US Laws, Codes, Statutes & Cases

PROPERTY CODE

CHAPTER 417. CERTIFICATION OF RESIDENTIAL CONSTRUCTION ARBITRATORS


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


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


	§ 417.003. FEES.  The commission shall charge and 
collect:                
		(1)  a filing fee for an application for certification 
under this chapter that does not exceed $100;  and
		(2)  a fee for renewal of a certification under this 
chapter that does not exceed $50.

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


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


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


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


	§ 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, § 1.01, eff. Sept. 1, 
2003.