CHAPTER 464. BUILDING MATERIALS AND SYSTEMS TESTING LABORATORY

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS

CHAPTER 464. BUILDING MATERIALS AND SYSTEMS TESTING LABORATORY

Sec. 464.001. DEFINITIONS. In this chapter:

(1) "Council" means the Technical Testing and Evaluation

Council.

(2) "Department" means the Texas Department of Housing and

Community Affairs.

(3) "Director" means the executive director of the department.

(4) "Laboratory" means the State of Texas Building Materials and

Systems Testing Laboratory.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 762, Sec. 8, eff. Sept. 1,

1991.

Sec. 464.002. LABORATORY AND COUNCIL. The State of Texas

Building Materials and Systems Testing Laboratory is an agency of

the state, and includes the Technical Testing and Evaluation

Council.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.003. COMPOSITION OF LABORATORY. (a) The department

may invite a college or university with facilities to perform

tests or make evaluations described by this chapter to

participate in laboratory testing and evaluation and to appoint a

representative to serve as a member of the council.

(b) A public college or university invited under this section

may participate in the functions of the laboratory.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.004. COMPOSITION AND CHAIRMAN OF COUNCIL. (a) The

council is composed of members who are the laboratory operations

directors of the colleges and universities participating in the

laboratory.

(b) The members of the council shall elect a chairman by a

majority vote at a meeting called for that purpose. The chairman

serves for a term of two years.

(c) A member of the council may not receive compensation for

services on the council, but is entitled to reimbursement, from

funds of the laboratory, for travel and subsistence expenses

incurred in performance of official duties and services for the

laboratory.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.005. COUNCIL MANAGEMENT AND PERFORMANCE OF LABORATORY

FUNCTIONS. (a) The council shall administer the business of the

laboratory subject to the policies, controls, and direction of

the department.

(b) The council is responsible for the conduct of all tests and

evaluations provided for by this chapter. The council shall

distribute test and evaluation responsibilities to member

colleges and universities according to their abilities to perform

the activities required.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.006. TESTING AND EVALUATION OF MATERIALS, PRODUCTS, AND

SYSTEMS. (a) The laboratory shall be responsible for the

testing and evaluation of building materials, products, and

systems to establish performance capability based on the

established and generally acceptable test standards adopted by

the council and approved by the department. The council shall

report the results of these tests and evaluations to the

department, which shall publish the test data and evaluations.

(b) On receipt of a report under this section, the department

shall issue an official performance certification statement. The

statement is a public record.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.007. EVALUATION OF TESTS. (a) The laboratory through

its council may evaluate tests of building materials, products,

and systems conducted by a public or private testing institution

that is:

(1) accredited or approved by the United States Department of

Housing and Urban Development or the National Bureau of

Standards; or

(2) included on a list of testing laboratories formulated by the

council and the department.

(b) On completion of an evaluation, the department shall review

it and issue a performance certification statement. The statement

must approve the test if it meets test standards established by

the council and department or disapprove the test if it does not

meet these standards.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.008. FEES. (a) The department, with the advice of the

council, shall establish a schedule of fees.

(b) The fees shall be paid to the laboratory and deposited for

the use of the laboratory in the administration, implementation,

and enforcement of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.