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A BILL TO BE ENTITLED
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AN ACT
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relating to fees authorized by the Texas Residential Construction |
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Commission Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.002, Property Code, is amended to |
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read as follows: |
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Sec. 408.002. FEES. The commission shall adopt fees as |
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required by this title in amounts that are reasonable and necessary |
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to provide sufficient revenue to cover the costs of administering |
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this title. The commission may not charge a homeowner a fee in |
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connection with a complaint, request, or other proceeding under |
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Chapter 409 or Subtitle D. |
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SECTION 2. Section 428.001(b), Property Code, is amended to |
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read as follows: |
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(b) The request must: |
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(1) specify in reasonable detail each alleged |
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construction defect that is a subject of the request; |
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(2) state the amount of any known out-of-pocket |
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expenses and engineering or consulting fees incurred by the |
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homeowner in connection with each alleged construction defect; |
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(3) include any evidence that depicts the nature and |
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cause of each alleged construction defect and the nature and extent |
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of repairs necessary to remedy the construction defect, including, |
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if available, expert reports, photographs, and videotapes, if that |
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evidence would be discoverable under Rule 192, Texas Rules of Civil |
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Procedure; and |
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(4) [be accompanied by the fees required under Section
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426.004; and
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[(5)] state the name of any person who has, on behalf |
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of the requestor, inspected the home in connection with an alleged |
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construction defect. |
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SECTION 3. Section 428.004(d), Property Code, is amended to |
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read as follows: |
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(d) The [Except as provided by this subsection, the] |
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third-party inspector's recommendation may not include payment of |
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any monetary consideration. [If the inspector finds for the party
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who submitted the request, the commission may order the other party
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to reimburse all or part of the fees and inspection expenses paid by
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the requestor under Section 426.004.] |
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SECTION 4. Section 426.004, Property Code, is repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to a complaint, request, or other proceeding initiated on or after |
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the effective date of this Act. A complaint, request, or other |
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proceeding initiated before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |