80R1568 AJA-D
 
  By: Ritter H.B. No. 1039
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to inspection of residential construction in
unincorporated areas; providing penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Title 16, Property Code, is amended by adding
Subtitle F to read as follows:
SUBTITLE F. INSPECTION OF NEW RESIDENTIAL CONSTRUCTION
CHAPTER 446. RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA
       Sec. 446.001.  APPLICABILITY OF CHAPTER. This chapter
applies to construction described by Section 401.003(a) in an
unincorporated area.
       Sec. 446.002.  INSPECTION REQUIRED. (a) A builder shall
have a new home or other improvement to which this chapter applies
inspected by a third-party inspector approved by the commission.
       (b)  The inspection must be performed at the time and in the
manner prescribed by commission rule.
       (c)  The builder shall submit a written report prepared by
the inspector describing the results of the inspection to:
             (1)  the commission; and
             (2)  the person purchasing the home or other
improvement from the builder.
       Sec. 446.003.  QUALIFICATIONS OF INSPECTORS. Unless the
commission by rule establishes additional qualifications for
performing inspections under this chapter, a third-party inspector
qualified under Section 427.001(b) to inspect issues involving
workmanship and materials may perform an inspection under this
chapter.
       Sec. 446.004.  ELEMENTS OF INSPECTION. The commission by
rule shall:
             (1)  establish the elements of the construction that
must be inspected under this chapter; and
             (2)  prescribe the form in which the results of the
inspection will be reported in writing.
       Sec. 446.005.  CONSTRUCTION IN CERTAIN AREAS: ELIGIBILITY
FOR CERTAIN WINDSTORM AND HAIL INSURANCE. (a)  This section applies
only to construction in an unincorporated area in which windstorm
and hail insurance coverage is available under Chapter 2210,
Insurance Code.
       (b)  In addition to an inspection required by Section
446.002, the builder must:
             (1)  obtain a certificate of compliance under Section
2210.251, Insurance Code, for the structure; and
             (2)  provide a copy of the certificate to:
                   (A)  the commission; and
                   (B)  the person purchasing the home or other
improvement from the builder.
       Sec. 446.006.  PENALTIES. A builder who violates this
chapter is subject to disciplinary action under Chapter 418 and may
be subject to an administrative penalty under Chapter 419.
       SECTION 2.  On or before December 1, 2007, the Texas
Residential Construction Commission shall adopt all rules
necessary to implement Subtitle F, Title 16, Property Code, as
added by this Act.
       SECTION 3.  The change in law made by this Act applies only
to construction commenced on or after January 1, 2008.
Construction commenced before January 1, 2008, is governed by the
law in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
       SECTION 4.  This Act takes effect September 1, 2007.