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2005 Texas Occupations Code CHAPTER 1102. REAL ESTATE INSPECTORS
OCCUPATIONS CODE CHAPTER 1102. REAL ESTATE INSPECTORS SUBCHAPTER A. GENERAL PROVISIONS § 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 inspector to become qualified to perform real estate inspections. (2) "Broker" has the meaning assigned by Section 1101.002. (3) "Commission" means the Texas Real Estate Commission. (4) "Committee" means the Texas Real Estate Inspector Committee. (5) "Core real estate inspection course" means an educational course approved by the commission that relates to real estate inspection, including a course on structural items, electrical items, mechanical systems, plumbing systems, roofing, business, law, standards of practice, report writing, appliances, or ethics. (6) "Inspector" means a person who holds a license under this chapter. (7) "License" means an apprentice inspector license, real estate inspector license, or professional inspector license. (8) "Professional inspector" means a person who represents to the public that the person is trained and qualified to perform a real estate inspection and who accepts employment to perform a real estate inspection for a buyer or seller of real property. (9) "Real estate inspection" means a written or oral opinion as to the condition of the improvements to real property, including structural items, electrical items, mechanical systems, plumbing systems, or equipment. (10) "Real estate inspector" means a person who represents to the public that the person is trained and qualified to perform a real estate inspection under the indirect supervision of a professional inspector and who accepts employment to perform a real estate inspection for a buyer or seller of real property. (11) "Salesperson" has the meaning assigned by Section 1101.002. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 in the business of structural pest control in compliance with Chapter 1951, if the person does not represent to the public through personal solicitation or public advertising that the person is in the business of inspecting those improvements. (b) This chapter does not prevent a person from performing an act the person is authorized to perform under a license or registration issued by this state or a governmental subdivision of this state under a law other than this chapter. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 real estate inspections. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.SUBCHAPTER B. TEXAS REAL ESTATE INSPECTOR COMMITTEE § 1102.051. COMMITTEE MEMBERSHIP. (a) The Texas Real Estate Inspector Committee consists of nine members appointed by the commission. (b) A member of the committee must have been primarily engaged in the practice of real estate inspecting for at least five years before the member's appointment and must be actively engaged in that practice as a professional inspector at the time of the member's appointment. (c) Not more than three members of the committee may hold a broker license. (d) Appointments to the committee shall be made without regard to the sex, race, color, age, disability, religion, or national origin of the appointee. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.052. TERMS; VACANCY. (a) Members of the committee serve staggered six-year terms, with the terms of three members expiring on February 1 of each odd-numbered year. A member holds office until the member's successor is appointed. (b) If a vacancy occurs during a member's term, the commission shall appoint a replacement to fill the unexpired term. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.053. OFFICERS. The committee shall annually elect from its members a presiding officer, assistant presiding officer, and secretary. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.054. GROUNDS FOR REMOVAL. (a) The commission may remove a committee member if the member: (1) does not have at the time of appointment the qualifications required by Section 1102.051; (2) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (3) is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during each year unless the absence is excused by the committee. (b) The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists. (c) If the administrator of the commission has knowledge that a potential ground for removal exists, the administrator shall notify the presiding officer of the commission that the potential ground exists. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.055. PER DIEM; REIMBURSEMENT. Subject to any applicable limitation in the General Appropriations Act, a member of the committee is entitled to: (1) a per diem allowance; and (2) reimbursement of travel expenses necessarily incurred in performing committee functions. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.056. MEETINGS; QUORUM. (a) The committee shall meet semiannually and at the call of the commission. The committee may meet at the call of a majority of its members. (b) A quorum of the committee is five members. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.057. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE PROCEDURE. The committee is subject to Chapters 551, 552, 2001, and 2002, Government Code. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.058. GENERAL POWERS AND DUTIES OF COMMITTEE; RECOMMENDATIONS. (a) The committee has the powers and shall perform the duties that the commission delegates to the committee. (b) The committee shall recommend: (1) rules for licensing inspectors in this state, including rules relating to: (A) education and experience requirements; (B) any qualifying examination; (C) continuing education requirements; and (D) granting or denying a license application; (2) the form of any required application or other document; (3) reasonable fees to implement this chapter, including application fees, examination fees, fees for renewal of a license, and any other fee required by law; (4) rules relating to standards of practice for real estate inspection; (5) rules establishing a code of professional conduct and ethics for an inspector; and (6) any other commission action to provide a high degree of service to and protection of the public in dealing with an inspector. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.059. REVIEW OF COMMISSION RULES. (a) The committee in an advisory capacity shall develop and recommend to the commission rules under this chapter. The committee shall review commission rules relating to this chapter and recommend to the commission amendments to the rules. (b) The commission shall submit to the committee for development or recommendation each proposed rule, proposed amendment to a rule, and request for a proposed rule or proposed amendment to a rule that relates to the regulation or licensing of inspectors. (c) The commission may modify a rule developed by the committee if the commission finds the modification to be in the public interest. This chapter does not prohibit the commission from developing and adopting a rule relating to the regulation or licensing of inspectors if the committee does not develop or recommend a rule within a reasonable time after the commission submits to the committee a proposed rule, amendment to a rule, or request for a proposed rule or amendment to a rule. (d) If the committee determines that a rule that the commission requests should not be developed or recommended for adoption by the commission, the committee shall submit to the commission a report on the matter. An ad hoc body shall be established to consider the report and recommend possible commission action. The presiding officer of the commission shall appoint four members of the commission to serve on the ad hoc body, one of whom may be the presiding officer of the commission and at least one of whom must be a public member of the commission. The presiding officer of the committee shall appoint three members of the committee to serve on the ad hoc body. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 real estate transactions in this state. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.061. DELEGATION OF AUTHORITY IN CONTESTED CASES. In contested cases regarding an inspector, the commission may: (1) authorize the committee to conduct administrative hearings, recommend the entry of final orders, or both; and (2) authorize specific employees to conduct hearings and render final decisions. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.062. PROCEDURAL RULES. The commission shall adopt procedural rules to be used by the committee in implementing its powers and duties. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.SUBCHAPTER C. LICENSE REQUIREMENTS § 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 the person: (1) holds an apprentice inspector license under this chapter; and (2) is under the direct supervision of a real estate inspector or professional inspector. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 unless the person: (1) holds a real estate inspector license under this chapter; and (2) is under the indirect supervision of a professional inspector. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 professional inspector license under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.1035. ADDITIONAL GENERAL ELIGIBILITY REQUIREMENTS FOR CERTAIN BUSINESS ENTITIES. (a) To be eligible for a professional inspector license under this chapter: (1) a corporation must designate one of its officers or employees as its agent for purposes of this chapter; and (2) a limited liability company must designate one of its managers or employees as its agent for purposes of this chapter. (b) A corporation or limited liability company may not act as a professional inspector unless the entity's designated agent is a licensed professional inspector according to the commission's records. Added by Acts 2005, 79th Leg., ch. 825, § 11, eff. Sept. 1, 2005. § 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) direct supervision if the person is instructed and controlled by a professional inspector or real estate inspector who is: (A) responsible for the actions of the person; (B) available if needed to consult with or assist the person; and (C) physically present at the time and place of the inspection; and (2) indirect supervision if the person is instructed and controlled by a professional inspector who is: (A) responsible for the actions of the person; and (B) available if needed to consult with or assist the person. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 under this chapter and may conduct a supplemental moral character determination of the person. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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; (B) a citizen of the United States or a lawfully admitted alien; and (C) a resident of this state; (2) be sponsored by a professional inspector; and (3) satisfy the commission as to the applicant's honesty, trustworthiness, and integrity. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 license for at least three months; and (B) performed at least 25 real estate inspections under direct supervision; (2) submit evidence satisfactory to the commission of successful completion of at least 90 classroom hours of core real estate inspection courses; (3) demonstrate competence based on the examination under Subchapter D; (4) be sponsored by a professional inspector; and (5) satisfy the commission as to the applicant's honesty, trustworthiness, integrity, and competence. (b) The commission by rule may specify the length and content of the courses required by Subsection (a)(2). Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 for at least 12 months; and (B) performed at least 175 real estate inspections under indirect supervision; (2) submit evidence satisfactory to the commission of successful completion of at least 30 classroom hours of core real estate inspection courses, in addition to the hours required by Section 1102.108, and at least eight classroom hours related to the study of standards of practice, legal issues, or ethics related to the practice of real estate inspecting; (3) demonstrate competence based on the examination under Subchapter D; and (4) satisfy the commission as to the applicant's honesty, trustworthiness, integrity, and competence. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 15, § 10, eff. Sept. 1, 2003. § 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 a real estate inspector license during the 24-month period preceding the date the application is filed; (2) is sponsored by a professional inspector; and (3) satisfies the commission as to the applicant's honesty, trustworthiness, and integrity. (b) Notwithstanding Section 1102.109, an applicant is eligible for and has satisfied all requirements for a professional inspector license if the applicant: (1) held a professional inspector license during the 24-month period preceding the date the application is filed; and (2) satisfies the commission as to the applicant's honesty, trustworthiness, and integrity. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.111. SUBSTITUTE REQUIREMENTS. (a) The commission by rule shall provide for substitution of relevant experience or additional education in place of: (1) the number of real estate inspections required for licensing; and (2) the requirement that an applicant be: (A) licensed as an apprentice inspector before being licensed as a real estate inspector; or (B) licensed as a real estate inspector before being licensed as a professional inspector. (b) Rules adopted under Subsection (a) may not require an applicant to complete more than 320 additional classroom hours of core real estate inspection courses. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 15, § 11, eff. Sept. 1, 2003. § 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 this state. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 the professional inspector has completed at least 200 real estate inspections as a professional inspector. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.114. ISSUANCE OF LICENSE. The commission shall issue the appropriate license to an applicant who: (1) meets the required qualifications; and (2) pays the fee required by Section 1102.352(a). Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 chapter. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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) an inactive inspector may return to active status. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.118. CHANGE OF ADDRESS. Not later than the 30th day after the date an inspector changes the inspector's place of business, the inspector shall notify the commission and pay the required fee. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.SUBCHAPTER D. LICENSE EXAMINATION § 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 each license examination; and (2) prepare or contract for the examination. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 1102.153. DEADLINE FOR COMPLETION. A license applicant who does not satisfy the examination requirement within six months after the date the application is filed must submit a new application and pay another examination fee to be eligible for examination. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 examination. If an examination is graded or reviewed by a national testing service, the commission shall notify each examinee of the results of the examination not later than the 14th day after the date the commission receives the results from the testing service. (b) If the notice of the results of an examination graded or reviewed by a national testing service will not be given before the 91st day after the examination date, the commission shall notify each examinee of the reason for the delay before the 90th day. (c) If requested in writing by a person who fails an examination, the commission shall provide to the person an analysis of the person's performance on the examination. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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 applicant who fails the examination three consecutive times in connection with the same application may not apply for reexamination or submit a new license application before six months after the date of the third failed examination. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.SUBCHAPTER E. LICENSE RENEWAL § 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 this chapter may not exceed, calculated on an annual basis, the amount of the fee established under Section 1102.251. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 15, § 12, eff. Sept. 1, 2003. § 1102.202. NOTICE OF LICENSE EXPIRATION. Not later than the 31st day before the expiration date of a person's license, the commission shall send to the person at the person's last known address according to the commission's records written notice of the license expiration. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.203. RENEWAL OF LICENSE. (a) A person may renew an unexpired license by paying the required renewal fee to the commission before the expiration date of the license. (b) If the person's license expires, the person may not renew the license. The person may obtain a new license by submitting to reexamination, if required, and complying with the requirements and procedures for obtaining an original license. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.163(a), eff. Sept. 1, 2003. § 1102.205. CONTINUING EDUCATION REQUIREMENTS. (a) The commission shall recognize, prepare, or administer a continuing education program for inspectors. (b) As a prerequisite for renewal of a real estate inspector license, professional inspector license, or apprentice inspector license, the inspector must participate in the continuing education program and submit evidence satisfactory to the commission of successful completion of at least 16 classroom hours of core real estate inspection courses for each year of the license period preceding the renewal. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.164(a), eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 825, § 12, eff. Sept. 1, 2005. § 1102.2051. ADDITIONAL RENEWAL REQUIREMENTS FOR CERTAIN BUSINESS ENTITIES. (a) To renew a professional inspector license under this chapter: (1) a corporation must designate one of its officers or employees as its agent for purposes of this chapter; and (2) a limited liability company must designate one of its managers or employees as its agent for purposes of this chapter. (b) A corporation or limited liability company may not renew a professional inspector license unless the entity's designated agent is a licensed professional inspector according to the commission's records. Added by Acts 2005, 79th Leg., ch. 825, § 13, eff. Sept. 1, 2005.SUBCHAPTER F. LICENSE FEES § 1102.251. AMOUNT OF FEES. The commission shall charge and collect reasonable and necessary fees to cover the cost of administering this chapter as follows: (1) for filing an original application for an apprentice inspector license, not more than $75; (2) for filing an original application for a real estate inspector license, not more than $125; (3) for filing an original application for a professional inspector license, not more than $150; (4) for renewal of an apprentice inspector license, not more than $125; (5) for renewal of a real estate inspector license, not more than $175; (6) for renewal of a professional inspector license, not more than $200; (7) for a license examination, not more than $100; (8) for a request to change a place of business or to replace a lost or destroyed license, not more than $20; and (9) for filing a request for issuance of a license because of a change of name, return to active status, or change in sponsoring professional inspector, not more than $20. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.165(a), eff. Sept. 1, 2003. § 1102.252. PAYMENT. A person may pay a fee by cash, check, including a cashier's check, or money order. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 1102.253. REVIEW OF FEE AMOUNTS. The commission annually shall review the fees under Section 1102.251 and reduce the fees to the extent that the cost of administering this chapter is covered by money appropriated to the commission that is attributable to amounts transferred to the general revenue fund under Section 1102.353(d). Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.SUBCHAPTER G. PROHIBITED ACTS § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003.SUBCHAPTER H. REAL ESTATE INSPECTION RECOVERY FUND § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.166(a), eff. Sept. 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.166(b), eff. Sept. 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.166(c), eff. Sept. 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 15, § 13, eff. Sept. 1, 2003.SUBCHAPTER I. PENALTIES AND ENFORCEMENT PROVISIONS § 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, § 2, eff. June 1, 2003. § 1102.402. LICENSE REVOCATION FOR CLAIM ON FUND. (a) The commission may revoke the license of an inspector if the commission makes a payment from the fund to satisfy all or part of a judgment against the inspector. (b) The commission may probate an order revoking a license. (c) A person whose license is revoked under this section is not eligible for a new license until the person has repaid in full the amount paid from the fund on the person's account, plus interest at the legal rate. Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.160(g), eff. Sept. 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. § 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, § 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.167(a), eff. Sept. 1, 2003.
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