CHAPTER 408. POWERS AND DUTIES
PROPERTY CODE
TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT
SUBTITLE B. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
CHAPTER 408. POWERS AND DUTIES
Sec. 408.001. RULES. The commission shall adopt rules as
necessary for the implementation of this title, including rules:
(1) governing the state-sponsored inspection and dispute
resolution process, including building and performance standards,
administrative regulations, and the conduct of hearings under
Subtitle D;
(2) establishing limited statutory warranty and building and
performance standards for residential construction;
(3) approving third-party warranty companies; and
(4) approving third-party inspectors.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 408.002. FEES. (a) The commission shall adopt fees as
required by this title in amounts that are reasonable and
necessary to provide sufficient revenue to cover the costs of
administering this title.
(b) The commission may charge a late fee for late payment of any
fee due to the commission. The late fee may be any amount that
does not exceed the amount of the fee due.
(c) The commission may charge a reasonable fee for:
(1) a homeowner to submit a request for state-sponsored
inspection under Subtitle D;
(2) providing public information requested under Chapter 552,
Government Code, excluding information requested from the
commission under Section 409.001; or
(3) producing, mailing, and distributing special printed
materials and publications generated in bulk by the commission
for use and distribution by builders.
(d) The commission may waive or reduce the fee for an inspection
under Subtitle D for a homeowner who demonstrates an inability to
pay the fee.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 12, eff. September 1, 2007.
Sec. 408.003. ACCESSIBILITY. (a) The commission shall comply
with federal and state laws related to program and facility
accessibility.
(b) The executive director shall prepare and maintain a written
plan that describes how a person who does not speak English can
obtain reasonable access to the commission's programs and
services.
(c) The commission may procure and distribute to consumers
informational materials and promotional items that contain
commission contact details and outreach information.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 13, eff. September 1, 2007.
Sec. 408.004. ANNUAL REPORT. (a) The commission shall file
annually with the governor and the presiding officer of each
house of the legislature a complete and detailed written report
accounting for all funds received and disbursed by the commission
during the preceding fiscal year.
(b) The report must be in the form and reported in the time
provided by the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 408.005. COLLECTION OF AMOUNTS DUE. The commission may
seek reimbursement of any amounts due to the commission and
restitution for any dishonored payment instrument presented for
payment to the commission.
Added by Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 14, eff. September 1, 2007.