reglab/housing_qa huggingface dataset:
TX Occ Code § 1102.301 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter G. Prohibited Acts|Section 1102.301. Negligence or Incompetence

Sec. 1102.301.  NEGLIGENCE OR INCOMPETENCE.  An inspector may not perform a real estate inspection in a negligent or incompetent manner.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.302 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter G. Prohibited Acts|Section 1102.302. Agreement for Specific Report; Dishonesty

Sec. 1102.302.  AGREEMENT FOR SPECIFIC REPORT;  DISHONESTY.  An inspector may not:(1)  accept an assignment for real estate inspection if the employment or a fee is contingent on the reporting of:(A)  a specific, predetermined condition of the improvements to real property;  or(B)  specific findings other than those that the inspector knows to be true when the assignment is accepted;  or(2)  act in a manner or engage in a practice that:(A)  is dishonest or fraudulent;  or(B)  involves deceit or misrepresentation.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.303 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter G. Prohibited Acts|Section 1102.303. Acting in Conflicting Capacities

Sec. 1102.303.  ACTING IN CONFLICTING CAPACITIES.  An inspector may not act in a transaction in the dual capacity of inspector and:(1)  undisclosed principal;  or(2)  broker or salesperson.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.304 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter G. Prohibited Acts|Section 1102.304. Repairs and Maintenance

Sec. 1102.304.  REPAIRS AND MAINTENANCE.  An inspector may not perform or agree to perform repairs or maintenance in connection with a real estate inspection under an earnest money contract, lease, or exchange of real property.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.305 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter G. Prohibited Acts|Section 1102.305. Violation of Law

Sec. 1102.305.  VIOLATION OF LAW.  An inspector may not violate this chapter or a rule adopted by the commission.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.351 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.351. Real Estate Inspection Recovery Fund

Sec. 1102.351.  REAL ESTATE INSPECTION RECOVERY FUND.  The commission shall maintain a real estate inspection recovery fund to reimburse aggrieved persons who suffer actual damages from an inspector's act in violation of Subchapter G. The inspector must have held a license at the time the act was committed.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.352 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.352. Payments Into Fund

Sec. 1102.352.  PAYMENTS INTO FUND.  (a)  In addition to any other fees required by this chapter, a person who passes a license examination must pay a fee not to exceed $200. The commission shall deposit the fee to the credit of the fund before issuing the license.(b)  If the balance in the fund at any time is less than $300,000, each inspector at the next license renewal must pay, in addition to the renewal fee, a fee that is equal to the lesser of $75 or a pro rata share of the amount necessary to obtain a balance in the fund of $450,000. The commission shall deposit the additional fee to the credit of the fund.(c)  To ensure the availability of a sufficient amount to pay anticipated claims on the fund, the commission by rule may provide for the collection of assessments at different times and under conditions other than those specified by this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.166(a), eff. Sept. 1, 2003.|
TX Occ Code § 1102.353 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.353. Management of Fund

Sec. 1102.353.  MANAGEMENT OF FUND.  (a)  The commission shall hold money credited to the fund in trust to carry out the purpose of the fund.(b)  Money credited to the fund may be invested in the same manner as money of the Employees Retirement System of Texas, except that an investment may not be made that would impair the liquidity necessary to make payments from the fund as required by this subchapter.(c)  Interest from the investments shall be deposited to the credit of the fund.(d)  If the balance in the fund on December 31 of a year is more than $600,000, the commission shall transfer the amount in excess of $600,000 to the credit of the general revenue fund.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.354 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.354. Deadline for Action; Notice to Commission

Sec. 1102.354.  DEADLINE FOR ACTION;  NOTICE TO COMMISSION.  (a)  An action for a judgment that may result in an order for payment from the fund may not be brought after the second anniversary of the date the cause of action accrues.(b)  When an aggrieved person brings an action for a judgment that may result in an order for payment from the fund, the inspector against whom the action is brought shall notify the commission in writing of the action.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.355 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.355. Claim for Payment From Fund

Sec. 1102.355.  CLAIM FOR PAYMENT FROM FUND.  (a)  An aggrieved person who obtains a court judgment against an inspector for a violation of Subchapter G may, after final judgment is entered, execution returned nulla bona, and a judgment lien perfected, file a verified claim in the court that entered the judgment.(b)  After the 20th day after the date the aggrieved person gives written notice to the commission and judgment debtor, the person may apply to the court that entered the judgment for an order for payment from the fund of the amount unpaid on the judgment.  The court shall proceed promptly on the application.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.356 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.356. Issues at Hearing

Sec. 1102.356.  ISSUES AT HEARING.  At the hearing on the application for payment from the fund, the aggrieved person must show:(1)  that the judgment is based on facts allowing recovery under this subchapter;(2)  that the person is not:(A)  the spouse of the judgment debtor or the personal representative of the spouse;  or(B)  an inspector;(3)  that, according to the best information available, the judgment debtor does not have sufficient attachable assets in this or another state to satisfy the judgment;(4)  the amount that may be realized from the sale of assets liable to be sold or applied to satisfy the judgment;  and(5)  the balance remaining due on the judgment after application of the amount under Subdivision (4).|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.166(b), eff. Sept. 1, 2003.|
TX Occ Code § 1102.357 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.357. Commission Response

Sec. 1102.357.  COMMISSION RESPONSE.  (a)  On receipt of notice under Section 1102.355, the commission may notify the attorney general of the commission's desire to enter an appearance, file a response, appear at the hearing, defend the action, or take any other action the commission considers appropriate.(b)  The commission and the attorney general may act under Subsection (a) only to:(1)  protect the fund from spurious or unjust claims;  or(2)  ensure compliance with the requirements for recovery under this subchapter.(c)  The commission may relitigate in the hearing any material and relevant issue that was determined in the action that resulted in the judgment in favor of the aggrieved person.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.358 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.358. Court Order for Payment

Sec. 1102.358.  COURT ORDER FOR PAYMENT.  The court shall order the commission to pay from the fund the amount the court finds payable on the claim under this subchapter if at the hearing the court is satisfied:(1)  of the truth of each matter the aggrieved person is required by Section 1102.356 to show;  and(2)  that the aggrieved person has satisfied each requirement of Sections 1102.355 and 1102.356.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.359 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.359. Payment Limits; Attorney's Fees

Sec. 1102.359.  PAYMENT LIMITS;  ATTORNEY'S FEES.  (a)  Payments from the fund for claims, including attorney's fees, interest, and court costs, arising out of a single transaction may not exceed a total of $12,500, regardless of the number of claimants.(b)  Payments from the fund for claims based on judgments against a single inspector may not exceed a total of $30,000 until the inspector has reimbursed the fund for all amounts paid.(c)  If the court finds that the total amount of claims against an inspector exceeds the limitations contained in this section, the court shall proportionally reduce the amount payable on each claim.(d)  A person receiving payment from the fund is entitled to reasonable attorney's fees in the amount determined by the court, subject to the limitation prescribed by this section.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.166(c), eff. Sept. 1, 2003.|
TX Occ Code § 1102.360 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.360. Application of Judgment Recovery

Sec. 1102.360.  APPLICATION OF JUDGMENT RECOVERY.  An aggrieved person who receives a recovery on a judgment against a single defendant before receiving a payment from the fund must apply the recovery first to actual damages.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.361 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.361. Subrogation

Sec. 1102.361.  SUBROGATION.  (a)  The commission is subrogated to all rights of a judgment creditor to the extent of an amount paid from the fund, and the judgment creditor shall assign to the commission all right, title, and interest in the judgment up to that amount.(b)  The commission has priority for repayment from any subsequent recovery on the judgment.(c)  The commission shall deposit any amount recovered on the judgment to the credit of the fund.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.362 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.362. Effect on Disciplinary Proceedings

Sec. 1102.362.  EFFECT ON DISCIPLINARY PROCEEDINGS.  (a)  This subchapter does not limit the commission's authority to take disciplinary action against an inspector for a violation of this chapter or a commission rule.(b)  An inspector's repayment of all amounts owed to the fund does not affect another disciplinary proceeding brought under this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.363 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.363. Waiver of Rights

Sec. 1102.363.  WAIVER OF RIGHTS.  An aggrieved person who does not comply with this subchapter waives the person's rights under this subchapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.364 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter H. Real Estate Inspection Recovery Fund|Section 1102.364. Notice to Consumers and Service Recipients

Sec. 1102.364.  NOTICE TO CONSUMERS AND SERVICE RECIPIENTS.  (a)  Each inspector shall provide notice to consumers and service recipients of the availability of payment from the fund for aggrieved persons:(1)  on a written contract for the inspector's services;(2)  on a brochure that the inspector distributes;(3)  on a sign prominently displayed in the inspector's place of business;(4)  in a bill or receipt for the inspector's services;  or(5)  in a prominent display on the Internet website of a person regulated under this chapter.(b)  The notice must include:(1)  the commission's name, mailing address, and telephone number;  and(2)  any other information required by commission rule.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 15, Sec. 13, eff. Sept. 1, 2003.|
TX Occ Code § 1102.401 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter I. Disciplinary Proceedings, Penalties, and Enforcement Provisions|Section 1102.401. Disciplinary Powers of Commission

Sec. 1102.401.  DISCIPLINARY POWERS OF COMMISSION.  (a)  The commission may investigate an action of an inspector and, after notice and hearing as provided by Section 1101.657, reprimand the inspector, place the inspector's license on probation, or suspend or revoke the inspector's license for a violation of this chapter or a commission rule.(b)  An inspector whose license is revoked under this section may not apply to the commission for a new license until after the first anniversary of the date of the revocation.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.402 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter I. Disciplinary Proceedings, Penalties, and Enforcement Provisions|Section 1102.402. License Revocation for Claim on Fund

Sec. 1102.402.  LICENSE REVOCATION FOR CLAIM ON FUND.  (a)  The commission may revoke a license issued under this chapter or a license, approval, or registration issued under Chapter 1101 if the commission makes a payment from the real estate inspection recovery fund to satisfy all or part of a judgment against the person issued the license, approval, or registration.(b)  The commission may probate an order revoking a license.(c)  A person is not eligible for a license until the person has reimbursed the commission in full for any amount paid on the person's behalf from the real estate inspection recovery fund or the real estate recovery trust account under Subchapter M, Chapter 1101, plus interest at the legal rate.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 297 (H.B. 1530), Sec. 12, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 698 (H.B. 2911), Sec. 12, eff. September 1, 2013.|
TX Occ Code § 1102.403 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter I. Disciplinary Proceedings, Penalties, and Enforcement Provisions|Section 1102.403. Administrative Penalty

Sec. 1102.403.  ADMINISTRATIVE PENALTY.  (a)  The commission may impose an administrative penalty as provided by Subchapter O, Chapter 1101, on a person who violates this chapter or a rule adopted or order issued by the commission under this chapter or Chapter 1101.(b)  An administrative penalty collected under this section for a violation by an inspector shall be deposited to the credit of the real estate inspection recovery fund.  A penalty collected under this section for a violation by a person who is not licensed under this chapter or Chapter 1101 shall be deposited to the credit of the real estate recovery trust account or the real estate inspection recovery fund, as determined by the commission.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.160(g), eff. Sept. 1, 2003.|
TX Occ Code § 1102.404 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter I. Disciplinary Proceedings, Penalties, and Enforcement Provisions|Section 1102.404. Injunctive Relief

Sec. 1102.404.  INJUNCTIVE RELIEF.  The commission, the attorney general, a county attorney, or a district attorney, as applicable, may bring an action to enforce this chapter or to abate or enjoin a violation of this chapter or a rule adopted under this chapter as prescribed by Sections 1101.751 and 1101.752.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.405 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter I. Disciplinary Proceedings, Penalties, and Enforcement Provisions|Section 1102.405. Appeal Bond Exemption

Sec. 1102.405.  APPEAL BOND EXEMPTION.  The commission is not required to give an appeal bond in an action to enforce this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.406 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter I. Disciplinary Proceedings, Penalties, and Enforcement Provisions|Section 1102.406. General Criminal Penalty

Sec. 1102.406.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person wilfully violates or fails to comply with this chapter or a commission order.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1102.407 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter I. Disciplinary Proceedings, Penalties, and Enforcement Provisions|Section 1102.407. Criminal Penalty for Practicing Without License

Sec. 1102.407.  CRIMINAL PENALTY FOR PRACTICING WITHOUT LICENSE.  (a)  A person commits an offense if the person does not hold a license under this chapter and knowingly engages in the business of real estate inspecting, including performing an inspection while the person's license is revoked or suspended.(b)  An offense under this section is a Class A misdemeanor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.167(a), eff. Sept. 1, 2003.|
TX Occ Code § 1102.408 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle A - Professions Related to Real Estate|Chapter 1102 - Real Estate Inspectors|Subchapter I. Disciplinary Proceedings, Penalties, and Enforcement Provisions|Section 1102.408. Temporary Suspension

Sec. 1102.408.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether a person's license to practice under this chapter should be temporarily suspended.(b)  If the disciplinary panel determines from the information presented to the panel that a person licensed to practice under this chapter would, by the person's continued practice, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the license of that person.(c)  A license may be suspended under this section without notice or hearing on the complaint if:(1)  institution of proceedings for a hearing before the commission is initiated simultaneously with the temporary suspension; and(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.|Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 43, eff. September 1, 2007.|