CHAPTER 409. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

PROPERTY CODE

TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT

SUBTITLE B. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION

CHAPTER 409. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec. 409.001. PUBLIC INTEREST INFORMATION. (a) The commission

shall prepare information of public interest describing the

functions of the commission, the provisions of the limited

statutory warranty and building and performance standards, the

state-sponsored inspection and dispute resolution process, and

the procedures by which complaints or requests are filed with and

resolved by the commission.

(b) The commission shall make the information available to the

public and appropriate state agencies and shall post the

information on the commission's website.

(c) Within 30 days of the receipt by the commission of the

registration required by Section 426.003, the commission shall

mail a copy of the information of public interest described in

Subsection (a) to the owner of the home as described in the

registration.

Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,

2003.

Sec. 409.0011. BUILDER LIST. (a) In this section, "volume

builder" means a builder who registers at least 100 homes each

year as provided by Section 426.003.

(b) The commission shall create and make accessible to the

public an electronic list and a hard-copy list of builders who:

(1) are registered with the commission; and

(2) provide in this state building services, including

accessible floor plans, to persons with mobility-related special

needs.

(c) The electronic list required under Subsection (b) shall

provide, if available, the following information with respect to

each listed builder:

(1) a link to the builder's website; and

(2) contact information for the builder, including the

municipalities where the builder provides building services

described by Subsection (b)(2).

(d) The commission shall contact all volume builders in this

state and encourage those builders to develop floor plans that

are designed to be accessible for persons with mobility-related

special needs.

(e) The Veterans' Land Board shall make accessible to the public

on its Internet website and in hard-copy format the electronic

list required under Subsection (b).

Added by Acts 2007, 80th Leg., R.S., Ch.

843, Sec. 15, eff. September 1, 2007.

Sec. 409.002. PUBLIC PARTICIPATION. The commission shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the commission and to

speak on any issue under the jurisdiction of the commission.

Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,

2003.

Sec. 409.003. RECORDS OF COMPLAINTS. (a) The commission shall

maintain a file on each written complaint filed with the

commission.

(b) The commission shall provide to the person filing the

complaint and to each person who is a subject of the complaint a

copy of the commission's policies and procedures relating to

complaint investigation and resolution.

(c) The commission, at least quarterly until final disposition

of the complaint, shall notify the person filing the complaint

and each person who is a subject of the complaint of the status

of the investigation.

(d) The commission shall make available to the public

information about each complaint that resulted in disciplinary

action by the commission.

(e) The commission may not disclose the address of any

individual home registered with the commission when making

information available to the public under this title, except as

necessary to implement this title.

(f) Notwithstanding Subsections (d) and (e), the commission may

not disclose the address of an individual home registered with

the commission:

(1) on the commission's Internet website; or

(2) in connection with an open records request under Chapter

552, Government Code.

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. 16, eff. September 1, 2007.

Sec. 409.004. DIRECTORY OF BUILDERS. The commission shall make

available to the public a list of each builder who holds a

certificate of registration issued under Chapter 416.

Added by Acts 2007, 80th Leg., R.S., Ch.

843, Sec. 17, eff. September 1, 2007.