2005 Texas Property Code CHAPTER 406. COMMISSION

PROPERTY CODE

SUBTITLE B. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION

CHAPTER 406. COMMISSION


	§ 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.
	(b)  Appointments to the commission shall be made without 
regard to the race, color, disability, sex, religion, age, or 
national origin of the appointees.

Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. Sept. 1, 
2003.      


	§ 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, § 1.01, eff. Sept. 1, 
2003.      


	§ 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, § 1.01, eff. Sept. 1, 
2003.      


	§ 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 employee or paid consultant of a 
Texas trade association in the field of residential construction;  
or
		(2)  the person's spouse is a manager or paid consultant 
of a Texas trade 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, because 
of the person's activities for compensation on behalf of a 
profession related to the operation of the commission.
	(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, § 1.01, eff. Sept. 1, 
2003.      


	§ 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, § 1.01, eff. Sept. 1, 
2003.      


	§ 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, § 1.01, eff. Sept. 1, 
2003.      


	§ 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, § 1.01, eff. Sept. 1, 
2003.