Amend CSHB 1038 as follows:                                                  

(1)  On page 6, line 22, strike "Section 416.008(d), Property 	Code, is" and substitute "Sections 416.008(d) and (e), Property 
Code, are".
	(2)  On page 6, following line 27, insert the following:                       
	(e)  The hearing shall be held 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.]
	(3)  On page 10, line 14, strike "or".                                  
	(4)  On page 10, line 16, strike the period and substitute 
";".       
	(5)  On page 10, between lines 16 and 17, insert the 
following:              
		(24)  failure to obtain a permit required by a 
political subdivision before constructing a new home or an 
improvement to an existing home; or
		(25)  abandoning or wilfully failing to perform, 
without justification, any home improvement contract or 
residential construction project engaged in or undertaken by the 
person, if found to have done so by a final, nonappealable judgment 
of a court.
	(6)  On page 10, lines 18 and 19, strike "or impose an 
administrative penalty".
	(7)  On page 12, line 10, strike "(a)".                                 
	(8)  On page 12, strike lines 16 through 19.