Amend CSHB 2295 (house committee printing) as follows:
(1) Strike page 11, line 27, through page 12, line 10, and substitute the following:
SECTION 15. Section 408.002, Property Code, is amended by
amending Subsections (c) and (d) to read as follows:
(c) The commission may charge a reasonable fee for:
(1) [a homeowner to submit a request for
state-sponsored inspection under Subtitle D;
[(2)] providing public information requested under
Chapter 552, Government Code, excluding information requested from
the commission under Section 409.001; or
(2) [(3)] producing, mailing, and distributing
special printed materials and publications generated in bulk by the
commission for use and distribution by builders.
(d) The commission may not charge [waive or reduce the fee
for an inspection under Subtitle D for] a homeowner a [who
demonstrates an inability to pay the] fee in connection with a
complaint, request, or other proceeding under Chapter 409 or
Subtitle D.
(2) On page 15, line 27, strike "418.001(14)-(20)" and
substitute "418.001(13)-(19)".
(3) On page 26, strike lines 7 and 8 and substitute the
following:
(11) [failure to reimburse a homeowner the amount
ordered by the commission as provided by Section 428.004(d);
(4) On page 26, line 9, strike "(12)" and substitute
"[(12)]".
(5) On page 28, line 26, strike "418.001(12)" and substitute
"418.001(11) [418.001(12)]".
(6) On page 26, lines 12, 15, 17, 19, 21, 23, 27, page 27,
lines 2, 6, 13, 15, 18, 22, 24, 26, and page 28, lines 3 and 6,
renumber subdivisions of amended Section 418.001, Property Code,
appropriately.
(7) On page 36, line 13, strike "party who submits a
request" and substitute "builder [party] who is involved in a
dispute for which a request is submitted [submits a request]".
(8) On page 41, strike lines 16 and 17 and substitute the
following:
SECTION 55. Section 428.001, Property Code, is amended by
amending Subsections (a) and (b) to read as follows:
(9) On page 41, between lines 24 and 25, insert the
following:
(b) The request must:
(1) specify in reasonable detail each alleged
construction defect that is a subject of the request;
(2) state the amount of any known out-of-pocket
expenses and engineering or consulting fees incurred by the
homeowner in connection with each alleged construction defect;
(3) include any evidence that depicts the nature and
cause of each alleged construction defect and the nature and extent
of repairs necessary to remedy the construction defect, including,
if available, expert reports, photographs, and videotapes, if that
evidence would be discoverable under Rule 192, Texas Rules of Civil
Procedure;
(4) be accompanied by the fees required under Section
426.004, if applicable; and
(5) state the name of any person who has, on behalf of
the requestor, inspected the home in connection with an alleged
construction defect.
(10) Strike page 56, line 27, through page 57, line 1, and
substitute the following:
(5) Sections 426.004(b) and (c);
(6) Section 428.001(c);
(7) Sections 428.004(d) and (e); and
(8) Subtitle E, Title 16.
(11) On page 61, strike line 2 and substitute:
(i) Sections 408.002, 426.004, 426.005, 428.002, 428.003,
and 428.004,
(12) Add the following appropriately numbered Sections to
the bill and renumber existing Sections of the bill accordingly:
SECTION ____. Section 419.002(c), Property Code, is amended
to read as follows:
(c) A violation of Section 418.001(2) or (11) [(12)] is
punishable by a penalty not to exceed $100,000.
SECTION ____. The heading to Section 426.004, Property
Code, is amended to read as follows:
Sec. 426.004. EXPENSES [FEES].