CHAPTER 417. CERTIFICATION OF RESIDENTIAL CONSTRUCTION ARBITRATORS
PROPERTY CODE
TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT
SUBTITLE C. BUILDER REGISTRATION
CHAPTER 417. CERTIFICATION OF RESIDENTIAL CONSTRUCTION
ARBITRATORS
Sec. 417.001. CERTIFICATION. (a) The commission by rule shall
establish eligibility requirements and procedures for a person to
be certified by the commission as a residential construction
arbitrator.
(b) The requirements established under this section must, at a
minimum, require a certified arbitrator to:
(1) have at least five years' experience in conducting
arbitrations between homeowners and builders involving
construction defects;
(2) be familiar with the statutory warranties and building and
performance standards established under Chapter 430 and with the
provisions of Chapter 27; and
(3) meet continuing education requirements established by the
commission.
(c) Nothing in the chapter prohibits an arbitrator who does not
hold a certificate under this chapter from conducting an
arbitration involving a residential construction defect.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 417.002. APPLICATION FOR CERTIFICATION. An applicant for
certification under this chapter or for renewal of that
certification must submit an application on a form prescribed by
the commission and include the fee required by Section 417.003.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 417.003. FEES. (a) The commission shall charge and
collect:
(1) a filing fee for an application for certification under this
chapter that does not exceed $100;
(2) a fee for renewal of a certification under this chapter that
does not exceed $50; and
(3) a late fee that does not exceed the amount of the fee due if
payment of a registration or application fee due under this title
is late.
(b) All fees paid to the commission under this section are
nonrefundable.
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. 24, eff. September 1, 2007.
Sec. 417.004. PUBLICATION AND COMMENT PERIOD; CERTIFICATION.
(a) The commission shall publish notice of each applicant's
original application for certification under this chapter in the
Texas Register and allow public comment on the application during
the 21 days after the date the notice is published. During that
period, any person may contest the application in writing
submitted to the commission.
(b) If the commission finds that certification of the applicant
is in the public interest, the commission shall certify the
applicant under this chapter.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 417.005. DENIAL OF CERTIFICATION. The commission shall
establish procedures under which a denial of a certification
under this chapter may be contested by the applicant.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 417.006. EXPIRATION OF CERTIFICATION. The commission may
issue or renew a certification under this chapter for a period
that does not exceed 24 months.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 417.007. LIST OF CERTIFIED ARBITRATORS. The commission
shall maintain an updated list of residential construction
arbitrators certified under this chapter and make the list
available to the public.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.