SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 1102.001 - Definitions
In this chapter: (1) "Apprentice inspector" means a person who is in training under the direct supervision of a professional inspector or a real estate...
- Texas Section 1102.002 - Applicability Of Chapter
(a) This chapter does not apply to a person who repairs, maintains, or inspects improvements to real property, including an electrician, plumber, carpenter, or person...
SUBCHAPTER B TEXAS REAL ESTATE INSPECTOR COMMITTEE
- Texas Section 1102.003 - Rules; Inspection Forms
The commission by rule shall prescribe standard forms and require inspectors to use the forms to reduce discrepancies and create consistency in preparing reports of...
- Texas Section 1102.051 - Committee Membership
(a) The Texas Real Estate Inspector Committee is an advisory committee appointed by the commission. (b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411,...
- Texas Section 1102.058 - General Powers And Duties Of Committee; Recommendations
(a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1411, Sec. 59(12), eff. September 1, 2007. (b) The committee shall recommend: (1) rules for licensing...
SUBCHAPTER C LICENSE REQUIREMENTS
- Texas Section 1102.060 - Consideration Of Committee Recommendations
The commission shall consider the committee's recommendations relating to qualifications and licensing of inspectors to assure the public of a quality professional inspection system in...
- Texas Section 1102.101 - Apprentice Inspector License Required
A person may not act or attempt to act as an apprentice inspector in this state for a buyer or seller of real property unless...
- Texas Section 1102.102 - Real Estate Inspector License Required
A person may not act or attempt to act as a real estate inspector in this state for a buyer or seller of real property...
- Texas Section 1102.103 - Professional Inspector License Required
A person may not act as a professional inspector in this state for a buyer or seller of real property unless the person holds a...
- Texas Section 1102.104 - Supervision
For the purposes of this chapter, a person performing a real estate inspection or preparing a report of a real estate inspection is under: (1)...
- Texas Section 1102.105 - Application
An applicant for a license under this chapter must file with the commission an application on a form prescribed by the commission. Added by Acts...
- Texas Section 1102.1051 - Criminal History Record Information Requirement For License
(a) The commission shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints,...
- Texas Section 1102.106 - Moral Character Determination
As prescribed by Section 1101.353, the commission shall determine, on request, whether a person's moral character complies with the commission's moral character requirements for licensing...
- Texas Section 1102.107 - Eligibility For Apprentice Inspector License
To be eligible for an apprentice inspector license, an applicant must: (1) at the time of application be: (A) at least 18 years of age;...
- Texas Section 1102.108 - Eligibility For Real Estate Inspector License
(a) To be eligible for a real estate inspector license, an applicant must: (1) at the time of application have: (A) held an apprentice inspector...
- Texas Section 1102.109 - Eligibility For Professional Inspector License
To be eligible for a professional inspector license, an applicant must: (1) at the time of application have: (A) held a real estate inspector license...
- Texas Section 1102.110 - Eligibility Of Previous License Holders
(a) Notwithstanding Section 1102.108, an applicant is eligible for and has satisfied all requirements for a real estate inspector license if the applicant: (1) held...
- Texas Section 1102.111 - Substitute Requirements
(a) The commission by rule shall provide for substitution of relevant experience and additional education in place of: (1) the number of real estate inspections...
- Texas Section 1102.112 - Waiver For Applicant Licensed In Another State
The commission may waive any license requirement for an applicant who holds a license from another state having license requirements substantially equivalent to those of...
- Texas Section 1102.113 - Eligibility As Sponsor
A professional inspector may sponsor an apprentice inspector or a real estate inspector only if the professional inspector provides sufficient proof to the commission that...
- Texas Section 1102.114 - Issuance Of License
The commission shall issue the appropriate license to an applicant who: (1) meets the required qualifications; (2) pays the fee required by Section 1102.352(a); and...
- Texas Section 1102.1141 - Financial Responsibility Requirement
(a) An inspector must maintain financial responsibility in the form of: (1) a liability insurance policy with a minimum limit of $100,000 per occurrence and...
- Texas Section 1102.115 - Denial Of License
The provisions of Section 1101.364 governing the commission's denial of a license under that chapter apply to the commission's denial of a license under this...
- Texas Section 1102.116 - Probationary License
The commission may issue a probationary license under this chapter as prescribed by Section 1101.365. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2,...
- Texas Section 1102.117 - Inactive License
The commission by rule may adopt terms by which: (1) an inspector may apply for, renew, or place a license on inactive status; and (2)...
SUBCHAPTER D LICENSE EXAMINATION
- Texas Section 1102.118 - Contact Information
(a) An inspector shall provide the commission with a current mailing address, telephone number, and, if available, e-mail address. (b) Not later than the 30th...
- Texas Section 1102.151 - Content Of Examination
(a) A license examination must evaluate competence in the subject matter of each required core real estate inspection course. (b) The commission shall: (1) prescribe...
- Texas Section 1102.152 - Offering Of Examination
The commission shall offer each license examination at least once every two months in Austin. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2,...
- Texas Section 1102.153 - Deadline For Completion
A license applicant who does not satisfy the examination requirement before the first anniversary of the date the application is filed must submit a new...
- Texas Section 1102.154 - Examination Results
(a) Not later than the 30th day after the date an examination is administered, the commission shall notify each examinee of the results of the...
SUBCHAPTER E LICENSE RENEWAL
- Texas Section 1102.155 - Reexamination
(a) An applicant who fails the examination may apply for reexamination by filing a request with the commission and paying another examination fee. (b) An...
- Texas Section 1102.201 - License Term And Expiration
(a) The commission may issue or renew a license for a period not to exceed 24 months. (b) A renewal fee for a license under...
- Texas Section 1102.202 - Notice Of License Expiration
Not later than the 31st day before the expiration date of a person's license, the commission shall provide notice of the expiration to the person....
- Texas Section 1102.203 - Renewal Of License; Information Required
(a) A person may renew an unexpired license by paying the required renewal fee to the commission before the expiration date of the license and...
SUBCHAPTER F LICENSE FEES
- Texas Section 1102.205 - Continuing Education Requirements
(a) The commission shall approve, recognize, prepare, or administer a continuing education program for inspectors. (b) As a prerequisite for renewal of a real estate...
SUBCHAPTER G PROHIBITED ACTS
- Texas Section 1102.251 - Fees
The commission shall charge and collect reasonable and necessary fees to cover the cost of administering this chapter for: (1) filing an original application for...
- Texas Section 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,...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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,...
SUBCHAPTER H REAL ESTATE INSPECTION RECOVERY FUND
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
SUBCHAPTER I DISCIPLINARY PROCEEDINGS, PENALTIES, AND ENFORCEMENT PROVISIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...