1-1 By: Lucio S.B. No. 525
1-2 (In the Senate - Filed February 10, 1997; February 13, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 22, 1997, reported favorably by the following vote: Yeas 8,
1-5 Nays 0; April 22, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to license qualifications for certain inspectors regulated
1-9 by the Texas Real Estate Commission.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 23, The Real Estate
1-12 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
1-13 amended to read as follows:
1-14 (a) Definitions. In this section:
1-15 (1) "Apprentice inspector" means a person who is in
1-16 training under the direct supervision of a professional inspector
1-17 [or a real estate inspector] to become qualified to perform real
1-18 estate inspections.
1-19 (2) "Committee" means the Texas Real Estate Inspector
1-20 Committee.
1-21 (3) "Core real estate inspection courses" means
1-22 educational courses approved by the commission, including but not
1-23 limited to structural, electrical, mechanical, plumbing, roofing,
1-24 business, legal, standards of practice, report writing, appliances,
1-25 or ethics, all of which must relate to a real estate inspection.
1-26 (4) "Direct supervision" means the instruction and
1-27 control by a professional inspector [or a real estate inspector]
1-28 licensed under this section who is:
1-29 (A) responsible for the actions of an apprentice
1-30 inspector [individual] performing a real estate inspection or
1-31 preparing a report of a real estate inspection;
1-32 (B) available if and when needed to consult with
1-33 or assist an apprentice inspector [individual] performing a real
1-34 estate inspection or preparing a report of a real estate
1-35 inspection; and
1-36 (C) physically present at the time and place of
1-37 the inspection.
1-38 (5) ["Indirect supervision" means the instruction and
1-39 control by a professional inspector licensed under this section who
1-40 is:]
1-41 [(A) responsible for the actions of an
1-42 individual performing or preparing a real estate inspection; and]
1-43 [(B) available if and when needed to consult
1-44 with or assist an individual performing a real estate inspection or
1-45 preparing a report of a real estate inspection, but who is not
1-46 required to be physically present at the time and place of the
1-47 inspection.]
1-48 [(6)] "Inspector" means a person who is licensed as an
1-49 apprentice inspector, real estate inspector, or professional
1-50 inspector under this section.
1-51 (6) [(7)] "License" means an apprentice license, a
1-52 real estate inspector license, or a professional inspector license
1-53 issued under this section.
1-54 (7) [(8)] "Licensee" means a person holding an
1-55 apprentice inspector license, a real estate inspector license, or a
1-56 professional inspector license issued under this section.
1-57 (8) [(9)] "Professional inspector" means a person who
1-58 represents to the public that the person is trained and qualified
1-59 to perform a real estate inspection and who accepts employment for
1-60 the purpose of performing a real estate inspection for a buyer or
1-61 seller of real property.
1-62 (9) [(10)] "Real estate inspection" means a written or
1-63 oral opinion as to the condition of the improvements to real
1-64 property, including structural items, electrical items, mechanical
2-1 systems, plumbing systems, or equipment.
2-2 (10) [(11)] "Real estate inspector" means a person
2-3 other than a professional inspector who represents to the public
2-4 that the person is trained and qualified to perform real estate
2-5 inspections [under the indirect supervision of a professional
2-6 inspector] and who accepts employment for the purpose of performing
2-7 a real estate inspection for a buyer or seller of real property.
2-8 SECTION 2. Subdivisions (2) and (3), Subsection (c), Section
2-9 23, The Real Estate License Act (Article 6573a, Vernon's Texas
2-10 Civil Statutes), are amended to read as follows:
2-11 (2) A person may not act or attempt to act as a real
2-12 estate inspector in this state for a buyer or seller of real
2-13 property unless the person possesses a real estate inspector
2-14 license issued under this section [and is under the indirect
2-15 supervision of a professional inspector].
2-16 (3) A person may not act or attempt to act as an
2-17 apprentice inspector in this state for a buyer or seller of real
2-18 property unless the person is licensed under this section and is
2-19 under the direct supervision of a [real estate inspector or]
2-20 professional inspector.
2-21 SECTION 3. Subdivisions (2) and (3), Subsection (d), Section
2-22 23, The Real Estate License Act (Article 6573a, Vernon's Texas
2-23 Civil Statutes), are amended to read as follows:
2-24 (2) To be eligible for a license as a real estate
2-25 inspector, an applicant must be an individual, a citizen of the
2-26 United States or a lawfully admitted alien, and a resident of this
2-27 state at the time of the [have met the requirements and been
2-28 licensed as an apprentice inspector for at least three months and
2-29 have performed at least 25 real estate inspections under direct
2-30 supervision before] filing of the [an] application. The applicant
2-31 must be at least 18 years old. The applicant must satisfy the
2-32 commission as to the applicant's honesty, trustworthiness,
2-33 integrity, and competency. An applicant for an original real
2-34 estate inspector license must submit satisfactory evidence to the
2-35 commission of successful completion of not less than 90 classroom
2-36 hours of core real estate inspection courses. The commission by
2-37 rule may specify the length and content of the core real estate
2-38 inspection courses required by this subdivision. The commission
2-39 shall determine the competency of an applicant on the basis of an
2-40 examination required by Subsection (i) of this section. [The
2-41 applicant must be sponsored by a professional inspector licensed
2-42 under this section.] Notwithstanding this subdivision of this
2-43 subsection, an applicant is eligible for and has satisfied all
2-44 requirements for a license as a real estate inspector if the
2-45 applicant was previously licensed as a real estate inspector during
2-46 the preceding 24-month period immediately preceding the filing of
2-47 the application[, the applicant is sponsored by a professional
2-48 inspector,] and the applicant satisfies the commission as to the
2-49 applicant's honesty, trustworthiness, and integrity.
2-50 (3) To be eligible for a license as a professional
2-51 inspector, an applicant must have met the requirements and have
2-52 been licensed as [an apprentice inspector for at least three months
2-53 and licensed as] a real estate inspector for at least 12 months and
2-54 have performed at least 200 [175] real estate inspections [under
2-55 indirect supervision] before filing an application. An applicant
2-56 for an original professional inspector license must submit
2-57 satisfactory evidence to the commission of successful completion of
2-58 not less than 30 classroom hours of core real estate inspection
2-59 courses and eight classroom hours related to the study of standards
2-60 of practice, legal issues, or ethics related to the profession of
2-61 real estate inspections. These classroom hours are in addition to
2-62 those required for [an apprentice inspector license or] a real
2-63 estate inspector license. The commission shall determine the
2-64 competency of an applicant on the basis of an examination required
2-65 by Subsection (i) of this section. Notwithstanding this
2-66 subsection, an applicant is eligible for and has satisfied all
2-67 requirements for a license as a professional inspector if the
2-68 applicant was previously licensed as a professional inspector
2-69 during the preceding 24-month period immediately preceding the
3-1 filing of the application and the applicant satisfies the
3-2 commission as to the applicant's honesty, trustworthiness, and
3-3 integrity.
3-4 SECTION 4. Subsection (f), Section 23, The Real Estate
3-5 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
3-6 amended by adding Subdivision (7) to read as follows:
3-7 (7) If a person's license is renewed, the commission
3-8 may consider and act on a complaint regarding an inspection
3-9 performed by the person during the period between the expiration of
3-10 the previous license and the issuance of the renewed license.
3-11 SECTION 5. This Act takes effect September 1, 1997, and
3-12 applies to an application for a license as an apprentice inspector
3-13 or real estate inspector that is filed with the Texas Real Estate
3-14 Commission on or after that date. An application filed before
3-15 September 1, 1997, is governed by the law in effect on the date the
3-16 application was filed, and the former law is continued in effect
3-17 for that purpose.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.
3-23 * * * * *