State Codes and Statutes

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

State Codes and Statutes

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


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State Codes and Statutes

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


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