I won't speak for Nolan, but the answer is yes.
If the "energy audit" inspection is being performed for someone other than a buyer or seller (someone who already owns the property and is not having the inspection performed in anticipation of selling), then it would not be within TREC's jurisdiction,
Now, how we are to know what a property owner is "anticipating" is another story. I would guess this is where Jerry is headed...
Jim