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
1-24 preparing a report of a real estate inspection;
2-1 (B) available if and when needed to consult with
2-2 or assist an apprentice inspector [individual] performing a real
2-3 estate inspection or preparing a report of a real estate
2-4 inspection; and
2-5 (C) physically present at the time and place of
2-6 the inspection.
2-7 (5) ["Indirect supervision" means the instruction and
2-8 control by a professional inspector licensed under this section who
2-9 is:]
2-10 [(A) responsible for the actions of an
2-11 individual performing or preparing a real estate inspection; and]
2-12 [(B) available if and when needed to consult
2-13 with or assist an individual performing a real estate inspection or
2-14 preparing a report of a real estate inspection, but who is not
2-15 required to be physically present at the time and place of the
2-16 inspection.]
2-17 [(6)] "Inspector" means a person who is licensed as an
2-18 apprentice inspector, real estate inspector, or professional
2-19 inspector under this section.
2-20 (6) [(7)] "License" means an apprentice license, a
2-21 real estate inspector license, or a professional inspector license
2-22 issued under this section.
2-23 (7) [(8)] "Licensee" means a person holding an
2-24 apprentice inspector license, a real estate inspector license, or a
2-25 professional inspector license issued under this section.
2-26 (8) [(9)] "Professional inspector" means a person who
2-27 represents to the public that the person is trained and qualified
3-1 to perform a real estate inspection and who accepts employment for
3-2 the purpose of performing a real estate inspection for a buyer or
3-3 seller of real property.
3-4 (9) [(10)] "Real estate inspection" means a written or
3-5 oral opinion as to the condition of the improvements to real
3-6 property, including structural items, electrical items, mechanical
3-7 systems, plumbing systems, or equipment.
3-8 (10) [(11)] "Real estate inspector" means a person
3-9 other than a professional inspector who represents to the public
3-10 that the person is trained and qualified to perform real estate
3-11 inspections [under the indirect supervision of a professional
3-12 inspector] and who accepts employment for the purpose of performing
3-13 a real estate inspection for a buyer or seller of real property.
3-14 SECTION 2. Subdivisions (2) and (3), Subsection (c), Section
3-15 23, The Real Estate License Act (Article 6573a, Vernon's Texas
3-16 Civil Statutes), are amended to read as follows:
3-17 (2) A person may not act or attempt to act as a real
3-18 estate inspector in this state for a buyer or seller of real
3-19 property unless the person possesses a real estate inspector
3-20 license issued under this section [and is under the indirect
3-21 supervision of a professional inspector].
3-22 (3) A person may not act or attempt to act as an
3-23 apprentice inspector in this state for a buyer or seller of real
3-24 property unless the person is licensed under this section and is
3-25 under the direct supervision of a [real estate inspector or]
3-26 professional inspector.
3-27 SECTION 3. Subdivisions (2) and (3), Subsection (d), Section
4-1 23, The Real Estate License Act (Article 6573a, Vernon's Texas
4-2 Civil Statutes), are amended to read as follows:
4-3 (2) To be eligible for a license as a real estate
4-4 inspector, an applicant must be an individual, a citizen of the
4-5 United States or a lawfully admitted alien, and a resident of this
4-6 state at the time of the [have met the requirements and been
4-7 licensed as an apprentice inspector for at least three months and
4-8 have performed at least 25 real estate inspections under direct
4-9 supervision before] filing of the [an] application. The applicant
4-10 must be at least 18 years old. The applicant must satisfy the
4-11 commission as to the applicant's honesty, trustworthiness,
4-12 integrity, and competency. An applicant for an original real
4-13 estate inspector license must submit satisfactory evidence to the
4-14 commission of successful completion of not less than 90 classroom
4-15 hours of core real estate inspection courses. The commission by
4-16 rule may specify the length and content of the core real estate
4-17 inspection courses required by this subdivision. The commission
4-18 shall determine the competency of an applicant on the basis of an
4-19 examination required by Subsection (i) of this section. [The
4-20 applicant must be sponsored by a professional inspector licensed
4-21 under this section.] Notwithstanding this subdivision of this
4-22 subsection, an applicant is eligible for and has satisfied all
4-23 requirements for a license as a real estate inspector if the
4-24 applicant was previously licensed as a real estate inspector during
4-25 the preceding 24-month period immediately preceding the filing of
4-26 the application[, the applicant is sponsored by a professional
4-27 inspector,] and the applicant satisfies the commission as to the
5-1 applicant's honesty, trustworthiness, and integrity.
5-2 (3) To be eligible for a license as a professional
5-3 inspector, an applicant must have met the requirements and have
5-4 been licensed as [an apprentice inspector for at least three months
5-5 and licensed as] a real estate inspector for at least 12 months and
5-6 have performed at least 200 [175] real estate inspections [under
5-7 indirect supervision] before filing an application. An applicant
5-8 for an original professional inspector license must submit
5-9 satisfactory evidence to the commission of successful completion of
5-10 not less than 30 classroom hours of core real estate inspection
5-11 courses and eight classroom hours related to the study of standards
5-12 of practice, legal issues, or ethics related to the profession of
5-13 real estate inspections. These classroom hours are in addition to
5-14 those required for [an apprentice inspector license or] a real
5-15 estate inspector license. The commission shall determine the
5-16 competency of an applicant on the basis of an examination required
5-17 by Subsection (i) of this section. Notwithstanding this
5-18 subsection, an applicant is eligible for and has satisfied all
5-19 requirements for a license as a professional inspector if the
5-20 applicant was previously licensed as a professional inspector
5-21 during the preceding 24-month period immediately preceding the
5-22 filing of the application and the applicant satisfies the
5-23 commission as to the applicant's honesty, trustworthiness, and
5-24 integrity.
5-25 SECTION 4. Subsection (f), Section 23, The Real Estate
5-26 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
5-27 amended by adding Subdivision (7) to read as follows:
6-1 (7) If a person's license is renewed, the commission
6-2 may consider and act on a complaint regarding an inspection
6-3 performed by the person during the period between the expiration of
6-4 the previous license and the issuance of the renewed license.
6-5 SECTION 5. This Act takes effect September 1, 1997, and
6-6 applies to an application for a license as an apprentice inspector
6-7 or real estate inspector that is filed with the Texas Real Estate
6-8 Commission on or after that date. An application filed before
6-9 September 1, 1997, is governed by the law in effect on the date the
6-10 application was filed, and the former law is continued in effect
6-11 for that purpose.
6-12 SECTION 6. The importance of this legislation and the
6-13 crowded condition of the calendars in both houses create an
6-14 emergency and an imperative public necessity that the
6-15 constitutional rule requiring bills to be read on three several
6-16 days in each house be suspended, and this rule is hereby suspended.