By: Lucio S.B. No. 525
A BILL TO BE ENTITLED
AN ACT
1-1 relating to license qualifications for certain inspectors regulated
1-2 by the Texas Real Estate Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 23, The Real Estate
1-5 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
1-6 amended to read as follows:
1-7 (a) Definitions. In this section:
1-8 (1) "Apprentice inspector" means a person who is in
1-9 training under the direct supervision of a professional inspector
1-10 [or a real estate inspector] to become qualified to perform real
1-11 estate inspections.
1-12 (2) "Committee" means the Texas Real Estate Inspector
1-13 Committee.
1-14 (3) "Core real estate inspection courses" means
1-15 educational courses approved by the commission, including but not
1-16 limited to structural, electrical, mechanical, plumbing, roofing,
1-17 business, legal, standards of practice, report writing, appliances,
1-18 or ethics, all of which must relate to a real estate inspection.
1-19 (4) "Direct supervision" means the instruction and
1-20 control by a professional inspector [or a real estate inspector]
1-21 licensed under this section who is:
1-22 (A) responsible for the actions of an apprentice
1-23 inspector [individual] performing a real estate inspection or
2-1 preparing a report of a real estate inspection;
2-2 (B) available if and when needed to consult with
2-3 or assist an apprentice inspector [individual] performing a real
2-4 estate inspection or preparing a report of a real estate
2-5 inspection; and
2-6 (C) physically present at the time and place of
2-7 the inspection.
2-8 (5) ["Indirect supervision" means the instruction and
2-9 control by a professional inspector licensed under this section who
2-10 is:]
2-11 [(A) responsible for the actions of an
2-12 individual performing or preparing a real estate inspection; and]
2-13 [(B) available if and when needed to consult
2-14 with or assist an individual performing a real estate inspection or
2-15 preparing a report of a real estate inspection, but who is not
2-16 required to be physically present at the time and place of the
2-17 inspection.]
2-18 [(6)] "Inspector" means a person who is licensed as an
2-19 apprentice inspector, real estate inspector, or professional
2-20 inspector under this section.
2-21 (6) [(7)] "License" means an apprentice license, a
2-22 real estate inspector license, or a professional inspector license
2-23 issued under this section.
2-24 (7) [(8)] "Licensee" means a person holding an
2-25 apprentice inspector license, a real estate inspector license, or a
3-1 professional inspector license issued under this section.
3-2 (8) [(9)] "Professional inspector" means a person who
3-3 represents to the public that the person is trained and qualified
3-4 to perform a real estate inspection and who accepts employment for
3-5 the purpose of performing a real estate inspection for a buyer or
3-6 seller of real property.
3-7 (9) [(10)] "Real estate inspection" means a written or
3-8 oral opinion as to the condition of the improvements to real
3-9 property, including structural items, electrical items, mechanical
3-10 systems, plumbing systems, or equipment.
3-11 (10) [(11)] "Real estate inspector" means a person
3-12 other than a professional inspector who represents to the public
3-13 that the person is trained and qualified to perform real estate
3-14 inspections [under the indirect supervision of a professional
3-15 inspector] and who accepts employment for the purpose of performing
3-16 a real estate inspection for a buyer or seller of real property.
3-17 SECTION 2. Subdivisions (2) and (3), Subsection (c), Section
3-18 23, The Real Estate License Act (Article 6573a, Vernon's Texas
3-19 Civil Statutes), are amended to read as follows:
3-20 (2) A person may not act or attempt to act as a real
3-21 estate inspector in this state for a buyer or seller of real
3-22 property unless the person possesses a real estate inspector
3-23 license issued under this section [and is under the indirect
3-24 supervision of a professional inspector].
3-25 (3) A person may not act or attempt to act as an
4-1 apprentice inspector in this state for a buyer or seller of real
4-2 property unless the person is licensed under this section and is
4-3 under the direct supervision of a [real estate inspector or]
4-4 professional inspector.
4-5 SECTION 3. Subdivisions (2) and (3), Subsection (d), Section
4-6 23, The Real Estate License Act (Article 6573a, Vernon's Texas
4-7 Civil Statutes), are amended to read as follows:
4-8 (2) To be eligible for a license as a real estate
4-9 inspector, an applicant must be an individual, a citizen of the
4-10 United States or a lawfully admitted alien, and a resident of this
4-11 state at the time of the [have met the requirements and been
4-12 licensed as an apprentice inspector for at least three months and
4-13 have performed at least 25 real estate inspections under direct
4-14 supervision before] filing of the [an] application. The applicant
4-15 must be at least 18 years old. The applicant must satisfy the
4-16 commission as to the applicant's honesty, trustworthiness,
4-17 integrity, and competency. An applicant for an original real
4-18 estate inspector license must submit satisfactory evidence to the
4-19 commission of successful completion of not less than 90 classroom
4-20 hours of core real estate inspection courses. The commission by
4-21 rule may specify the length and content of the core real estate
4-22 inspection courses required by this subdivision. The commission
4-23 shall determine the competency of an applicant on the basis of an
4-24 examination required by Subsection (i) of this section. [The
4-25 applicant must be sponsored by a professional inspector licensed
5-1 under this section.] Notwithstanding this subdivision of this
5-2 subsection, an applicant is eligible for and has satisfied all
5-3 requirements for a license as a real estate inspector if the
5-4 applicant was previously licensed as a real estate inspector during
5-5 the preceding 24-month period immediately preceding the filing of
5-6 the application[, the applicant is sponsored by a professional
5-7 inspector,] and the applicant satisfies the commission as to the
5-8 applicant's honesty, trustworthiness, and integrity.
5-9 (3) To be eligible for a license as a professional
5-10 inspector, an applicant must have met the requirements and have
5-11 been licensed as [an apprentice inspector for at least three months
5-12 and licensed as] a real estate inspector for at least 12 months and
5-13 have performed at least 200 [175] real estate inspections [under
5-14 indirect supervision] before filing an application. An applicant
5-15 for an original professional inspector license must submit
5-16 satisfactory evidence to the commission of successful completion of
5-17 not less than 30 classroom hours of core real estate inspection
5-18 courses and eight classroom hours related to the study of standards
5-19 of practice, legal issues, or ethics related to the profession of
5-20 real estate inspections. These classroom hours are in addition to
5-21 those required for [an apprentice inspector license or] a real
5-22 estate inspector license. The commission shall determine the
5-23 competency of an applicant on the basis of an examination required
5-24 by Subsection (i) of this section. Notwithstanding this
5-25 subsection, an applicant is eligible for and has satisfied all
6-1 requirements for a license as a professional inspector if the
6-2 applicant was previously licensed as a professional inspector
6-3 during the preceding 24-month period immediately preceding the
6-4 filing of the application and the applicant satisfies the
6-5 commission as to the applicant's honesty, trustworthiness, and
6-6 integrity.
6-7 SECTION 4. Subsection (f), Section 23, The Real Estate
6-8 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
6-9 amended by adding Subdivision (7) to read as follows:
6-10 (7) If a person's license is renewed, the commission
6-11 may consider and act on a complaint regarding an inspection
6-12 performed by the person during the period between the expiration of
6-13 the previous license and the issuance of the renewed license.
6-14 SECTION 5. This Act takes effect September 1, 1997, and
6-15 applies to an application for a license as an apprentice inspector
6-16 or real estate inspector that is filed with the Texas Real Estate
6-17 Commission on or after that date. An application filed before
6-18 September 1, 1997, is governed by the law in effect on the date the
6-19 application was filed, and the former law is continued in effect
6-20 for that purpose.
6-21 SECTION 6. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.