Texas 2021 - 87th Regular

Texas House Bill HB2378 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R16956 JES-D
1	2		By: Kuempel H.B. No. 2378
	3	+	Substitute the following for H.B. No. 2378:
	4	+	By: Geren C.S.H.B. No. 2378
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to the licensing and regulation of real estate inspectors;
7	10		reducing a fee.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Sections 1102.001(1), (5), and (7), Occupations
10	13		Code, are amended to read as follows:
11	14		(1) "Apprentice inspector" means a person who is in
12	15		training under the direct supervision of a professional inspector
13	16		[or a real estate inspector] to become qualified to perform real
14	17		estate inspections.
15	18		(5) "Qualifying ["Core] real estate inspection
16	19		course" means an educational course approved by the commission that
17	20		relates to real estate inspection, including a course on structural
18	21		items, electrical items, mechanical systems, plumbing systems,
19	22		roofing, business, law, standards of practice, report writing,
20	23		appliances, or ethics.
21	24		(7) "License" means an apprentice inspector license[,
22	25		real estate inspector license,] or professional inspector license.
23	26		SECTION 2. Section 1102.101, Occupations Code, is amended
24	27		to read as follows:
25	28		Sec. 1102.101. APPRENTICE INSPECTOR LICENSE REQUIRED. A
26	29		person may not act or attempt to act as an apprentice inspector in
27	30		this state for a buyer or seller of real property unless the person:
28	31		(1) holds an apprentice inspector license under this
29	32		chapter; and
30	33		(2) is under the direct supervision of a [real estate
31	34		inspector or] professional inspector.
32	35		SECTION 3. Section 1102.104, Occupations Code, is amended
33	36		to read as follows:
34	37		Sec. 1102.104. SUPERVISION. For the purposes of this
35	38		chapter, a person performing a real estate inspection or preparing
36		-	a report of a real estate inspection is under[:
37		-	[(1)] direct supervision if the person is instructed
38		-	~~and~~ controlled by a professional inspector [or real estate
39		-	~~inspector]~~ who is:
40		-	~~(1) [~~(A)] responsible for the actions of the person;
41		-	~~(2) [~~(B)] available if needed to consult with or
42		-	~~assist~~ the person; and
43		-	~~(3) [~~(C)] physically present at the time and place of
44		-	the inspection[; and
45		-	[(2) indirect supervision if the person is instructed
	39	+	a report of a real estate inspection is under:
	40	+	(1) direct supervision if the person is instructed and
	41	+	controlled by a professional inspector [or real estate inspector]
	42	+	who is:
	43	+	(A) responsible for the actions of the person;
	44	+	(B) available if needed to consult with or assist
	45	+	the person; and
	46	+	(C) physically present at the time and place of
	47	+	the inspection; and
	48	+	(2) indirect supervision if the person is instructed
46	49		and controlled by a professional inspector who is:
47		-	[(A) responsible for the actions of the person;
	50	+	(A) responsible for the actions of the person;
48	51		and
49		-	[(B) available if needed to consult with or
50		-	~~assist~~ the person].
	52	+	(B) available if needed to consult with or assist
	53	+	the person.
51	54		SECTION 4. Section 1102.109, Occupations Code, is amended
52	55		to read as follows:
53	56		Sec. 1102.109. ELIGIBILITY FOR PROFESSIONAL INSPECTOR
54	57		LICENSE. To be eligible for a professional inspector license, an
55	58		applicant must:
56	59		(1) at the time of application have:
57	60		(A) held an apprentice [a real estate] inspector
58	61		license for at least 12 months; and
59	62		(B) performed at least 175 real estate
60		-	inspections under ~~direct [~~indirect] supervision;
	63	+	inspections under indirect supervision;
61	64		(2) submit evidence satisfactory to the commission of
62	65		successful completion of at least 120 [40] classroom hours of
63	66		qualifying [core] real estate inspection courses[, in addition to
64	67		the hours required by Section 1102.108];
65	68		(3) demonstrate competence based on the examination
66	69		under Subchapter D; and
67	70		(4) satisfy the commission as to the applicant's
68	71		honesty, trustworthiness, integrity, and competence.
69	72		SECTION 5. Section 1102.111, Occupations Code, is amended
70	73		to read as follows:
71	74		Sec. 1102.111. SUBSTITUTE REQUIREMENTS. (a) The
72	75		commission by rule shall provide for substitution of relevant
73	76		experience and additional education in place of:
74	77		(1) the number of real estate inspections required for
75	78		licensing; and
76	79		(2) the requirement that an applicant be[:
77	80		[(A)] licensed as an apprentice inspector
78	81		[before being licensed as a real estate inspector; or
79	82		[(B) licensed as a real estate inspector before
80	83		being licensed as a professional inspector].
81	84		(b) Rules adopted under Subsection (a) may not require an
82	85		applicant to:
83	86		(1) complete more than 320 additional hours of
84	87		qualifying [core] real estate inspection courses;
85	88		(2) complete more than 40 hours of field work, if the
86	89		applicant completes correspondence or other course provided by
87	90		alternative means; or
88	91		(3) have more than seven years of relevant experience.
89	92		SECTION 6. Section 1102.113, Occupations Code, is amended
90	93		to read as follows:
91	94		Sec. 1102.113. ELIGIBILITY AS SPONSOR. A professional
92	95		inspector may sponsor an apprentice inspector [or a real estate
93	96		inspector] only if the professional inspector provides sufficient
94	97		proof to the commission that the professional inspector has
95	98		completed at least 200 real estate inspections as a professional
96	99		inspector.
97	100		SECTION 7. Section 1102.151(a), Occupations Code, is
98	101		amended to read as follows:
99	102		(a) A license examination must evaluate competence in the
100	103		subject matter of each required qualifying [core] real estate
101	104		inspection course.
102	105		SECTION 8. Section 1102.205(b), Occupations Code, is
103	106		amended to read as follows:
104	107		(b) As a prerequisite for renewal of a [real estate
105	108		inspector license,] professional inspector license[,] or
106	109		apprentice inspector license, the inspector must participate in the
107	110		continuing education program and submit evidence satisfactory to
108	111		the commission of successful completion of at least 16 classroom
109	112		hours of qualifying [core] real estate inspection courses or
110	113		continuing education courses for each year of the license period
111	114		preceding the renewal.
112	115		SECTION 9. Section 1102.251, Occupations Code, is amended
113	116		to read as follows:
114	117		Sec. 1102.251. FEES. The commission shall charge and
115	118		collect reasonable and necessary fees to cover the cost of
116	119		administering this chapter for:
117	120		(1) filing an original application for an apprentice
118	121		inspector license;
119	122		(2) [filing an original application for a real estate
120	123		inspector license;
121	124		[(3)] filing an original application for a
122	125		professional inspector license;
123	126		(3) [(4)] renewal of an apprentice inspector license;
124	127		(4) [(5) renewal of a real estate inspector license;
125	128		[(6)] renewal of a professional inspector license;
126	129		(5) [(7)] a license examination;
127	130		(6) [(8)] a request to change a place of business or to
128	131		replace a lost or destroyed license; and
129	132		(7) [(9)] filing a request for issuance of a license
130	133		because of a change of name, return to active status, or change in
131	134		sponsoring professional inspector.
132	135		SECTION 10. Section 1102.352(a), Occupations Code, is
133	136		amended to read as follows:
134	137		(a) In addition to any other fees required by this chapter,
135	138		a person who submits an original application for a license under
136	139		this chapter [passes a license examination] must pay a fee not to
137	140		exceed $10 [$200]. The commission shall deposit the fee to the
138	141		credit of the fund before issuing the license.
139	142		SECTION 11. Subchapter I, Chapter 1102, Occupations Code,
140	143		is amended by adding Section 1102.409 to read as follows:
141	144		Sec. 1102.409. REAPPLICATION AFTER LICENSE REVOCATION,
142	145		DENIAL, OR SURRENDER. A person who has had the person's license
143	146		issued under this chapter revoked or application for a license
144	147		under this chapter denied after a hearing conducted under Section
145	148		1101.657 or who has surrendered the person's license issued under
146	149		this chapter to the commission may not reapply to the commission for
147	150		a license under this chapter before the second anniversary of the
148	151		date of the revocation, denial, or surrender.
149	152		SECTION 12. The following provisions of the Occupations
150	153		Code are repealed:
151	154		(1) Section 1102.001(10);
152	155		(2) Section 1102.102;
153	156		(3) Section 1102.108; and
154	157		(4) Section 1102.110(a).
155	158		SECTION 13. Section 1102.109, Occupations Code, as amended
156	159		by this Act, applies only to an application for a professional
157	160		inspector license submitted on or after September 1, 2021. An
158	161		application submitted before September 1, 2021, is governed by the
159	162		law in effect on the date the application was submitted, and the
160	163		former law is continued in effect for that purpose.
161	164		SECTION 14. Section 1102.409, Occupations Code, as added by
162	165		this Act, applies only to a person who has the person's license
163	166		revoked or application for a license denied or who surrenders the
164	167		person's license on or after September 1, 2021. A revocation,
165	168		denial, or surrender that occurs before September 1, 2021, is
166	169		governed by the law in effect on the date of the revocation, denial,
167	170		or surrender, and the former law is continued in effect for that
168	171		purpose.
169	172		SECTION 15. (a) Notwithstanding the repeal by this Act of
170	173		Section 1102.102, Occupations Code, a real estate inspector license
171	174		for which an application was submitted before September 1, 2021,
172	175		and that was issued under that former section before September 1,
173	176		2022, continues to be valid until the license expires and may be
174	177		renewed in accordance with the renewal requirements for that
175	178		license under Section 1102.203, Occupations Code, as those
176	179		requirements existed immediately before September 1, 2021, and the
177	180		former law is continued in effect for that purpose.
178	181		(b) The changes in law made by this Act do not affect the
179	182		validity of a disciplinary action or other proceeding that was
180	183		initiated against a real estate inspector license holder before
181	184		September 1, 2021, and that is pending before a court or other
182	185		governmental entity on that date.
183	186		SECTION 16. This Act takes effect September 1, 2021.