TREC Inspector Committee
The meeting agenda and any meeting materials can be found under 'Meeting Materials' on the right side of this page. These minutes set out the agenda item, the subject matter discussed, and any action taken on each item. To hear the full discussion on any agenda item, click on the link, and you will be taken directly to that section of the meeting video on the right side of the screen.
Note: While the written portion of the minutes below are published in agenda order, the items may have been presented in a different order.
Agenda 1. Call to order & roll call
The Chair called the meeting to order at 10:02AM.
Committee members attending in person:
Dianna Rose, Lee Warren, Shawn Emerick, Steven Rinehart, and Brad Phillips.
Doyle Williamson arrived at 10:04 am.
Committee members attending via teleconfernece: Barbara Evans
Commissioners attending Via teleconference: Adrian Arriaga
TREC Staff attending:
Tony Slagle (Deputy Executive Director), Kerri Lewis(Deputy General Counsel), Jennerfer Wheller (Education Mananger, ELS), Mark Moore (Director, TREC SES) Michael Molloy (Staff Attorney, TREC SES), Denise Sample (Licensing Manager, ELS), amd Mike Sample Dieh (ELS)
Agenda 2. Discussion and possible action to excuse Committee members absence(s), if any.
COMMITTEE ACTION:
A motion was made by Brad Phillips, seconded by Lee Warren, to excuse the asbense of and Matt Hart.
The motion passed unanimously.
Agenda 3. Ratification of the minutes of the July 16, 2018 meeting.
COMMITTEE ACTION:
A motion was made by Mr. Warren, seconded by Shawn Emerick, to ratify the minutes as approved.
The motion passed unanimously.
Agenda 4. General comments from visitors on non-agenda items.
No comments were made.
Agenda 5. Reports from Subcommittees:
a. Doyle Williamson presneted the Standards and Practice Subcommittee.
b. No report was given from the Enforcement Subcommittee.
c. No report was given from Education Subcommittee report.
a. Tony Slagle presented the Administration & Management Services (AMS)
b. Michael Molloy presented the Standards & Enforcement Services (SES)
c. Denise Sample presented the Education & Licensing Services (ELS)
Agenda Item 7. Discussion and possible action regarding recommendations for
a. Financial responsibility requirements under §1102.1141 Texas Occupations Code
b. Repeal the Real Estate Recovery Fund under Subchapter H, Chapter 1102 Texas Occupations Code
Comments were provided by:
Patrick Adams, representing himself.
Steve Demny, representing himself.
Mike Cothran, represting TPREIA and InterNACHI
Greg House, represting himself
Greg House, represting himself
COMMITTEE ACTION:
A motion was made by Mr. Warren, seconded by Mr. Phillips to recomend to the Commission to retain the financial responsibility requirements in Tex. Occ. Code §1102.1141 as follows:
- Retain the per occurrence and aggregate policy limits of $100,000
- Add language clarifying that the insurance policy required by the statute must provide both general liability (GL) and errors and omissions (E&O) insurance
- Add language clarifying that “defense within limits” insurance policies are acceptable to satisfy the insurance requirement; and
- Repeal the recovering fund
Futhermore, it is moved that working group will work on the contractual limits of liability in the inspectors contract between the inspector and their clients. T
The motion passed with 6 members voting aye, and one abstention.
The Chair appointed herself and Lee Warren to work with staff on the limits of liability issue.
The Chair called for a 15 minute Break at 12:00 pm
The Chair called the meeting back to order at 12:17 am.
a. §535.212, Education and Experience Requirements for a License
b. §535.213, Qualifying Real Estate Inspector Instructors and Courses
c. §535.218, Continuing Education Required for Renewal
d. §535.223, Standard Inspection Report Form
Comments were provided by:
Stan Harbuck, representing A Better School for Building Inspection
Jim Shhumacher, respresenting American Home InspectionTraining
COMMITTEE ACTION:
A motion was made by Mr. Phillips, seconded by Mr. Warren to recomend the Commission adopt these rules as propossed.
The motion passed unanimously.
COMMITTEE ACTION:
The Committee directed staff to bring this issue to Broker Responsibility Working Group to come up with a solution.
a. §535.208, Application for a License
b. §535.119, Schedule of Administrative Penalties
c. §535.220, Professional Conduct and Ethics
COMMITTEE ACTION:
A motion was made by Steve Rinehart, seconded by Mr. Warren to recomend the Commision propose these rule for publication and comment.
The motion passed unanimously.
COMMITTEE ACTION:
A motion was made by Mr. Warren, and seconded ny Mr. Phillips to create a writing group from within the Education Subcommitee to work on these items with a goal of having the courses completed by May 2019.
The motion passed unanimously.
Comments were provided by:
Fred Buck, representing himself
COMMITTEE ACTION:
A motion was made by Mr. Phillips, and seconded Mr. Emerick, to to reduce the duplication of multiple courses as recommend by the Sunset Staff Draft report.
The motion passed unanimously.
Agenda Item 13. Discussion of future agenda items.
COMMITTEE ACTION:
Several of the items addressed during this meeting will be discussed or udated at the next meeting:
- inspector contractual limts of libility
- broker required payment for inclusion on preferred service provider lists and possible conflict with 22 TAC 535.220, Professional Conduct and Ethics
- updating the mandatory 4-hour Inspector Legal and Ethics course and development of content for mandatory 4-hour Standards of Practice Review course
Agenda Item 14. Discussion of Future Meeting Dates
COMMITTEE ACTION: The Committee scehduled its next meeting for Monday, December 3 at 11 am and scheduled a meeting for Monday, February 4, at 10 am.
The chair adjounred the meeting at 1:43 pm.