(a) For the purposes of this section, an "inactive" inspector is a licensed professional inspector, real estate inspector, or apprentice inspector who is not authorized by law to engage in the business of performing real estate inspections as defined by Chapter 1102.
(b) The Commission may place an inspector on inactive status for any of the following reasons:
  (1) the written request of the inspector to be placed on inactive status as provided for under subsection (c); or
  (2) the inspector's failure to satisfy continuing education requirements. In addition, the inspector's license is inactive when the following occurs:
    (A) termination of sponsorship by a professional inspector;
    (B) the death of the inspector's sponsoring professional inspector;
    (C) the expiration, suspension, or revocation of the license of the inspector's sponsoring professional inspector;
    (D) the failure of the license holder to provide to the Commission proof of financial responsibility as required by Chapter 1102 and on a form approved by the Commission for that purpose; or
    (E) the expiration or non-renewal of the inspector's financial responsibility as required by Chapter 1102.
(c) To be placed on inactive status by request, an inspector must do the following:
  (1) file a request for inactive status or submit a letter containing the inspector's name, license number and current mailing address; and
  (2) if the inspector is a licensed professional inspector, confirm in writing that the inspector has, at least 30 days prior to filing the request for inactive status, given any real estate inspectors or apprentice real estate inspectors sponsored by the inspector written notice that the inspector will no longer be their sponsor.
(d) A professional inspector on inactive status may apply to the Commission for return to active status by:
  (1) filing a request online or on a form approved by the Commission;
  (2) providing the Commission with documentation that the inspector has satisfied all continuing education requirements under Chapter 1102 and this chapter; and
  (3) submitting any required fee.
(e) An apprentice inspector or real estate inspector who has been placed on inactive status may return to status if:
  (1) the inspector has completed all applicable continuing education requirements; and
  (2) the inspector's sponsoring professional inspector has requested that the apprentice inspector or real estate inspector be returned to active status on a form approved by the Commission.
(f) If a professional inspector terminates the sponsorship of an apprentice inspector or real estate inspector, the license of the apprentice inspector or real estate inspector immediately becomes inactive.
(g) Inactive inspectors may not perform inspections. Performance of inspections while on inactive status is grounds for disciplinary action against the inactive license holder. A professional inspector who has been placed on inactive status may not return to practice or sponsor apprentices or inspectors until the professional inspector has met the requirements to be returned to active status under this section. It is a violation of this section and grounds for disciplinary action against a professional inspector for the professional inspector to permit an inactive apprentice inspector or an inactive real estate inspector to perform inspections in association with, or on behalf of, the professional inspector.

Source Note: The provisions of this §535.215 adopted to be effective September 15, 1994, 19 TexReg 6915; amended to be effective November 19, 2001, 26 TexReg 9382; 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 November 29, 2012, 37 TexReg 9366; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 16, 2020, 45 TexReg 4040