2005 Texas Property Code CHAPTER 416. CERTIFICATE OF REGISTRATION

PROPERTY CODE

SUBTITLE C. BUILDER REGISTRATION

CHAPTER 416. CERTIFICATE OF REGISTRATION


	§ 416.001. REGISTRATION REQUIRED.  A person may not act 
as a builder unless the person holds a certificate of registration 
under this chapter.

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


	§ 416.002. APPLICATION FOR CERTIFICATE.  (a) An applicant 
for an original or renewal certificate of registration must submit 
an application on a form prescribed by the commission.
	(b)  Each applicant must disclose in the application whether 
the applicant has:
		(1)  entered a plea of guilty or nolo contendere to a 
felony charge or a misdemeanor involving moral turpitude;  or
		(2)  been convicted of a felony or a misdemeanor 
involving moral turpitude and the time for appeal has elapsed or the 
conviction has been affirmed on appeal.
	(c)  Disclosure under Subsection (b) is required regardless 
of whether an order granting the person community supervision 
suspended the imposition of the sentence.
	(d)  The commission may, on receipt of an application, 
conduct a criminal background check of the applicant or any person 
responsible for the application.  The commission may obtain 
criminal history record information maintained by the Department of 
Public Safety, the Federal Bureau of Investigation, or any other 
local, state, or national governmental entity.  Unless the 
information is a public record at the time the commission obtains 
the information under this subsection, the information is 
confidential, and the commission may not release or disclose the 
information to any person except under a court order or with the 
permission of the applicant.

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


	§ 416.004. FEES.  (a) The commission shall charge and 
collect:            
		(1)  a filing fee for an application for an original 
certificate of registration that does not exceed $500;  and
		(2)  a fee for renewal of a certificate of registration 
that does not exceed $300.
	(b)  The commission shall establish a fee schedule that takes 
into consideration the unit volume or dollar volume of potential 
applicants.

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


	§ 416.005. GENERAL ELIGIBILITY REQUIREMENTS.  A person 
may not receive a certificate of registration under this chapter 
unless:
		(1)  the person, at the time of the application:                              
			(A)  is at least 18 years of age;  and                                       
			(B)  is a citizen of the United States or a 
lawfully admitted alien;  and  
		(2)  the commission is satisfied with the person's 
honesty, trustworthiness, and integrity based on information 
supplied or discovered in connection with the person's application.

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


	§ 416.006. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR 
BUSINESS ENTITIES.  (a) To be eligible for an original or renewal 
certificate of registration under this chapter:
		(1)  a corporation must designate one of its officers 
as its agent for the purposes of this chapter;
		(2)  a limited liability company must designate one of 
its managers as its agent for the purposes of this chapter;  and
		(3)  a partnership, limited partnership, or limited 
liability partnership must designate one of its managing partners 
as its agent for the purposes of this chapter.
	(b)  A corporation, limited liability company, partnership, 
limited partnership, or limited liability partnership is not 
eligible to be registered under this chapter and may not act as a 
builder unless the entity's designated agent is individually 
registered as a builder.

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


	§ 416.007. ISSUANCE OF CERTIFICATE.  (a) Not later than 
the 15th day after the date the commission receives an application 
from an applicant who meets the requirements of this chapter, the 
commission shall issue a certificate of registration to the 
applicant.
	(b)  The certificate of registration remains in effect for 
the period prescribed by the commission if the certificate holder 
complies with this chapter and pays the appropriate renewal fees.
	(c)  The commission shall issue one certificate of 
registration for each business entity registered under this 
chapter.

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


	§ 416.008. DENIAL OF REGISTRATION.  (a) If the commission 
denies an application for an original certificate of registration 
or a renewal application, the commission shall give written notice 
to the applicant not later than the 15th day after the date the 
commission receives the application.
	(b)  The applicant may appeal the denial of the application 
if, on or before the 30th day after the date the applicant receives 
notice under this section, the applicant files a written request 
for a hearing before the commission.
	(c)  The commission shall:                                                     
		(1)  set a time and place for the hearing not later than 
the 30th day after the date the commission receives the notice of 
the appeal;  and
		(2)  give notice of the hearing to the applicant before 
the 15th day before the date of the hearing.
	(d)  The hearing may be continued from time to time with the 
consent of the applicant.
	(e)  The hearing shall be before a hearings officer appointed 
by the commission.  After the hearing, the hearings officer shall 
enter an appropriate order.  The order of the hearings officer under 
this subsection is a final decision.
	(f)  The commission shall adopt procedural rules under which 
a decision by a hearings officer under this section is subject to 
appeal to the commission.
	(g)  A hearing under this section is governed by Chapter 
2001, Government Code.

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


	§ 416.009. EXPIRATION OF CERTIFICATE.  (a) The commission 
may issue or renew a certificate of registration for a period that 
does not exceed 24 months.
	(b)  The commission by rule may adopt a system under which 
certificates of registration expire on several dates during the 
year.  The commission shall adjust the date for payment of renewal 
fees accordingly.
	(c)  In a year in which the expiration date for a certificate 
of registration is changed, the renewal fee payable shall be 
prorated on a monthly basis so that the certificate holder pays only 
that portion of the fee that is allocable to the number of months 
during which the certificate of registration is valid.  On renewal 
of the certificate of registration on the new expiration date, the 
total renewal fee is payable.

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


	§ 416.010. OFFICE LOCATION;  CHANGE OF ADDRESS;  ASSUMED 
NAMES.  (a)  A builder shall maintain a fixed office location in 
this state.  The address of the builder's principal place of 
business must be designated on the certificate of registration.
	(b)  Not later than the 30th day after the date a builder 
moves from the address designated on the certificate of 
registration, the builder shall submit an application, accompanied 
by the appropriate fee, for a certificate of registration that 
designates the new location of the builder's principal place of 
business.  The commission shall issue a certificate of registration 
that designates the new location if the new location complies with 
the requirements of this section.
	(c)  If a builder operates under any name other than the name 
that is set forth on the builder's certificate of registration, the 
builder shall, within 45 days of operating under this other name, 
disclose this other name to the commission.
	(d)  This section does not require a builder to obtain a 
certificate of registration for each sales office.

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


	§ 416.011. TEXAS STAR BUILDER DESIGNATION.  (a) The 
commission shall establish rules and procedures for a program 
through which a builder can be designated as a "Texas Star Builder."  
A builder's participation in the program is voluntary and is not a 
requirement for the issuance of a certificate of registration 
required under this chapter.
	(b)  A builder who participates in this program will be 
allowed to represent to the public that the builder is a "Texas Star 
Builder" and meets all of the requirements and qualifications that 
are set forth by the commission for the program.
	(c)  If the commission determines that a builder must meet 
certain education requirements to participate in the "Texas Star 
Builder" program, a builder may satisfy those requirements by 
completing education programs offered by a trade association or 
other organization whose education programs have been approved by 
the commission.
	(d)  The certification issued by the commission as a "Texas 
Star Builder" shall be for the same period of time as the builder's 
registration under this chapter.

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