CHAPTER 427. INSPECTORS
PROPERTY CODE
TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT
SUBTITLE D. STATE-SPONSORED INSPECTION AND DISPUTE RESOLUTION
PROCESS; STATUTORY WARRANTY AND BUILDING AND PERFORMANCE
STANDARDS
CHAPTER 427. INSPECTORS
Sec. 427.001. QUALIFICATIONS OF THIRD-PARTY INSPECTORS. (a) A
third-party inspector approved by the commission must:
(1) meet the minimum qualifications prescribed by this section
and any other qualifications prescribed by the commission by
rule; and
(2) submit an application to the commission annually with an
application fee in the amount required by the commission by rule.
(b) A third-party inspector who inspects an issue involving
workmanship and materials must:
(1) have a minimum of three years' experience in the residential
construction industry; and
(2) be certified as a residential combination inspector by the
International Code Council.
(c) A third-party inspector who inspects an issue involving a
structural matter or involving workmanship, materials, and a
structural matter must:
(1) be an approved structural engineer or approved architect;
and
(2) have a minimum of five years' experience in residential
construction.
(c-1) A third-party inspector who inspects an issue involving a
structural matter and an unrelated issue involving workmanship
and materials matters must meet the requirements of Subsections
(b) and (c).
(d) Each third-party inspector must receive, in accordance with
commission rules:
(1) initial training regarding the state-sponsored inspection
and dispute resolution process and this subtitle; and
(2) annual continuing education in the inspector's area of
practice.
(e) A third-party inspector may not receive more than 10 percent
of the inspector's gross income in a federal income tax year from
providing expert witness services, including retention for the
purpose of providing testimony, evidence, or consultation in
connection with a pending or threatened legal action.
(f) In adopting rules under Subsection (d), the commission shall
recognize any continuing education requirements established for
engineers and architects.
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. 38, eff. September 1, 2007.
Sec. 427.002. STATE INSPECTORS. (a) The commission shall
employ state inspectors to:
(1) review on an appeals panel the recommendations of
third-party inspectors;
(2) provide consultation to third-party inspectors; and
(3) administer the state-sponsored inspection and dispute
resolution process.
(b) A state inspector must be certified as a residential
combination inspector by the International Code Council.
Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,
2003.
Sec. 427.003. NO CIVIL LIABILITY. (a) A person who performs
services for the commission as a third-party inspector or a state
inspector who does not act with wanton and wilful disregard for
the rights, safety, or property of another is not liable for
civil damages for any act or omission within the course and scope
of carrying out the person's duties or functions as a third-party
inspector or state inspector.
(b) This section does not apply to an intentional act of
misconduct or gross negligence.
Added by Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 39, eff. September 1, 2007.