The> applicant must be sponsored by a professional
   1-15  inspector licensed under this section.  The applicant must be at
   1-16  least 18 years old.  The applicant must satisfy the commission as
   1-17  to the applicant's honesty, trustworthiness, and integrity.
   1-18              (2)  To be eligible for a license as a real estate
   1-19  inspector, an applicant must have met the requirements and been
   1-20  licensed as an apprentice inspector for at least three months and,
   1-21  except as provided by Subdivision (4) of this subsection, have
   1-22  performed at least 25 real estate inspections under direct
   1-23  supervision before filing an application.  The applicant must
   1-24  satisfy the commission as to the applicant's honesty,
    2-1  trustworthiness, integrity, and competency.  An applicant for an
    2-2  original real estate inspector license must submit satisfactory
    2-3  evidence to the commission of successful completion of not less
    2-4  than 90 classroom hours of core real estate inspection courses.
    2-5  The commission by rule may specify the length and content of the
    2-6  core real estate inspection courses required by this subdivision.
    2-7  The commission shall determine the competency of an applicant on
    2-8  the basis of an examination required by Subsection (i) of this
    2-9  section.  Except as provided by Subdivision (6) of this subsection,
   2-10  the <The> applicant must be sponsored by a professional inspector
   2-11  licensed under this section.  Notwithstanding this subdivision of
   2-12  this subsection, an applicant is eligible for and has satisfied all
   2-13  requirements for a license as a real estate inspector if the
   2-14  applicant was previously licensed as a real estate inspector during
   2-15  the preceding 24-month period immediately preceding the filing of
   2-16  the application, the applicant is sponsored by a professional
   2-17  inspector, and the applicant satisfies the commission as to the
   2-18  applicant's honesty, trustworthiness, and integrity.
   2-19              (4)  In <The commission by rule may provide for the
   2-20  substitution of relevant experience or education in> lieu of the
   2-21  number  of real estate inspections required by this section, the
   2-22  commission:
   2-23                    (A)  by rule may provide that an applicant may
   2-24  substitute evidence of relevant experience or education that is
   2-25  presented to the commission in a manner satisfactory to the
   2-26  commission; and
   2-27                    (B)  in the case of an applicant for a license as
    3-1  a real estate inspector who presents evidence to the commission
    3-2  under Subdivision (6) of this subsection that establishes that the
    3-3  applicant is unable to satisfy the direct supervision requirement,
    3-4  shall allow the applicant to establish the applicant's
    3-5  qualifications for the license through examination as provided by
    3-6  that subdivision.
    3-7              (6)  If an applicant for a license as an apprentice
    3-8  inspector or a real estate inspector presents evidence to the
    3-9  commission that the applicant is unable to obtain the sponsorship
   3-10  of a professional inspector licensed under this section or the
   3-11  direction of a professional inspector for purposes of the direct
   3-12  supervision requirement imposed under Subdivision (2) of this
   3-13  subsection, the commission shall allow the applicant to establish
   3-14  the applicant's qualifications for the license through examination.
   3-15  The applicant must provide the evidence in a manner satisfactory to
   3-16  the commission.  The commission shall establish the requirements
   3-17  for an examination offered under this subdivision in the manner
   3-18  prescribed by Subsection (i) of this section.  The committee may
   3-19  recommend rules to the commission relating to the examination.
   3-20        SECTION 2.  This Act takes effect September 1, 1995, and
   3-21  applies to an application for a license as an apprentice inspector
   3-22  or real estate inspector that is filed with the Texas Real Estate
   3-23  Commission on or after that date.  An application filed before
   3-24  September 1, 1995, is governed by the law in effect on the date
   3-25  that the application was filed, and the former law is continued in
   3-26  effect for that purpose.
   3-27        SECTION 3.  The importance of this legislation and the
    4-1  crowded condition of the calendars in both houses create an
    4-2  emergency and an imperative public necessity that the
    4-3  constitutional rule requiring bills to be read on three several
    4-4  days in each house be suspended, and this rule is hereby suspended.