(a) Examinations for licensure.
  (1) The examination for a real estate inspector license and for a professional inspector license consists of a national part and a state part.
  (2) The Commission adopts the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors for the national portion of the examination. For the state portion of the examination, questions shall be used which measure competency in the subject areas required for a license by Chapter 1102, and which demonstrate an awareness of its provisions relating to inspectors.
  (3) Each real estate inspector applicant must achieve a score of at least 70% on the state portion of the examination. Each professional inspector applicant must achieve a score of at least 75% on the state portion of the examination. Examination results are valid for a period of one year from the date the examination is passed.
(b) Administration of examination. Except as otherwise required by Chapter 1102 or this section, examinations shall be conducted as provided by §535.57 of this chapter (relating to Examinations). An applicant is eligible to take a qualifying examination for a license after the Commission has received evidence of completion of all education and experience required by this subchapter.
  (1) Before the applicant is eligible to take the national portion of the examination, the applicant must submit evidence of completion of the following courses to the Commission:
    (A) Property and Building Inspection Module I;
    (B) Property and Building Inspection Module II;
    (C) Business Operations and Professional Responsibilities Module; and
    (D) Analysis of Findings and Reporting Module, if required for licensure under §535.214 of this subchapter (relating to Education and Experience Requirements for Licensure).
  (2) Before the applicant is eligible to take the state portion of the examination, the applicant must submit evidence of completion of the following coursework to the Commission, if required for licensure under §535.214 of this subchapter:
    (A) Texas Law Module;
    (B) Texas Standards of Practice Module; and
    (C) Texas Practicum.
  (3) If the applicant has previously passed the national portion of the examination, before the applicant is eligible to take the state portion of the examination, the applicant:
    (A) must submit evidence of completion of the required coursework as provided under subsection (c)(2) of this section; and
    (B) is not required to complete coursework outlined under subsection (c)(1) of this section.
  (4) If the applicant fails the examination three consecutive times, the applicant may not apply for reexamination or submit a new license application unless the applicant submits evidence to the Commission that the applicant has successfully completed additional qualifying education after the date of the third failed examination, as follows:
    (A) for an applicant who failed the national part of the examination, Property and Building Inspection Module I or Property and Building Inspection Module II; or
    (B) for an applicant who failed the state part of the examination, Texas Law Module, or Texas Standards of Practice Module.
  (5) If the applicant chooses to take the national portion and state portion of the exam separately, the national portion must be taken before the state portion of the exam.

Source Note: The provisions of this §535.209 adopted to be effective January 1, 2011, 35 TexReg 11693; amended to be effective September 9, 2012, 37 TexReg 7179; amended to be effective November 21, 2013, 38 TexReg 8235; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8249; amended to be effective August 31, 2020, 45 TexReg 6117; amended to be effective June 11, 2023, 48 TexReg 2948