CHAPTER 436. GENERAL PROVISIONS - Texas Statutes

PROPERTY CODE

TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT

SUBTITLE E. RESIDENTIAL CONSTRUCTION ARBITRATION

CHAPTER 436. GENERAL PROVISIONS

Sec. 436.001. DEFINITIONS. In this subtitle:

(1) "Arbitration" means the procedure for dispute resolution

described by Section 154.027, Civil Practice and Remedies Code.

(2) "Arbitration services provider" means a person that holds

itself out as:

(A) managing, coordinating, or administering arbitrations;

(B) providing the services of arbitrators;

(C) making referrals or appointments to arbitrators; or

(D) providing lists of arbitrators.

(3) "Arbitrator" means a neutral individual who hears the claims

of the parties to a dispute and renders a decision and who is:

(A) chosen by the parties to the dispute;

(B) appointed by a court; or

(C) selected by an arbitration services provider under an

agreement of the parties or applicable rules.

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

2003.

Sec. 436.002. APPLICABILITY. (a) This subtitle applies only to

an arbitration of a dispute between a homeowner and a builder

that involves an alleged construction defect.

(b) The requirements of this subtitle supplement Chapter 171,

Civil Practice and Remedies Code, and the Federal Arbitration Act

(9 U.S.C. Sections 1-16), as amended.

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

2003.

Sec. 436.003. VENUE. (a) An arbitration of a dispute involving

a construction defect shall be conducted in the county in which

the home alleged to contain the defect is located.

(b) The requirements of this section may not be waived by

contract.

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

2003.

Sec. 436.004. RESIDENTIAL CONSTRUCTION ARBITRATION TASK FORCE.

(a) The commission shall appoint a task force to study

residential arbitrators and arbitration and advise the commission

with respect to residential arbitrators and arbitration.

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

2003.