CHAPTER 427. INSPECTORS - Texas Statutes

PROPERTY CODE

TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT

SUBTITLE D. STATE-SPONSORED INSPECTION AND DISPUTE RESOLUTION

PROCESS; STATUTORY WARRANTY AND BUILDING AND PERFORMANCE

STANDARDS

CHAPTER 427. INSPECTORS

Sec. 427.001. QUALIFICATIONS OF THIRD-PARTY INSPECTORS. (a) A

third-party inspector approved by the commission must:

(1) meet the minimum qualifications prescribed by this section

and any other qualifications prescribed by the commission by

rule; and

(2) submit an application to the commission annually with an

application fee in the amount required by the commission by rule.

(b) A third-party inspector who inspects an issue involving

workmanship and materials must:

(1) have a minimum of three years' experience in the residential

construction industry; and

(2) be certified as a residential combination inspector by the

International Code Council.

(c) A third-party inspector who inspects an issue involving a

structural matter or involving workmanship, materials, and a

structural matter must:

(1) be an approved structural engineer or approved architect;

and

(2) have a minimum of five years' experience in residential

construction.

(c-1) A third-party inspector who inspects an issue involving a

structural matter and an unrelated issue involving workmanship

and materials matters must meet the requirements of Subsections

(b) and (c).

(d) Each third-party inspector must receive, in accordance with

commission rules:

(1) initial training regarding the state-sponsored inspection

and dispute resolution process and this subtitle; and

(2) annual continuing education in the inspector's area of

practice.

(e) A third-party inspector may not receive more than 10 percent

of the inspector's gross income in a federal income tax year from

providing expert witness services, including retention for the

purpose of providing testimony, evidence, or consultation in

connection with a pending or threatened legal action.

(f) In adopting rules under Subsection (d), the commission shall

recognize any continuing education requirements established for

engineers and architects.

Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

843, Sec. 38, eff. September 1, 2007.

Sec. 427.002. STATE INSPECTORS. (a) The commission shall

employ state inspectors to:

(1) review on an appeals panel the recommendations of

third-party inspectors;

(2) provide consultation to third-party inspectors; and

(3) administer the state-sponsored inspection and dispute

resolution process.

(b) A state inspector must be certified as a residential

combination inspector by the International Code Council.

Added by Acts 2003, 78th Leg., ch. 458, Sec. 1.01, eff. Sept. 1,

2003.

Sec. 427.003. NO CIVIL LIABILITY. (a) A person who performs

services for the commission as a third-party inspector or a state

inspector who does not act with wanton and wilful disregard for

the rights, safety, or property of another is not liable for

civil damages for any act or omission within the course and scope

of carrying out the person's duties or functions as a third-party

inspector or state inspector.

(b) This section does not apply to an intentional act of

misconduct or gross negligence.

Added by Acts 2007, 80th Leg., R.S., Ch.

843, Sec. 39, eff. September 1, 2007.