SECTION 535.206. The Texas Real Estate Inspector Committee

(a) The functions of the Committee are as prescribed by Chapter 1102.

(b) The Committee consists of nine members appointed by the Commission as follows:

(1) six members who have been engaged in the practice of real estate inspecting as professional inspectors for at least five years before the member's appointment and who are actively engaged in that practice; and

(2) three members who represent the public, who are not registered, certified, or licensed by an occupational or regulatory agency in the real estate industry.

(c) Appointments to the Committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

(d) Inspector members of the Committee serve staggered six-year terms, with the terms of two inspector members expiring on December 31 of each odd-numbered year. Inspector members may not serve more than two consecutive full terms. Public members of the Committee serve staggered two year terms, with the term of one public member expiring on December 31 of each even-numbered year and the terms of two public members expiring on December 31 of each odd-numbered year. Public members may not serve more than three consecutive full terms. Initial appointments may be made for terms shorter than six or two years, respectively, in order to establish staggered terms. A member whose term has expired holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the Commission shall appoint a person to fill the unexpired term.

(e) At a regular meeting in January of each year, the Committee shall elect from its members a presiding officer, assistant presiding officer, and secretary.

(f) The Commission may remove a Committee member if the member:

(1) does not have the qualifications required by subsection (b)(1) of this section;

(2) cannot discharge the member's duties for a substantial part of the member's term;

(3) is absent from more than half of the regularly scheduled Committee meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the Committee; or

(4) violates Chapter 1102.

(g) If the executive director of the Commission has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the Commission that the potential ground exists.

(h) 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.

(i) The Committee may meet at the call of a majority of its members. The Committee shall meet at the call of the Commission.

(j) A quorum of the Committee consists of five members.

(k) The Committee shall conduct its meetings in substantial compliance with Robert's Rules of Order.

(l) The secretary of the Committee, or in the secretary's absence, a member designated by the chair, shall prepare written minutes for each meeting and submit the minutes to the Committee for approval.

(m) At least twice a year, the Committee Chair shall report on the activities of the Committee to the Commission. The Committee may submit its written recommendations concerning the licensing and regulation of real estate inspectors to the Commission at any time the Committee deems appropriate. If the Commission submits a rule to the Committee for development, the chair of the Committee or the chair's designee shall report to the Commission after each meeting at which the proposed rule is discussed on the Committee's consideration of the rule.

(n) The Committee is automatically abolished on September 1, 2031 unless the Commission subsequently establishes a different date.

Source Note: The provisions of this §535.206 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective December 30, 2007, 32 TexReg 9995; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective June 2, 2013, 38 TexReg 3347; amended to be effective November 21, 2013, 38 TexReg 8235; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 2, 2019, 44 TexReg 4738; amended to be effective December 2, 2021, 46 TexReg 8060