Amend CSHB 1038 as follows:                                                  
	Add a new section after page 20, line 8 as follows:                            
	Amend Section 426.001 of the Texas by adding subsection (d) 
as follows:      
	(d) Notwithstanding any other provision, the state-sponsored 
inspection and dispute resolution process is voluntary at the 
discretion of a homeowner until such time as a homeowner submits a 
request for the state-sponsored inspection and dispute resolution.
		(1) A builder may not require by contract or otherwise 
that a homeowner use the state-sponsored inspection and dispute 
resolution process. The builder may not represent directly or 
indirectly that the state-sponsored inspection and dispute 
resolution process is required of a homeowner.
		(2) The provisions of subsection (d) may not be waived, 
voided, or nullified.
	Strike in Section 22, page 14, line 8 "must" and substitute 
"need not."      
	Strike in Section 22, page 14, lines 14-18.