Amend CSHB 1038 on page 4, between lines 11 and 12, by inserting the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly: SECTION ____. Section 406.001, Property Code, is amended by amending Subsection (a) and adding Subsections (c), (d), (e), and (f) to read as follows: (a) The Texas Residential Construction Commission consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) four members must be builders who each hold a certificate of registration under Chapter 416; (2) three members must be representatives of the general public, each of whom has demonstrated a continued interest in consumer protection; (3) one member must be a licensed professional engineer who practices in the area of residential construction; and (4) one member must be either a licensed architect who practices in the area of residential construction or a building inspector who meets the requirements set forth in Chapter 427 and practices in the area of residential construction. (c) A person may not be a public member of the commission if the person or the person's spouse: (1) is a builder registered with the commission, or is otherwise registered, certified, or licensed by a regulatory agency in the field of residential construction; (2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission; or (4) uses or receives a substantial amount of tangible goods, services, or money from the commission other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses. (d) A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if: (1) the person is an officer, employee, manager, or paid consultant of a Texas trade association in the field of residential construction; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of residential construction. (e) A person may not be a member of the commission or act as general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission. (f) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.