State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Property-code > Title-16-texas-residential-construction-commission-act > 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.

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.

general counsel to the commission if the person is required to

(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.

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;

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.

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.