programme and meeting document. Each sponsored sales agent is provided on a timely basis, before the effective date of the change, notice of any change to the Act, Rules, or Commission promulgated contract forms. Every two years, the Commission shall approve subject matter and course materials to be used for the following non-elective continuing education courses: a four-hour Legal Update I: Laws, Rules and Forms course; a four-hour Legal Update II: Agency, Ethics and Hot Topics course; a six-hour Broker Responsibility course; and. Foreign brokerA real estate broker licensed in another country, territory or state other than Texas. An approved provider shall obtain the approval of the Commission at least 30 days in advance of any material change in the operations of the provider by submitting the Qualifying Education Provider Supplement Application, including but not limited to changes in: the location of main office and any other locations where courses are offered. An independent contractor is not an employee. if the person holds money in trust in any transaction in which the person is acting as a broker, remit such money in accordance with the instructions of the principals. 8 additional hours in Texas Standard Report Form/Report Writing; 8 additional hours in non-elective coursework in legal, ethics, SOPs, and report writing as defined in 535.218 of this title (relating to Continuing Education Required for Renewal); and. the absence of visible backflow prevention. With the exception of proceedings in contested cases, meetings must be conducted in accordance with Robert's Rules of Order. Plumbing Systems, which shall include the following topics: Electrical Systems, which shall include the following topics: general requirements, equipment location and clearances; HVAC Systems, which shall include the following topics: Appliances, which shall include the following topics: range, cooktop, and ovens (electric and gas); Texas Standards of Practice, which shall include the following topics: review of general principles and specific Texas practice standards; inspection guidelines for structural systems; inspection guidelines for electrical systems; inspection guidelines for heating, ventilation, and air conditioning systems; inspection guidelines for plumbing systems; inspection guidelines for appliances; and. A person authorized to practice in this state under this subsection must comply will all other laws and regulations applicable to the license, including any sponsorship requirements. A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding is entitled to receive mileage of $.20 a mile for going to and returning from the place of the hearing or where the deposition is taken, if the place is more than 25 miles from the person's place of residence and a fee of $20 a day for each day or part of a day the person is necessarily present as a witness or deponent. military service member, veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the same license in this state. 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. Any party may request oral arguments before the Enforcement Committee prior to the final disposition of the motion for rehearing. A provider who seeks approval of a new delivery method for a currently approved qualifying course must submit a new application and pay all required fees, including a fee for content and examination review. The Executive Director shall adopt policies related to training for Commission employees, including eligibility and obligations assumed upon completion. requires the use of reasonable and appropriate tools to satisfy the requirements of the standards of practice. While Texas REALTORS has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, Texas REALTORS makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. Follow up with these professional consultants to discover potential market information, geographical information, and myriad other pieces of information that likely are unique to the local marketplace. Each real estate inspector applicant must achieve a score of at least 70% on the state portion of the examination. Take a deep breath, throw your shoulders back and hold your head high. Questions must be limited to the grounds asserted for the motion to be granted and to the arguments made by the parties. Examination results for the national part and state part of the examination are valid for a period of one year from the date each part of the examination is passed. A person who is the designated broker of a business entity that is licensed as a real estate broker in another state is deemed to be a licensed real estate broker in another state. In determining whether a criminal offense not listed in subsections (a) and (b) of this section is directly related to an occupation regulated by the Commission, the Commission shall consider: the relationship of the crime to the purposes for requiring a license to engage in the occupation; the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation; and. Experience forms. The mailing address for a respondent that holds an active sales agent license shall be the mailing address of the sales agent's sponsoring broker as shown in the Commission's records. Final examination questions must be kept confidential and be significantly different from any quiz questions and exercises used in the course. If a provider paid a fee for the initial course approval, the provider will receive a prorated credit on the fee paid under this subsection for a revised course for the unexpired time remaining on that initial approval. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and. Using the criteria specified by Section 1101.204 of the Act, the Commission prioritizes and investigates complaints received by the Commission as follows: Fraud or misrepresentation that involves loss of >$10K. Pleadings, other documents, and service to SOAH shall be filed in accordance with SOAH's rules. The Commission shall elect a vice-chair and secretary at a regular meeting in February of each year. Performance of inspections while on inactive status is grounds for disciplinary action against the inactive license holder. In order to qualify for real estate inspector continuing education credit, a ride-along inspection course shall consist of no more than two students per session. paying operating expenses or making withdrawals from a trust account for any purpose other than proper disbursement of trust money. Law of Contracts, which shall contain the following topics, the units of which are outlined in the LOC-0, Qualifying Real Estate Course Approval Form, Law of Contracts, hereby adopted by reference: Ownership Rights and Limitations - 120 minutes; Contracts Used in Real Estate - 275 minutes; Contingencies, Addenda and Amendments - 105 minutes; Transaction Process and Closing - 135 minutes; and. the absence of fall protection at windows that are located less than 24 inches from the finished floor and greater than 72 inches from the finished grade. If the Commission does not follow the recommended sanctions in a Proposal for Decision, the order shall explain why the Commission chose not to follow the recommendation. Geographical competency is just the result of the two rules that are present being conflated into something that's ill-advised and ill-implemented. When a transaction involves unusual matters that should be reviewed by a lawyer before an instrument is executed, or if the instrument must be acknowledged and filed of record, the license holder shall advise the principals that each should consult a lawyer of the principal's choice before executing the instrument. Box 12188, Austin, Texas 78711-2188, or www.trec.texas.gov. Georgia Probate. For Texas Standards of Practice, Standards of Practice Review, or Inspector Legal and Ethics, the provider must use an instructor who has five years of active licensure as a Texas professional inspector, and has: performed a minimum of 200 real estate inspections as a Texas professional inspector; or. The text and order of the text must be identical to that used by the Commission in printed copies of the particular form. If the mediator is a SOAH judge, that person will not sit as the administrative law judge for the case if the contested matter goes to a SOAH hearing. A person who is a military spouse who holds a current certificate or license issued by a country, territory, or state other than Texas that has licensing requirements that are substantially equivalent to the requirements for the certificate or license issued in Texas who wants to practice in Texas in accordance with 55.0041, Occupations Code, must: notify the Commission of the person's intent to practice in Texas on a form approved by the Commission; and, a copy of the military identification card issued to the person; and. The Commission may award substitute experience credit to an applicant who has not met the additional qualifying course requirements under this subsection if: has three years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property; and, provides to the Commission two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience; or. When information is requested from a complainant, the complainant must respond within a reasonable time, or the complaint may be closed and no further action will be taken. failing to comply with any term of an administrative order issued by this state, any other state, or the federal government, including failure to pay an administrative penalty. The Commission will calculate the prorated credit by dividing the fee paid for the initial approval by 48 months and multiplying that amount by the number of full months remaining between the approval date of the revised course and the expiration date of the currently approved version of the course. Sponsored Experience and Education Requirements for a Real Estate Inspector License. An applicant for a broker license must demonstrate not less than 360 points of qualifying practical experience obtained during the period required by subsection (b)(1) of this section, using TREC No. It is a material violation of the Texas Timeshare Act for a person to procure or attempt to procure a registration or amendment to a registration by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application filed with the Commission.