2005 Texas Property Code CHAPTER 427. INSPECTORS

PROPERTY CODE

CHAPTER 427. INSPECTORS


	§ 427.001. QUALIFICATIONS OF THIRD-PARTY 
INSPECTORS.  (a) A third- party inspector approved by the 
commission must:
		(1)  meet the minimum qualifications prescribed by this 
section and any other qualifications prescribed by the commission 
by rule;  and
		(2)  submit an application to the commission annually 
with an application fee in the amount required by the commission by 
rule.
	(b)  A third-party inspector who inspects an issue involving 
workmanship and materials must:
		(1)  have a minimum of five years' experience in the 
residential construction industry;  and
		(2)  be certified as a residential combination 
inspector by the International Code Council.
	(c)  A third-party inspector who inspects an issue involving 
a structural matter must:
		(1)  be an approved structural engineer or approved 
architect;  and         
		(2)  have a minimum of 10 years' experience in 
residential construction.    
	(d)  Each third-party inspector who inspects an issue 
involving a structural matter must receive, in accordance with 
commission rules:
		(1)  initial training regarding the state-sponsored 
inspection and dispute resolution process and this subtitle;  and
		(2)  annual continuing education in the inspector's 
area of practice.       
	(e)  A third-party inspector may not receive more than 10 
percent of the inspector's gross income in a federal income tax year 
from providing expert witness services, including retention for the 
purpose of providing testimony, evidence, or consultation in 
connection with a pending or threatened legal action.
	(f)  In adopting rules under Subsection (d), the commission 
shall recognize any continuing education requirements established 
for engineers and architects.

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


	§ 427.002. STATE INSPECTORS.  (a) The commission shall 
employ state inspectors to:
		(1)  review on an appeals panel the recommendations of 
third-party inspectors;
		(2)  provide consultation to third-party inspectors;  
and                   
		(3)  administer the state-sponsored inspection and 
dispute resolution process.
	(b)  A state inspector must be certified as a residential 
combination inspector by the International Code Council.

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