Amend CSHB 1038 as follows:                                                  
	Amend Sec 436.002 of the property code to add section (c) and 
read as follows; then renumber as appropriate.
	§436.002. APPLICABILITY. (a) This subtitle applies only to an 
arbitration of a dispute between a homeowner and a builder that 
involves an alleged construction defect.
	(b) The requirements of this subtitle supplement Chapter 171, 
Civil Practice and Remedies Code, and the Federal Arbitration Act 
(9 U.S.C. Sections 1-16), as amended.
	(c) The requirement of arbitration in a dispute involving a 
construction defect shall be made optional.