New home inspector requirements for Texas.

http://www.trec.state.tx.us/inspector/inspector_license_path_threetier.asp

Actually these are not new requirements. I don’t know how long we’ve had the three tiers, but longer than 1.5 yrs.

The only potentially new requirement will be the requirement to obtain professional liability insurance. However, TREC is waiting for an opinion from the TX AG to determine if the req’t. is for professional liability or general liability.

The amendment was so poorly worded and not thought-out at all.

Actually that is not all they did. See section 535.212 of this document:

http://www.trec.state.tx.us/pdf/rules/535.206_.208_.210-.212_.215-.216_.224.pdf

This excerpt from that document pertains to obtaining a professional inspector license:

*The applicant must also provide documentation satisfactory to the commission to establish that the person has been licensed or registered at least five years as an architect, professional engineer, or engineer-
in-training, or has at least seven years of personal experience inspecting, installing, servicing, repairing or maintaining each of the structural, mechanical and electrical systems found in improvements to real property. Documentation of experience must include two reference letters from persons other than the applicant who have personal knowledge of the
applicant’s occupation and work.

*Formerly the experience requirement was an OR and now it is an ALSO. That will likely drastically cut down on the number of new inspectors who go the “fast track” route since without the documented experience they will not be eligible for it. A similar change was made for the lower Real Estate Inspector license path.

That is the greatest thing since sliced bread I wished Okla. would follow suite then perhaps it would jump into Mo as well. Someone is finally trying to thin the wanna Be’s out.

Pretty underhanded to decide and implement in 3 weeks. The committee just met early Aug. Amazing how gov. can work so fast.

Feel bad for all the guys going through inspector school right now that don’t have all the industry experience. they are really getting screwed.

I guess it is time for my first post.
I will say this has struck a nerve with me, not so much the insurance requirement but the fact that the AG asked and the AG got it and it seems without too much thought. This is the way politics in Texas has gone lately. The toll road issue comes to mind. If it had not been for a group of people watching out for the citizens of Texas every major highway in Texas would have been tolled and managed by several foreign companies. The facts were hidden for some time and was very close to getting finalized before it got stopped. They are still trying to push some of it through such as tolling parts of I35. I recently heard a US senator told Perry not to attempt that but who knows.
Even though it may not do much good, it would be suprising to the committee to see every licensed inspector show up in Austin on the 8th of October. It may make them apply a little more brain power into their legislation which affects thousands of us.

:mad: Anyway, so much for my rants.
I am proud to be a member of this fine organization. I had pondered the other one but when I really starting looking at it, all they wanted was my money. Thanks Nick for an outstanding organization!!!
:smiley:
Ray Brothers
Professional Inspector TREC 9794
HomeWorks Inspection Services

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Thanks to Ray and all those who have been posting on Texas ,
We in Canada are looking close at what is going on in your area.
We have some very serious concerns here as well and are glad to see much information posted on your area.

… Cookie
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It’s the money these days that gets legislation passed and not the voters like you and I. Follow the money.
Austin is real big on getting corporations to move into their city by giving them huge tax brakes. Meanwhile the tax burden gets shifted more and more onto the small business owner.
The mayor is pushing hard for “green” legislation requiring all homes in the Austin area to be fully up to “green” building standards prior to being bought or sold. What a farce! It’s saying more or less no matter what code standard your home was built for, it is no longer up to code. I wonder who he has in his back pocket.
Another piece of mandated legslation was the requirement for all young girls in the state to get the HPV vaccine. That would have been huge for the
pharmaceuticalcompany that was taking that on. It was not such a bad idea but without warning it was going to be mandated without any consent. Luckily our legislature overrode the Governor’s decision and killed it.
I wonder what insurance corporation has been making large donations to our AG?

Not sure what you mean by the “AG asked and the AG got it”, but the AG’s opinion on the professional liability vs. general liability issue has not been released. It is opinion RQ-0591-GA. You can keep a watch on it or they’ll email you if you sign up.

http://www.oag.state.tx.us/opinopen/opin_recent.php

Bruce

I’m certainly all for competition and the American free market. I hope that someone in power hasn’t used that power to limit competition (not that that doesn’t happen often enough)

However…

I got a call a few months back from a young man who wanted to ask me about the home inspection business. I thought it was pretty bold to call your future competition, but I told him everything he wanted to know.

At the end of the conversation, I asked him what sort of experience he had. He said, “well I’m pretty handy around the house.” I nearly passed out!

I hope this legislation halts people becoming home inspectors based on their “handy-ness” around the house and encourages those with good experience.

All for now,
Bruce

I know what you mean. I just got licensed in July. During my test prep with Kaplan a few months ago there were several people in the class that had already taken the test twice and failed. The questions they were asking made you wonder if they had any experience or even opened a book.
There is a difference between just looking at something and knowing what you’re looking at.
I am all for insurance mandate. It may put some out of business or make people work harder to get that next inspection. Maybe the premiums will get a little cheaper, :mrgreen: but that’s what everybody thought with health insurance.

Sure, I remember a couple of guys from classes that were adamant about doing a checklist , handwritten report because they did not want to “waste” their evenings typing up reports. :shock: :shock:

…and I bet those guy’s current sales pitch is “Do you want fries with that?”

A more complete info page for the Professional level inspector

http://www.trec.state.tx.us/inspector/professional_inspector_app.asp

John,

That page has not been updated with the “emergency” changes made at the August TREC meeting. See the yellow box on this page:
http://www.trec.state.tx.us/inspector/default.asp

It is also important for those folks anxiously awaiting a response from the AG on the definition of “Liability Insurance” to know that the question posed to the AG was amended on 8/21 to include a 3rd question regarding the enforceability of the new law. The AG had up to 180 days to respond to the original request which would have been Dec 20th. With the revision then the clock can start over so we may not hear a response until Feb 21, 2008 now. Hopefully sooner than that but it could be that long. Regardless, I’m not holding my breath as the response from the AG can only be that the law requires E&O in my opinion.

It is truly stunning to be in a non-licensed state and watch how home inspectors in Texas are required by the state Real Estate salesmen’s commission to simply sit back and wait to see what changes are coming down the pipe to affect their livelihoods and ways of doing business, year after year.

It is a very good lesson for us all.

How much longer until you guys stand up to oppose these assualts against the consumer that you serve?

JB, at least there are laws here that many of us follow that attempt to protect the consumer from such practices as ‘consulting’ on a property and then selectively providing information to the client as to what problems were found. This done in hopes that the client will sign up for a ‘real’ home inspection at a higher cost. I believe that is a ‘bait & switch’ tactic that is a huge disservice to the client and illegal here in Texas and that is exactly why state licensing laws are enacted. Licensing does solve some things!

Apparently not, for licensing has yet to solve your total inability to understand the difference between a home inspection and something that is not a home inspection.:wink:

But this thread is about new Texas laws affecting home inspectors. Let us grieve that by itself.

I agree…let’s not contribute to thread drift as we both agree that we will not change each others position on the other topic. I completely understand the difference, I just understand it differently than you. HI Licensing does solve many problems.