Texas 2009 - 81st Regular

Texas House Bill HB311 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1405 UM-D
2	2	By: Leibowitz H.B. No. 311
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain fees authorized by the Texas Residential
8	8	Construction Commission Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 408.002, Property Code, is amended by
11	11	amending Subsections (c) and (d) to read as follows:
12	12	(c) The commission may charge a reasonable fee for:
13	13	(1) [a homeowner to submit a request for
14	14	state-sponsored inspection under Subtitle D;
15	15	[(2)] providing public information requested under
16	16	Chapter 552, Government Code, excluding information requested from
17	17	the commission under Section 409.001; or
18	18	(2) [(3)] producing, mailing, and distributing
19	19	special printed materials and publications generated in bulk by the
20	20	commission for use and distribution by builders.
21	21	(d) The commission may not charge [waive or reduce the fee
22	22	for an inspection under Subtitle D for] a homeowner a [who
23	23	demonstrates an inability to pay the] fee in connection with a
24	24	complaint, request, or other proceeding under Chapter 409 or
25	25	Subtitle D.
26	26	SECTION 2. Section 418.001, Property Code, is amended to
27	27	read as follows:
28	28	Sec. 418.001. GROUNDS FOR DISCIPLINARY ACTION. A person,
29	29	including a builder or a person who is designated as a builder's
30	30	agent under Section 416.006, or a person who owns or controls a
31	31	majority ownership interest in the builder is subject to
32	32	disciplinary action under this chapter for:
33	33	(1) fraud or deceit in obtaining a registration or
34	34	certification under this subtitle;
35	35	(2) misappropriation or misapplication of trust funds
36	36	in the practice of residential construction, including a violation
37	37	of Chapter 32, Penal Code, or Chapter 162, if found by a final
38	38	nonappealable court judgment;
39	39	(3) naming false consideration in a contract to sell a
40	40	new home or in a construction contract;
41	41	(4) discriminating on the basis of race, color,
42	42	religion, sex, national origin, or ancestry;
43	43	(5) publishing a false or misleading advertisement;
44	44	(6) failure to honor, within a reasonable time, a
45	45	check issued to the commission, or any other instrument of payment,
46	46	including a credit or debit card or electronic funds transfer,
47	47	after the commission has sent by certified mail a request for
48	48	payment to the person's last known business address, according to
49	49	commission records;
50	50	(7) failure to pay an administrative penalty assessed
51	51	by the commission under Chapter 419 or a fee due under Chapter 426;
52	52	(8) failure to pay a final nonappealable court
53	53	judgment arising from a construction defect or other transaction
54	54	between the person and a homeowner;
55	55	(9) failure to register a home as required by Section
56	56	426.003;
57	57	(10) failure to remit the fee for registration of a
58	58	home under Section 426.003;
59	59	(11) [failure to reimburse a homeowner the amount
60	60	ordered by the commission as provided by Section 428.004(d);
61	61	[(12)] engaging in statutory or common-law fraud or
62	62	misappropriation of funds, as determined by the commission after a
63	63	hearing under Section 418.003;
64	64	(12) [(13)] a repeated failure to participate in the
65	65	state-sponsored inspection and dispute resolution process if
66	66	required by this title;
67	67	(13) [(14)] failure to register as a builder as
68	68	required under Chapter 416;
69	69	(14) [(15)] using or attempting to use a certificate
70	70	of registration that has expired or that has been revoked;
71	71	(15) [(16)] falsely representing that the person
72	72	holds a certificate of registration issued under Chapter 416;
73	73	(16) [(17)] acting as a builder using a name other
74	74	than the name or names disclosed to the commission;
75	75	(17) [(18)] aiding, abetting, or conspiring with a
76	76	person who does not hold a certificate of registration to evade the
77	77	provisions of this title or rules adopted under this title, if found
78	78	by a final nonappealable court judgment;
79	79	(18) [(19)] allowing the person's certificate of
80	80	registration to be used by another person;
81	81	(19) [(20)] acting as an agent, partner, or associate
82	82	of a person who does not hold a certificate of registration with the
83	83	intent to evade the provisions of this title or rules adopted under
84	84	this title;
85	85	(20) [(21)] a failure to reasonably perform on an
86	86	accepted offer to repair or a repeated failure to make an offer to
87	87	repair based on:
88	88	(A) the recommendation of a third-party
89	89	inspector under Section 428.004; or
90	90	(B) the final holding of an appeal under Chapter
91	91	429;
92	92	(21) [(22)] a repeated failure to respond to a
93	93	commission request for information;
94	94	(22) [(23)] a failure to obtain a building permit
95	95	required by a political subdivision before constructing a new home
96	96	or an improvement to an existing home;
97	97	(23) [(24)] abandoning, without justification, any
98	98	home improvement contract or new home construction project engaged
99	99	in or undertaken by the person, if found to have done so by a final,
100	100	nonappealable court judgment;
101	101	(24) [(25)] a repeated failure to comply with the
102	102	requirements of Subtitle F; or
103	103	(25) [(26)] otherwise violating this title or a
104	104	commission rule adopted under this title.
105	105	SECTION 3. The heading to Section 426.004, Property Code,
106	106	is amended to read as follows:
107	107	Sec. 426.004. EXPENSES [FEES].
108	108	SECTION 4. Section 426.004(a), Property Code, is amended to
109	109	read as follows:
110	110	(a) A builder [party] who is involved in a dispute for which
111	111	a request is submitted [submits a request] under this subtitle
112	112	shall pay any amount required by the commission to cover the expense
113	113	of the third-party inspector.
114	114	SECTION 5. Section 428.001(b), Property Code, is amended to
115	115	read as follows:
116	116	(b) The request must:
117	117	(1) specify in reasonable detail each alleged
118	118	construction defect that is a subject of the request;
119	119	(2) state the amount of any known out-of-pocket
120	120	expenses and engineering or consulting fees incurred by the
121	121	homeowner in connection with each alleged construction defect;
122	122	(3) include any evidence that depicts the nature and
123	123	cause of each alleged construction defect and the nature and extent
124	124	of repairs necessary to remedy the construction defect, including,
125	125	if available, expert reports, photographs, and videotapes, if that
126	126	evidence would be discoverable under Rule 192, Texas Rules of Civil
127	127	Procedure;
128	128	(4) be accompanied by the fees required under Section
129	129	426.004, if applicable; and
130	130	(5) state the name of any person who has, on behalf of
131	131	the requestor, inspected the home in connection with an alleged
132	132	construction defect.
133	133	SECTION 6. (a) Sections 426.004(b) and (c), Property Code,
134	134	are repealed.
135	135	(b) Sections 428.004(d) and (e), Property Code, are
136	136	repealed.
137	137	SECTION 7. (a) This Act applies only to a request for
138	138	state-sponsored inspection and dispute resolution filed on or after
139	139	the effective date of this Act.
140	140	(b) A request for state-sponsored inspection and dispute
141	141	resolution that was filed before the effective date of this Act is
142	142	governed by the law as it existed immediately before the effective
143	143	date of this Act, and that law is continued in effect for that
144	144	purpose.
145	145	SECTION 8. This Act takes effect September 1, 2009.