I may be shot for posting this but, OH WELL!
P.O. Box 90745 • AUSTIN, TEXAS 78709-0745
512/370-1977• 800/241-1977• FAX: 512/370-2702
April 21, 2007
Re: Legislative Alert
Inspectors of Texas,
HB3250 and its companion Bill SB914, will eliminate the TREC Inspector Committee (IC) under SECTION 52
(Page 35 in Word version) that repeals the Texas Occupation Code 1102 (b-d).
I am on record with the 2006 Sunset Hearings recommending for the Inspectors in Texas be placed on a separate Board and opposing the elimination of the IC. We also had public comment from Mr. Ron Walker with the Texas Association of Realtors (TAR) opposing the recommendation for removal of the IC. (See Page 22 of the Sunset
Commission Decisions 8/06) One must look at the historical significance in order to understand the potential ramifications with the elimination of
the IC. The 1990 Sunset Review recommended the Inspectors be removed from The Texas Real Estate Commission (TREC) and placed over to TDLR. Why would Sunset make this recommendation? The Sunset recommendation was simply due to the obvious conflicts of interest for the Consumers of real property in Texas. TREC is the only state regulated program that represents both opposing views under one licensing and regulation entity. The only non-biased advocate that the Buyers of real property in Texas have thru a transaction is the Real Estate Inspector.
Does the Public Member appointed in the TREC Commission represent the Buyer? No. They represent the “industry” of Real Estate in Texas. Thus, the Inspector Committee is a statutorily created Advisory Committee thru TREC to deal with Enforcement and Inspection-related matters for the Commission. Without the IC, how is TREC Enforcement to deal with daily issues involving Inspection-related matters such as the Standards of Practice?
The Texas Real Estate Inspection Standards of Practice (SoP) is regarded as one of the most esteemed set of Inspection Standards in the country. Are TREC Commissioners and/or Legal Council going to render opinion(s) on Inspection-related issues without referring to the very individuals who are licensed and operate their businesses under the SoP for the Consumers?
The two other TREC Advisory Committees, Broker & Lawyers Committees do not represent the Consumers. They also represent “industry-related” matters for TREC. Why then, is the only Committee who represents the Consumers in Texas targeted as being eliminated? Both the Inspectors and Consumers in Texas will not be represented by TREC with the elimination of the Inspectors Committee.
Danny South J.D. Fuller Brian Murphy Paul Roebuck, Sr Greg Lewis Mark Eberwine
President President-Elect Vice President-Vice President-Vice President-Vice President-
Amarillo Palestine Secretary/Treasurer Education Membership & Gov’t and Regulatory Affairs
806/356-8703 903/727-0831 Arlington Conroe Member Services San Antonio
972/572-4500 281-370-6803 Granbury 210/654-8833
Allen Anderson Roy Thomas Buzz Boles Richard Craycroft Joe Gonzales, III Andrea Barnard
Director-Place 1 Director-Place 2 Director-Place 3 Director Place 4 Immediate Past President Executive Director
Dayton Spring Longview Austin Houston Austin
888/439-9080 281/788-5244 903/452-1212 512/331-5470 281/376-7602 512/370-1977
Another part of the Bill, SECTION 12 requires at least 55% passing Rate for an individual taking an exam for the first time. The problem with the passing rate is not the exam, but the individual taking the exam. TREC implemented the “Fast Track” program for Inspectors in 2001. At that time, we had approximately 1,450 practicing Inspectors in Texas. Six years later, we have over 4,400 Inspectors. That said, the individuals taking the Inspector exam did not have the educational background or construction-knowledge based experience needed to pass the exam the first time. Raising the “pass rate” is not the answer. Should these issues cause concern for your business and/or your Industry, I strongly urge you to contact Rep. Truitt’s office as soon as possible. The contact for Rep. Truitt is Mr. Dan Sutherland at 512.463.0690 or Dan.Sutherland@House.state.tx.us. Ladies and Gentlemen, time is of the essence. You must take action now.
Daniel F. South
TAREI President 2007-2008