Amend CSHB 1038 by adding the following appropriately
numbered SECTION to the bill and renumbering subsequent SECTIONS of
the bill 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) three [four] members must be builders who each
hold a certificate of registration under Chapter 416;
(2) four [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.