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A BILL TO BE ENTITLED
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AN ACT
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relating to inspection of residential construction in |
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unincorporated areas; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 16, Property Code, is amended by adding |
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Subtitle F to read as follows: |
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SUBTITLE F. INSPECTION OF NEW RESIDENTIAL CONSTRUCTION |
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CHAPTER 446. RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA |
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Sec. 446.001. APPLICABILITY OF CHAPTER. This chapter |
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applies to construction described by Section 401.003(a) in an |
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unincorporated area. |
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Sec. 446.002. INSPECTION REQUIRED. (a) A builder shall |
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have a new home or other improvement to which this chapter applies |
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inspected by a third-party inspector approved by the commission. |
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(b) The inspection must be performed at the time and in the |
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manner prescribed by commission rule. |
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(c) The builder shall submit a written report prepared by |
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the inspector describing the results of the inspection to: |
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(1) the commission; and |
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(2) the person purchasing the home or other |
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improvement from the builder. |
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Sec. 446.003. QUALIFICATIONS OF INSPECTORS. Unless the |
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commission by rule establishes additional qualifications for |
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performing inspections under this chapter, a third-party inspector |
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qualified under Section 427.001(b) to inspect issues involving |
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workmanship and materials may perform an inspection under this |
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chapter. |
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Sec. 446.004. ELEMENTS OF INSPECTION. The commission by |
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rule shall: |
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(1) establish the elements of the construction that |
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must be inspected under this chapter; and |
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(2) prescribe the form in which the results of the |
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inspection will be reported in writing. |
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Sec. 446.005. CONSTRUCTION IN CERTAIN AREAS: ELIGIBILITY |
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FOR CERTAIN WINDSTORM AND HAIL INSURANCE. (a) This section applies |
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only to construction in an unincorporated area in which windstorm |
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and hail insurance coverage is available under Chapter 2210, |
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Insurance Code. |
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(b) In addition to an inspection required by Section |
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446.002, the builder must: |
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(1) obtain a certificate of compliance under Section |
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2210.251, Insurance Code, for the structure; and |
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(2) provide a copy of the certificate to: |
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(A) the commission; and |
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(B) the person purchasing the home or other |
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improvement from the builder. |
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Sec. 446.006. PENALTIES. A builder who violates this |
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chapter is subject to disciplinary action under Chapter 418 and may |
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be subject to an administrative penalty under Chapter 419. |
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SECTION 2. On or before December 1, 2007, the Texas |
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Residential Construction Commission shall adopt all rules |
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necessary to implement Subtitle F, Title 16, Property Code, as |
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added by this Act. |
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SECTION 3. The change in law made by this Act applies only |
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to construction commenced on or after January 1, 2008. |
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Construction commenced before January 1, 2008, is governed by the |
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law in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |