reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter P - ENFORCEMENT ACTION FOR UNLICENSED ACTIVITY › Section 535.181 - Investigation and Actions

Current through Reg. 49, No. 28; July 12, 2024
If the Commission receives information that indicates that
					 a person has engaged in unlicensed activity, it shall conduct an investigation
					 to determine if such information is accurate. If the information establishes
					 evidence to indicate a probable violation of the Act, the Commission may impose
					 an administrative penalty; issue an order to cease and desist; file a complaint
					 alleging unlicensed activity with the appropriate law enforcement official; or
					 take such other action as may be necessary and proper.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter Q - ADMINISTRATIVE PENALTIES › Section 535.191 - Schedule of Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission may suspend or revoke a
				  license or take other disciplinary action authorized by the Act in addition to
				  or instead of assessing the administrative penalties set forth in this
				  section.
(b) The administrative
				  penalties set forth in this section take into consideration all of the criteria
				  listed in §1101.702(b) of the Act.
(c) An administrative penalty range of $100 -
				  $1,500 per violation per day may be assessed for violations of the following
				  sections of the Act and Rules:
(1)
											§1101.552;
(2)
											§1101.652(a)(3);
(3)
											§1101.652(a)(8);
(4)
											§1101.652(a-1)(3);
(5)
											§1101.652(b)(23);
(6)
											§1101.652(b)(29);
(7)
											§1101.652(b)(33);
(8) 22 TAC
				  §
											535.21(a);
(9) 22 TAC §
											535.53;
(10) 22 TAC §
											535.65;
(11) 22 TAC §
											535.91(d);
(12) 22 TAC §
											535.121;
(13) 22 TAC §
											535.154;
(14) 22 TAC §
											535.155;
(15) 22 TAC §
											535.157; and
(16) 22 TAC §
											535.300.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions shall apply to this
					 subchapter.
(1) Client--a buyer or
				  seller, including a prospective buyer or seller, of real property that is the
				  subject of a real estate inspection conducted under Chapter 1102, Occupations
				  Code, and this Subchapter.
(2)
				  Committee--The Texas Real Estate Inspector Committee.
(3) Standards of Practice (SOPs)--refers to
				  §§
										535.227-
				  535.233
				  of this title, which establish the minimum requirements for a real estate
				  inspection conducted under Chapter 1102, Occupations Code, and this
				  Subchapter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.206 - The Texas Real Estate Inspector Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The functions of the Committee are as
				  prescribed by Chapter 1102.
(b) The
				  Committee consists of nine members appointed by the Commission as follows:
(1) six members who have been engaged in the
				  practice of real estate inspecting as professional inspectors for at least five
				  years before the member's appointment and who are actively engaged in that
				  practice; and
(2) three members who
				  represent the public, who are not registered, certified, or licensed by an
				  occupational or regulatory agency in the real estate
				  industry.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.208 - Application for a License

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
(1) A person who intends to be licensed by
				  the Commission must:
(A) file an application
				  for the license through the online process approved by the Commission or on a
				  form approved by the Commission for that purpose; and
(B) submit the required fee under §
												535.210 of this chapter (relating
				  to Fees).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.209 - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Examinations
				  for licensure.
(1) The examination for a real
				  estate inspector license and for a professional inspector license consists of a
				  national part and a state part.
(2)
				  The Commission adopts the National Home Inspector Examination developed by the
				  Examination Board of Professional Home Inspectors for the national portion of
				  the examination. For the state portion of the examination, questions shall be
				  used which measure competency in the subject areas required for a license by
				  Chapter 1102, and which demonstrate an awareness of its provisions relating to
				  inspectors.
(3) Each real estate
				  inspector applicant must achieve a score of at least 70% on the state portion
				  of the examination. Each professional inspector applicant must achieve a score
				  of at least 75% on the state portion of the examination. Examination results
				  are valid for a period of one year from the date the examination is
				  passed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.211 - Professional Liability Insurance, or Any Other Insurance that Provides Coverage for Violations of Subchapter G of Chapter 1102

Current through Reg. 49, No. 28; July 12, 2024
(a) When an applicant for a license issued
				  under Chapter 1102 has met all other licensing requirements, the Commission
				  shall notify the applicant that the applicant must provide proof of
				  professional liability insurance, or any other insurance that provides coverage
				  for violations of Subchapter G of Chapter 1102, before the license will be
				  issued.
(b) An inspector must
				  maintain financial responsibility during the period the license is
				  active.
(c) The applicant must
				  provide proof of insurance using a Certificate of Insurance form approved by
				  the Commission and signed by the applicant's insurance agent, or any other
				  proof of insurance acceptable to the Commission.
(d) An inspector must notify the Commission
				  within 10 days of the cancellation or non-renewal of professional liability
				  insurance coverage, or any other insurance that provides coverage for
				  violations of Subchapter G of Chapter 1102.
(e) An inspector must retain sufficient
				  records of professional liability insurance coverage, or any other insurance
				  that provides coverage for violations of Subchapter G of Chapter 1102, to
				  document to the Commission continuous coverage for the preceding two year
				  license period.
(f) The requirement
				  that an inspector carry financial responsibility does not require coverage for
				  violations wherein providing such insurance coverage would be as against public
				  policy.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.214 - Education and Experience Requirements for a License

Current through Reg. 49, No. 28; July 12, 2024
(a) Sponsored
				  Experience and Education Requirements for a Real Estate Inspector License. To
				  become licensed as a real estate inspector a person must:
(1) satisfy the 90-hour education requirement
				  for licensure by completing the following coursework:
(A) Property and Building Inspection Module
				  I, total 40 hours;
(B) Property and
				  Building Inspection Module II, total 40 hours; and
(C) Business Operations and Professional
				  Responsibilities Module, total 10 hours;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.215 - Inactive Inspector Status

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For the purposes of this section, an "inactive" inspector is a licensed
				  professional inspector, real estate inspector, or apprentice inspector who is
				  not authorized by law to engage in the business of performing real estate
				  inspections as defined by Chapter 1102.
(b) The Commission may place an inspector on
				  inactive status for any of the following reasons:
(1) the written request of the inspector to
				  be placed on inactive status as provided for under subsection (c); or
(2) the inspector's failure to satisfy
				  continuing education requirements. In addition, the inspector's license is
				  inactive when the following occurs:
(A)
				  termination of sponsorship by a professional inspector;
(B) the death of the inspector's sponsoring
				  professional inspector;
(C) the
				  expiration, suspension, or revocation of the license of the inspector's
				  sponsoring professional inspector;
(D) the failure of the license holder to
				  provide to the Commission proof of financial responsibility as required by
				  Chapter 1102 and on a form approved by the Commission for that purpose;
				  or
(E) the expiration or
				  non-renewal of the inspector's financial responsibility as required by Chapter
				  1102.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.216 - Renewal of License

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal
				  application.
(1) A license issued by the
				  Commission under Chapter 1102 expires on the date shown on the face of the
				  license issued to the license holder.
(2) If a license holder intends to renew an
				  unexpired license, the license holder must, on or before the expiration date of
				  the current license:
(A) file a renewal
				  application through the online process on the Commission's website or on the
				  applicable form approved by the Commission;
(B) pay the appropriate fee as required by
				  §
												535.210 of this subchapter
				  (relating to Fees);
(C) comply with
				  the fingerprinting requirements of Chapter 1102;
(D) satisfy the applicable continuing
				  education requirements of Chapter 1102 and this subchapter; and
(E) provide proof of financial responsibility
				  as required in Chapter 1102 on a form approved by the
				  Commission.
(3) An
				  apprentice inspector or a real estate inspector must be sponsored by a licensed
				  professional inspector in order to renew a license on an active
				  status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.217 - Mailing Address and Other Contact Information

Current through Reg. 49, No. 28; July 12, 2024
Each license holder shall provide a mailing address, phone
					 number, and email address, if available, to the Commission and shall report all
					 subsequent changes not later than the 30th day after the date of a change of
					 any of the listed contact information. If a license holder fails to update the
					 contact information, the last known contact information provided to the
					 Commission is the license holder's contact information.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.218 - Continuing Education Required for Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Continuing
				  education required for renewal.
(1) Before
				  renewal of an inspector license, a license holder must take 32 hours of
				  continuing education which shall include the following:
(A) 24 hours in the following subjects:
(i) Foundations;
(ii) Framing;
(iii) Building Enclosures;
(iv) Roof Systems;
(v) Plumbing Systems;
(vi) Electrical Systems;
(vii) HVAC Systems;
(viii) Appliances;
(ix) Texas Standard Report Form
				  Writing;
(x) Other approved courses
				  related real estate inspections; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.219 - Schedule of Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission may suspend or revoke a
				  license or take other disciplinary action authorized by Chapter 1102 in
				  addition to or instead of assessing the administrative penalties set forth in
				  this section.
(b) The
				  administrative penalties set forth in this section consider the criteria listed
				  in §1101.702(b) of the Act.
(c) An administrative penalty range of $100 -
				  $1,500 per violation per day may be assessed for violations of the following
				  sections of Chapter 1101, Chapter 1102 and this subchapter:
(1)
											§1101.652(a)(8);
(2)
											§1102.118;
(3)
											§1102.305;
(4) 22 TAC §
											535.216(c);
(5) 22 TAC §
											535.217;
(6) 22 TAC §
											535.220(a) - (d)
				  and (g);
(7) 22 TAC §
											535.221; and
(8) 22 TAC §
											535.223.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.220 - Professional Conduct and Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  responsibility of those persons who engage in the business of performing
				  independent inspections of improvements in real estate transactions imposes
				  integrity beyond that of a person involved in ordinary commerce. Each inspector
				  must maintain a high standard of professionalism, independence, objectivity and
				  fairness while performing inspections in a real estate transaction. Each
				  inspector license holder must also uphold, maintain, and improve the integrity,
				  reputation, and practice of the home inspection profession.
(b) The relationship between an inspector and
				  a client should at a minimum meet the following guidelines.
(1) In accepting employment as an inspector,
				  the inspector should protect and promote the interest of the client to the best
				  of the inspector's ability and knowledge, recognizing that the client has
				  placed trust and confidence in the inspector.
(2) In the interest of the client and the
				  inspector's profession, the inspector should endeavor always to maintain and
				  increase the inspector's level of knowledge regarding new developments in the
				  field of inspection.
(3) The
				  inspector should conduct the inspector's business in a manner that will assure
				  the client of the inspector's independence from outside influence and interests
				  that might compromise the inspector's ability to render a fair and impartial
				  opinion regarding any inspection performed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.221 - Advertisements

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of this section, advertisements are all communications created or
				  caused to be created by a licensed inspector for the purpose of inducing or
				  attempting to induce a member of the public to use the services of the
				  inspector, including but not limited to the following types of communications
				  when disseminated for this purpose: inspection reports, business cards,
				  invoices, signs, brochures, email, the Internet, electronic transmissions, text
				  messages, and purchased telephone directory displays and advertising by
				  newspaper, radio and television.
(b) Advertisements by a person licensed as an
				  inspector must contain the name or assumed business name of the license holder.
				  The advertisements must also contain the license number of the person. If the
				  person is licensed as a real estate inspector or as an apprentice inspector,
				  the advertisements must also contain the following:
(1) the name or assumed name of the person's
				  sponsoring professional inspector; and
(2) a statement indicating that the person is
				  sponsored by that professional inspector.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.222 - Inspection Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
				  inspection, the inspector shall prepare a written inspection report noting
				  observed deficiencies and other items required to be reported. Unless otherwise
				  agreed in writing by the client, the inspector shall:
(1) deliver the report to the client within
				  two days of receipt of payment in full for the inspection; or
(2) if payment in full is received before the
				  scheduled inspection, deliver the report to the client within two days of
				  completion of the inspection.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.224 - Practice and Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Proceedings
				  shall be conducted in the manner contemplated by §§533.1 - 533.10,
				  533.20 - 533.21, 533.25, 533.30 - 533.37 and 533.40 of this chapter and with
				  Chapter
				  2001, Texas
				  Government Code.
(b) In addition to
				  the grounds for disciplinary action provided in Chapter 1102, a license of an
				  inspector may be suspended or revoked by the Commission if the inspector:
(1) fails to maintain professional liability
				  insurance coverage, a bond or any other security acceptable by the Commission
				  that provides coverage for violations of Subchapter G of Chapter 1102 during
				  the period a license is active; or
(2) fails to notify the Commission within 10
				  days of the cancellation or non-renewal of professional liability insurance
				  coverage, a bond or any other security acceptable by the Commission that
				  provides coverage for violations of Subchapter G of Chapter
				  1102.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.226 - Sponsorship of Apprentice Inspectors and Real Estate Inspectors

Current through Reg. 49, No. 28; July 12, 2024
(a) An apprentice
				  inspector or real estate inspector may be sponsored by only one licensed
				  professional inspector.
(b) A
				  change in sponsorship shall be reported to the Commission immediately. If the
				  sponsorship has ended because the professional inspector has terminated the
				  sponsorship, the professional inspector shall immediately so notify the
				  apprentice or real estate inspector in writing. If the sponsorship has ended
				  because the apprentice inspector or real estate inspector has left the
				  sponsorship, the apprentice inspector or real estate inspector shall
				  immediately so notify the professional inspector in writing.
(c) An apprentice inspector or real estate
				  inspector who is on active status may act for the new sponsoring professional
				  inspector once the Commission has been notified of the change and any required
				  fee has been submitted. If the apprentice or real estate inspector is on
				  inactive status, the return to active status shall be subject to the
				  requirements of §
										535.215
				  of this title.
(d) A licensed
				  professional inspector is responsible for the conduct of a sponsored apprentice
				  inspector. At a minimum, a licensed professional inspector shall provide direct
				  supervision of the apprentice inspector by:
(1) accompanying the apprentice inspector
				  during the performance of all inspections performed by the apprentice or
				  arranging for a real estate inspector to accompany the apprentice;
				  and
(2) reviewing any written
				  inspection report prepared by the apprentice inspector for compliance with the
				  provisions of the standards of practice adopted by the Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.227 - Standards of Practice: General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope.
(1) These standards of practice apply when a
				  professional inspector or real estate inspector who is licensed under this
				  chapter accepts employment to perform a real estate inspection for a
				  prospective buyer or seller of real property.
(2) These standards of practice define the
				  minimum requirements for a real estate inspection conducted on a one to four
				  family unit that is substantially completed. Substantially completed means the
				  stage of construction when a new building, addition, improvement, or alteration
				  to an existing building can be occupied or used for its intended
				  purpose.
(3) For the purposes of
				  these standards of practice a real estate inspection:
(A) is a limited visual survey and basic
				  performance evaluation of the systems and components of a building using normal
				  controls that provides information regarding the general condition of a
				  residence at the time of inspection;
(B) is not intended to be a comprehensive
				  investigation or exploratory probe to determine the cause or effect of
				  deficiencies noted by the inspector; and
(C) requires the use of reasonable and
				  appropriate tools to satisfy the requirements of the standards of practice.
				  However an inspection does not require the use of:
(i) specialized equipment, including but not
				  limited to:
(I) thermal imaging
				  equipment;
(II) moisture
				  meters;
(III) gas or carbon
				  monoxide detection equipment;
(IV)
				  environmental testing equipment and devices;
(V) elevation determination
				  devices;
(VI) ladders capable of
				  reaching surfaces over one story above ground surfaces;
(VII) cameras or other tools used to inspect
				  the interior of a drain or sewer line; or
(VIII) drones; or
(ii) specialized procedures, including but
				  not limited to:
(I) environmental
				  testing;
(II) elevation
				  measurement;
(III) calculations;
				  or
(IV) any method employing
				  destructive testing that damages otherwise sound materials or
				  finishes.
(4) These standards of practice do not
				  prohibit an inspector from providing a higher level of inspection performance
				  than required by these standards of practice or from inspecting components and
				  systems in addition to those listed under the standards of practice. If an
				  inspector provides services beyond the scope required by these standards of
				  practice, including the use of specialized equipment, or inspects components
				  and systems in addition to those listed under the standards of practice, the
				  inspector must possess the competency required to do so.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.228 - Standards of Practice: Minimum Inspection Requirements for Structural Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Foundations.
(1) The inspector shall:
(A) render a written opinion as to the
				  performance of the foundation;
(B)
				  report:
(i) the type of foundations;
				  and
(ii) the vantage point from
				  which the crawl space was inspected;
(C) generally report present and visible
				  indications used to render the opinion of adverse performance, such as:
(i) binding, out-of-square, non-latching
				  doors;
(ii) framing or frieze board
				  separations;
(iii) sloping
				  floors;
(iv) window, wall, floor,
				  or ceiling cracks or separations; and
(v) rotating, buckling, cracking, or
				  deflecting masonry cladding; and
(D) report as Deficient:
(i) deteriorated materials;
(ii) deficiencies in foundation components
				  such as; beams, joists, bridging, blocking, piers, posts, pilings, columns,
				  sills or subfloor;
(iii)
				  deficiencies in retaining walls related to foundation performance;
(iv) exposed or damaged
				  reinforcement;
(v) crawl space
				  ventilation that is not performing; and
(vi) crawl space drainage that is not
				  performing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.229 - Standards of Practice: Minimum Inspection Requirements for Electrical Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Service
				  entrance and panels.
(1) The inspector shall
				  report as Deficient:
(A) a drop, weatherhead
				  or mast that is not securely fastened to the building;
(B) the absence of or deficiencies in the
				  grounding electrode system;
(C)
				  missing or damaged dead fronts or covers plates;
(D) conductors not protected from the edges
				  of electrical cabinets, gutters, or cutout boxes;
(E) electrical cabinets and panel boards not
				  appropriate for their location; such as a clothes closet, bathrooms or where
				  they are exposed to physical damage;
(F) electrical cabinets and panel boards that
				  are not accessible or do not have a minimum of 36-inches of clearance in front
				  of them;
(G) deficiencies in:
(i) electrical cabinets, gutters, cutout
				  boxes, and panel boards;
(ii) the
				  insulation of the service entrance conductors, drip loop, separation of
				  conductors at weatherheads, and clearances;
(iii) the compatibility of overcurrent
				  devices and conductors;
(iv) the
				  overcurrent device and circuit for labeled and listed 250 volt
				  appliances;
(v) bonding and
				  grounding;
(vi) conductors;
				  and
(vii) the operation of
				  installed ground-fault or arc-fault circuit interrupter devices; and
(H) the absence of:
(i) trip ties on 250 volt overcurrent devices
				  or multi-wire branch circuit;
(ii)
				  appropriate connections;
(iii)
				  anti-oxidants on aluminum conductor terminations; and
(iv) main disconnecting means.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.230 - Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Heating equipment.
(1) General requirements.
				  The inspector shall:
(A) report:
(i) the type of heating systems;
				  and
(ii) the energy sources;
				  and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.231 - Standards of Practice: Minimum Inspection Requirements for Plumbing Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Plumbing
				  systems.
(1) The inspector shall:
(A) report:
(i) location of water meter;
(ii) location of homeowners main water supply
				  shutoff valve; and
(iii) static
				  water pressure;
(iv) visible
				  material used for water supply lines and drain lines;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.232 - Standards of Practice: Minimum Inspection Requirements for Appliances

Current through Reg. 49, No. 28; July 12, 2024
(a) Dishwashers.
				  The inspector shall report as Deficient:
(1)
				  inoperative units;
(2) deficiencies
				  in performance or mounting;
(3)
				  rusted, missing or damaged components;
(4) the presence of visible active water
				  leaks; and
(5) the absence of
				  visible backflow prevention.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.233 - Standards of Practice: Minimum Inspection Requirements for Optional Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) An inspector is
				  not required to inspect the components or systems described under this
				  section.
(b) If an inspector agrees
				  to inspect a component or system described under this section, the general
				  provisions under §
										535.227
				  of this title and the provisions and requirements of this section applicable to
				  that component or system apply.
(c)
				  Landscape irrigation (sprinkler) systems.
(1)
				  The inspector shall:
(A) manually operate all
				  zones or stations on the system through the controller;
(B) report as Deficient:
(i) the absence of a rain or moisture
				  sensor,
(ii) inoperative zone
				  valves;
(iii) surface water
				  leaks;
(iv) the absence of a
				  backflow prevention device;
(v) the
				  absence of shutoff valves between the water meter and backflow
				  device;
(vi) deficiencies in the
				  performance and mounting of the controller;
(vii) missing or damaged components;
				  and
(viii) deficiencies in the
				  performance of the water emission devices; such as, sprayer heads, rotary
				  sprinkler heads, bubblers or drip lines.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter R - REAL ESTATE INSPECTORS › Section 535.240 - Proration of Payments from the Real Estate Inspection Recovery Fund

Current through Reg. 49, No. 28; July 12, 2024
In the event of multiple and valid pending claims against a
					 license holder or certificate holder in excess of the limitations in
					 §1102.359, the claims are prorated as follows.
(1) Actual damages shall be allocated first.
				  If the total of the eligible actual damages of all claims exceeds the maximum
				  that may be paid from the Real Estate Inspection Recovery Fund, the actual
				  damages are prorated, and no interest, attorney fees, or court costs are
				  paid.
(2) If, after allocating the
				  actual damages as provided by paragraph (1) of this section, the limitations in
				  §1102.359 of Chapter 1102, interest on actual damages (pre-judgment and
				  post-judgment) are allocated second. If the total of the interest on eligible
				  actual damages of all claims exceeds the amount remaining to be paid from the
				  Real Estate Inspection Recovery Fund, the interest on eligible actual damages
				  are prorated, and no other interest, attorney fees, or court costs are
				  paid.
(3) If, after allocating the
				  actual damages and interest thereon as provided by paragraph (1) and (2) of
				  this section, the limitations in §1102.359 of Chapter 1102, are not
				  reached, other interest, attorney fees, and court costs are allocated third. If
				  the total of the other interest, attorney fees, and court costs of all claims
				  exceeds the amount remaining to be paid from the Real Estate Inspection
				  Recovery Fund, the other interest, attorney fees, and court costs are
				  prorated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter S - RESIDENTIAL RENTAL LOCATORS › Section 535.300 - Advertising by Residential Rental Locators

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is intended to establish
				  standards relating to permissible forms of advertising by a person licensed as
				  a real estate broker or sales agent and functioning as a residential rental
				  locator ("locator"). For the purposes of this section, the term "residential
				  rental locator" has the meaning provided by §1101.002(6) of the Act. For
				  the purposes of this section, the term "advertisement" has the same meaning
				  provided by § 535.155 of this chapter.
(b) If a locator advertises more than one
				  apartment unit in the same advertisement and lists amenities or features
				  generally without providing the features or amenities available at a specific
				  rent for a specific unit, the advertisement must include a statement having a
				  meaning substantially equivalent to one of the following.
(1) "Not all units have the advertised
				  features or amenities."
(2) "The
				  rent is $_____ or more, depending on the features of the unit."
(3) "The rent quoted is the minimum for a
				  unit which may not have all the features advertised."
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter T - EASEMENT OR RIGHT-OF-WAY AGENTS › Section 535.400 - Registration of Easement or Right-of-Way Agents

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
(1) A person who intends to be registered by
				  the Commission as an easement or right-of-way agent must:
(A) file an application for the registration
				  through the online process approved by the Commission or on the form prescribed
				  by the Commission for that purpose; and
(B) submit the required fee under §
												535.404 of this subchapter
				  (relating to Fees).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter T - EASEMENT OR RIGHT-OF-WAY AGENTS › Section 535.401 - Required Notices

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  adopts by reference TREC No. ERW 4-1, Notice Regarding Easements and
				  Rights-of-Way, which is published by and available from the Commission, P.O.
				  Box 12188, Austin, Texas 78711-2188.
(b) Each certificate holder shall, before a
				  party in a transaction other than the party the certificate holder represents
				  is obligated to sell, buy, lease, or transfer a right-of-way or easement,
				  provide to the party a copy of TREC No. ERW 4-1 completed by the certificate
				  holder.
(c) Each certificate holder
				  shall provide the consumer notice adopted under §
										531.18 of this title (relating to
				  Consumer Information) in the manner described by that section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter T - EASEMENT OR RIGHT-OF-WAY AGENTS › Section 535.402 - Complaints, Disciplinary Action and Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  investigation of complaints and disciplinary action by the Commission against
				  certificate holder will be conducted in accordance with the Act and §
										535.141 of this chapter (relating
				  to Initiation of Investigation; Order Requirements). In addition to the grounds
				  for revoking or suspending a registration listed in the Act, the Commission may
				  revoke or suspend the registration of a certificate holder on the following
				  grounds:
(1) procuring or attempting to
				  procure a registration by fraud, misrepresentation or deceit, or by making a
				  material misstatement of fact in an application;
(2) failing or refusing on demand to produce
				  a document, book, or record in the certificate holder's possession concerning
				  an easement or right-of-way transaction involving the certificate holder for
				  examination by the Commission or its authorized agent; and
(3) failing to provide information requested
				  by the Commission or its authorized agent in the course of an investigation of
				  a complaint by the 14th day after the date of the request.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter T - EASEMENT OR RIGHT-OF-WAY AGENTS › Section 535.403 - Renewal of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal
				  application.
(1) A registration expires on the
				  date shown on the face of the registration issued to the certificate
				  holder.
(2) If a certificate holder
				  intends to renew an unexpired registration, the certificate holder must, on or
				  before the expiration date of the current registration:
(A) file a renewal application through the
				  online process on the Commission's website or on the applicable form approved
				  by the Commission;
(B) submit the
				  appropriate fee required by §
												535.404 of this subchapter
				  (relating to Fees); and
(C) comply
				  with the fingerprinting and education requirements under the
				  Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter T - EASEMENT OR RIGHT-OF-WAY AGENTS › Section 535.404 - Fees

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall charge and collect the following
					 fees:
(1) a fee of $200 for the
				  application or renewal of a registration for a two-year period; and
(2) a fee of $50 for deposit into the Real
				  Estate Recovery Trust Account upon the filing of an original or renewal
				  application for a certificate of registration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter T - EASEMENT OR RIGHT-OF-WAY AGENTS › Section 535.405 - Employee of Owner or Purchaser

Current through Reg. 49, No. 28; July 12, 2024
(a) An easement or
				  right-of-way registration is not required for an individual employed by an
				  owner or purchaser for the purpose of selling, buying, leasing or transferring
				  an easement or right-of-way for the owner. A person is considered to be an
				  owner if it holds an interest in or wishes to acquire an easement or
				  right-of-way or has an equitable title or right acquired by contract with the
				  record title holder.
(b) An
				  easement or right-of-way agent employed by an owner or purchaser means a person
				  employed and directly compensated by an owner or purchaser. An independent
				  contractor is not an employee.
(c)
				  Withholding income taxes and Federal Insurance Contributions Act (F.I.C.A.)
				  taxes from wages paid to another person is considered evidence of
				  employment.
(d) An employee of a
				  business easement or right-of-way certificate holder is required to have an
				  individual easement or right-of-way registration to sell, buy, lease, or
				  transfer an easement or right-of-way.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 535 - GENERAL PROVISIONS › Subchapter T - EASEMENT OR RIGHT-OF-WAY AGENTS › Section 535.406 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
To renew a certificate under this subchapter, a certificate
					 holder must have completed 16 hours of approved continuing education prior to
					 renewal as required by § 1101.509, Texas Occupations
					 Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms and phrases, when used in this chapter,
				  have the following meanings:
(1)
				Commission--The Texas Real Estate Commission.
(2) Contract forms--Contracts and related
				addenda, including notices, amendments, and other documents, used in the sale,
				exchange, option, or lease of any interest in real property.
(3) Informational item--A statement that
				completes a blank in a contract form, discloses factual information, or
				provides instructions.
(4) License
				holder--A real estate broker or sales agent licensed under Chapter
				1101, Texas
				Occupations Code.
(5) Mandatory
				use--Unless an exception applies under subsection (a) of section 537.11
				(relating to Use of Standard Contract Forms; Unauthorized Practice of Law), use
				of the contract form is required by a license holder.
(6) Voluntary use--A license holder may, but
				is not required to, use the contract form.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.11 - Use of Standard Contract Forms; Unauthorized Practice of Law

Current through Reg. 49, No. 28; July 12, 2024
(a) When
				negotiating contracts binding the sale, exchange, option, or lease of any
				interest in real property, a license holder shall use only those contract forms
				approved for mandatory use by the Commission for that type of transaction with
				the following exceptions:
(1) transactions in
				which the license holder is functioning solely as a principal, not as an
				agent;
(2) transactions in which an
				agency of the United States government requires a different form to be
				used;
(3) transactions for which a
				contract form has been prepared by the property owner or prepared by an
				attorney and required by a property owner; or
(4) transactions for which no contract form
				has been approved for mandatory use by the Commission, and the license holder
				uses a form:
(A) prepared by an attorney
				licensed by this state, or a trade association in consultation with an attorney
				licensed by this state that contains:
(i) the
				name of the attorney or trade association who prepared the form;
(ii) the name of the broker or trade
				association for whom the form was prepared;
(iii) a statement indicating the type of
				transaction for which the attorney or trade association has approved the use of
				the form;
(iv) any restrictions on
				the use of the form; and
(v) if
				applicable, an explanation of how the form changes the rights, obligations, or
				remedies of a party under a contract form approved for mandatory use by the
				Commission and a statement that license holders may not practice law or give
				legal advice; or
(B)
				prepared by the Texas Real Estate Broker-Lawyer Committee and approved by the
				Commission for voluntary use by license holders.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.20 - Standard Contract Form TREC No. 9-16, Unimproved Property Contract

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 9-16 approved by the Commission in
				  2022 for mandatory use in the sale of unimproved property where the intended
				  use is for one to four family residences.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.21 - Standard Contract Form TREC No. 10-6, Addendum for Sale of Other Property by Buyer

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 10-6 approved by the Commission in
				  2012 for mandatory use as an addendum concerning sale of other property by a
				  buyer to be attached to promulgated forms of contracts.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.22 - Standard Contract Form TREC No. 11-7, Addendum for "Back-Up" Contract

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 11-7 approved by the Commission in
				  2012 for mandatory use as an addendum to be attached to promulgated forms of
				  contracts which are second or "back-up" contracts.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.23 - Standard Contract Form TREC No. 12-3, Addendum for Release of Liability on Assumed Loan and/or Restoration of Seller's VA Entitlement

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 12-3 approved by the Commission in
				  2012 for mandatory use as an addendum to be attached to promulgated forms of
				  contracts where there is a Veterans Administration release of liability or
				  restoration entitlement.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.26 - Standard Contract Form TREC No. 15-6, Seller's Temporary Residential Lease

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 15-6 approved by the Commission in
				  2022 for mandatory use as a residential lease when a seller temporarily
				  occupies property after closing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.27 - Standard Contract Form TREC No. 16-6, Buyer's Temporary Residential Lease

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 16-6 approved by the Commission in
				  2022 for mandatory use as a residential lease when a buyer temporarily occupies
				  property before closing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.28 - Standard Contract Form TREC No. 20-17, One to Four Family Residential Contract (Resale)

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 20-17 approved by the Commission in
				  2022 for mandatory use in the resale of residential real
				  estate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.30 - Standard Contract Form TREC No. 23-18, New Home Contract (Incomplete Construction)

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 23-18 approved by the Commission in
				  2022 for mandatory use in the sale of a new home where construction is
				  incomplete.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 537 - PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS › Section 537.31 - Standard Contract Form TREC No. 24-18, New Home Contract (Completed Construction)

Current through Reg. 49, No. 28; July 12, 2024
The Texas Real Estate Commission (Commission) adopts by
				  reference standard contract form TREC No. 24-18 approved by the Commission in
				  2022 for mandatory use in the sale of a new home where construction is
				  completed.