1-1 By: Lucio S.B. No. 460
1-2 (In the Senate - Filed February 3, 1995; February 6, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 23, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0;
1-6 February 23, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 460 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to license qualifications for certain inspectors regulated
1-11 by the Texas Real Estate Commission.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 23, The Real Estate
1-14 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
1-15 amended to read as follows:
1-16 (a) Definitions. In this section:
1-17 (1) "Apprentice inspector" means a person who is in
1-18 training under the direct supervision of a professional inspector
1-19 <or a real estate inspector> to become qualified to perform real
1-20 estate inspections.
1-21 (2) "Committee" means the Texas Real Estate Inspector
1-22 Committee.
1-23 (3) "Core real estate inspection courses" means
1-24 educational courses approved by the commission, including but not
1-25 limited to structural, electrical, mechanical, plumbing, roofing,
1-26 business, legal, standards of practice, report writing, appliances
1-27 or ethics, all of which must relate to a real estate inspection.
1-28 (4) "Direct supervision" means the instruction and
1-29 control by a professional inspector <or a real estate inspector>
1-30 licensed under this section who is:
1-31 (A) responsible for the actions of an apprentice
1-32 inspector <individual> performing a real estate inspection or
1-33 preparing a report of a real estate inspection;
1-34 (B) available if and when needed to consult with
1-35 or assist an apprentice inspector <individual> performing a real
1-36 estate inspection or preparing a report of a real estate
1-37 inspection; and
1-38 (C) physically present at the time and place of
1-39 the inspection.
1-40 (5) <"Indirect supervision" means the instruction and
1-41 control by a professional inspector licensed under this section who
1-42 is:>
1-43 <(A) responsible for the actions of an
1-44 individual performing or preparing a real estate inspection; and>
1-45 <(B) available if and when needed to consult
1-46 with or assist an individual performing a real estate inspection or
1-47 preparing a report of a real estate inspection, but who is not
1-48 required to be physically present at the time and place of the
1-49 inspection.>
1-50 <(6)> "Inspector" means a person who is licensed as an
1-51 apprentice inspector, real estate inspector, or professional
1-52 inspector under this section.
1-53 (6) <(7)> "License" means an apprentice license, a
1-54 real estate inspector license or a professional inspector license
1-55 issued under this section.
1-56 (7) <(8)> "Licensee" means a person holding an
1-57 apprentice inspector license, a real estate inspector license or a
1-58 professional inspector license issued under this section.
1-59 (8) <(9)> "Professional inspector" means a person who
1-60 represents to the public that the person is trained and qualified
1-61 to perform a real estate inspection and who accepts employment for
1-62 the purpose of performing a real estate inspection for a buyer or
1-63 seller of real property.
1-64 (9) <(10)> "Real estate inspection" means a written or
1-65 oral opinion as to the condition of the improvements to real
1-66 property, including structural items, electrical items, mechanical
1-67 systems, plumbing systems, or equipment.
1-68 (10) <(11)> "Real estate inspector" means a person
2-1 other than a professional inspector who represents to the public
2-2 that the person is trained and qualified to perform real estate
2-3 inspections <under the indirect supervision of a professional
2-4 inspector> and who accepts employment for the purpose of performing
2-5 a real estate inspection for a buyer or seller of real property.
2-6 SECTION 2. Subdivisions (2) and (3), Subsection (c), Section
2-7 23, The Real Estate License Act (Article 6573a, Vernon's Texas
2-8 Civil Statutes), are amended to read as follows:
2-9 (2) A person may not act or attempt to act as a real
2-10 estate inspector in this state for a buyer or seller of real
2-11 property unless the person possesses a real estate inspector
2-12 license issued under this section <and is under the indirect
2-13 supervision of a professional inspector>.
2-14 (3) A person may not act or attempt to act as an
2-15 apprentice inspector in this state for a buyer or seller of real
2-16 property unless the person is licensed under this section and is
2-17 under the direct supervision of a <real estate inspector or>
2-18 professional inspector.
2-19 SECTION 3. Subdivisions (2) and (3), Subsection (d), Section
2-20 23, The Real Estate License Act (Article 6573a, Vernon's Texas
2-21 Civil Statutes), are amended to read as follows:
2-22 (2) To be eligible for a license as a real estate
2-23 inspector, an applicant must be an individual, a citizen of the
2-24 United States or a lawfully admitted alien, and a resident of this
2-25 state at the time of the <have met the requirements and been
2-26 licensed as an apprentice inspector for at least three months and
2-27 have performed at least 25 real estate inspections under direct
2-28 supervision before> filing of the <an> application. The applicant
2-29 must be at least 18 years old. The applicant must satisfy the
2-30 commission as to the applicant's honesty, trustworthiness,
2-31 integrity, and competency. An applicant for an original real
2-32 estate inspector license must submit satisfactory evidence to the
2-33 commission of successful completion of not less than 90 classroom
2-34 hours of core real estate inspection courses. The commission by
2-35 rule may specify the length and content of the core real estate
2-36 inspection courses required by this subdivision. The commission
2-37 shall determine the competency of an applicant on the basis of an
2-38 examination required by Subsection (i) of this section. <The
2-39 applicant must be sponsored by a professional inspector licensed
2-40 under this section.> Notwithstanding this subdivision of this
2-41 subsection, an applicant is eligible for and has satisfied all
2-42 requirements for a license as a real estate inspector if the
2-43 applicant was previously licensed as a real estate inspector during
2-44 the preceding 24-month period immediately preceding the filing of
2-45 the application<, the applicant is sponsored by a professional
2-46 inspector,> and the applicant satisfies the commission as to the
2-47 applicant's honesty, trustworthiness, and integrity.
2-48 (3) To be eligible for a license as a professional
2-49 inspector, an applicant must have met the requirements and have
2-50 been licensed as <an apprentice inspector for at least three months
2-51 and licensed as> a real estate inspector for at least 12 months and
2-52 have performed at least 200 <175> real estate inspections <under
2-53 indirect supervision> before filing an application. An applicant
2-54 for an original professional inspector license must submit
2-55 satisfactory evidence to the commission of successful completion of
2-56 not less than 30 classroom hours of core real estate inspection
2-57 courses and eight classroom hours related to the study of standards
2-58 of practice, legal issues, or ethics related to the profession of
2-59 real estate inspections. These classroom hours are in addition to
2-60 those required for <an apprentice inspector license or> a real
2-61 estate inspector license. The commission shall determine the
2-62 competency of an applicant on the basis of an examination required
2-63 by Subsection (i) of this section. Notwithstanding this
2-64 subsection, an applicant is eligible for and has satisfied all
2-65 requirements for a license as a professional inspector if the
2-66 applicant was previously licensed as a professional inspector
2-67 during the preceding 24-month period immediately preceding the
2-68 filing of the application and the applicant satisfies the
2-69 commission as to the applicant's honesty, trustworthiness, and
2-70 integrity.
3-1 SECTION 4. Subsection (f), Section 23, The Real Estate
3-2 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
3-3 amended by adding Subdivision (7) to read as follows:
3-4 (7) If a person's license is renewed, the commission
3-5 has jurisdiction to consider and act on a complaint about an
3-6 inspection performed by the person during the period between the
3-7 expiration of the previous license and the issuance of the renewed
3-8 license.
3-9 SECTION 5. This Act takes effect September 1, 1995, and
3-10 applies to an application for a license as an apprentice inspector,
3-11 real estate inspector, or professional inspector that is filed with
3-12 the Texas Real Estate Commission on or after that date. An
3-13 application filed before that date is governed by the law in effect
3-14 on the date that the application was filed, and the former law is
3-15 continued in effect for that purpose.
3-16 SECTION 6. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.
3-21 * * * * *