CHAPTER 406. COMMISSION
PROPERTY CODE
TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT
SUBTITLE B. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
CHAPTER 406. COMMISSION
Sec. 406.001. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION;
MEMBERSHIP. (a) The Texas Residential Construction Commission
consists of nine members appointed by the governor with the
advice and consent of the senate as follows:
(1) four members must be builders who each hold a certificate of
registration under Chapter 416;
(2) three members must be representatives of the general public;
(3) one member must be a licensed professional engineer who
practices in the area of residential construction; and
(4) one member must be either a licensed architect who practices
in the area of residential construction or a building inspector
who meets the requirements set forth in Chapter 427 and practices
in the area of residential construction.
(a-1) In making appointments under Subsection (a)(2), the
governor shall consider individuals who can represent the
interests of homeowners, including individuals who have
experience representing consumer or homeowner interests.
(b) Appointments to the commission shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
(c) A person may not be a public member of the commission if the
person or the person's spouse:
(1) is a builder registered with the commission, or is otherwise
registered, certified, or licensed by a regulatory agency in the
field of residential construction;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the commission;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the commission; or
(4) uses or receives a substantial amount of tangible goods,
services, or money from the commission other than compensation or
reimbursement authorized by law for commission membership,
attendance, or expenses.
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. 10, eff. September 1, 2007.
Sec. 406.002. TERMS. (a) Commission members serve staggered
six-year terms, with three members' terms expiring February 1 of
each odd-numbered year. The terms of three of the builder
representatives must expire in different odd-numbered years. The
term of one of the representatives of the general public must
expire in each odd-numbered year.
(b) A member of the commission may not serve more than two
complete terms.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 406.003. PRESIDING OFFICER. The governor shall designate a
member of the commission as the presiding officer of the
commission to serve in that capacity at the pleasure of the
governor. At a regular meeting in February of each year, the
commission shall elect from its membership a vice presiding
officer and a secretary.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 406.004. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and
their industry or profession as a whole in dealing with mutual
business or professional problems, issues, and circumstances and
in promoting the common interest of its members and their
industry and profession as a whole.
(b) A person may not be a member of the commission and may not
be a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is an officer, employee, manager, or paid
consultant of a Texas trade association or consumer association
in the field of residential construction; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association or consumer association
in the field of residential construction.
(c) A person may not be a member of the commission or act as the
general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305, Government Code.
(d) A person may not be a commission employee described by
Subsection (b) if the person is an employee or agent in the field
of residential construction. This subsection does not apply to a
person appointed to the commission.
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. 11, eff. September 1, 2007.
Sec. 406.005. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission that a member:
(1) does not have at the time of taking office the
qualifications required by Section 406.001;
(2) does not maintain during service on the commission the
qualifications required by Section 406.001;
(3) is ineligible for membership under Section 406.004;
(4) cannot because of illness or disability discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
commission meetings that the member is eligible to attend during
a calendar year without an excuse approved by a majority vote of
the commission.
(b) The validity of an action of the commission is not affected
by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the potential ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential
ground for removal involves the presiding officer, the executive
director shall notify the next highest ranking officer of the
commission, who shall notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 406.006. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the commission may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the commission until the person completes a training program
that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs operated by the commission;
(3) the role and functions of the commission;
(4) the rules of the commission, with an emphasis on the rules
that relate to disciplinary and investigatory authority;
(5) the current budget for the commission;
(6) the results of the most recent formal audit of the
commission;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including
conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the commission or
the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 406.007. MEETINGS. The commission shall meet at least
quarterly and at other times at the call of the presiding
officer.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.