Amend CSHB 730 (Senate committee printing) as follows:
(1) In SECTION 1.01 of the bill, in added Subtitle C, Title
16, Property Code, insert the following chapter (page 8, between
lines 59 and 60):
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.
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.
Sec. 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.
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.
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.
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.
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.
(2) In SECTION 1.01 of the bill, in added Section
417.001(1), Property Code (page 8, lines 63 and 64), strike
"certificate of registration" and substitute "registration or
certification under this subtitle".
(3) In SECTION 1.01 of the bill, in added Section 417.002,
Property Code, strike "certificate of registration" wherever it
appears and substitute "registration or certification" (page 9,
lines 21-23).
(4) In SECTION 1.01 of the bill, in added Section 417.002,
Property Code, strike "certificate holder" and substitute
"registered or certified person" (page 9, lines 24 and 25).
(5) In SECTION 1.01 of the bill, in added Chapter 418,
Property Code, strike "certificate holder" wherever it appears and
substitute "registered or certified person" (page 9, line 46, and
page 10, lines 1 and 2).
(6) In ARTICLE 1 of the bill, insert the following
appropriately numbered SECTION:
SECTION ____. On or before March 1, 2004, the Texas
Residential Construction Commission shall begin certifying
arbitrators under Chapter 417, Property Code, as added by this
article.
(7) Renumber and reletter appropriately.