Part 7.
TEXAS RESIDENTIAL CONSTRUCTION COMMISSION
Chapter 303.
REGISTRATION
Subchapter E. TEXAS STAR BUILDER PROGRAM
10 TAC §303.300
The Texas Residential Construction Commission proposes for
comment amendments to 10 TAC §303.300, which sets forth the requirements
for qualification for the Texas Star Builder Program. The amendments are,
in part, the result of a petition for rulemaking filed by the Houston Center
for Independent Living (HCIL). Commission rule 10 TAC §301.2 requires
the commission to publish notice of a petition for rulemaking in the
In addition, the amendments change the term of membership to match the
two-year term registration requirements for builder registration adopted by
the commission in February 2006 because Property Code §416.011(d) provides
that the certification issued by the commission for a "Texas Star Builder"
shall be for the same period of time as the builder's registration. Also,
because of the change of builder registration from annual to biennial, amendments
are proposed to clarify that the annual continuing education requirements
for Texas Star Builder membership are separate from the renewal requirements.
Another amendment is proposed because the Texas Veterans Land Board no
longer has a green building program.
Stephen A. Hester Jr., on behalf of the Houston Center for Independent
Living (HCIL), submitted a petition for adoption of an amendment to the Texas
Star Builder rule. The HCIL's stated justification is to require Texas Star
Builders to serve all citizens, including those with disabilities.
The petition seeks to amend the rule to add a new section regarding barrier-free
construction practices. The proposal would require a builder, when registering
with the commission, to provide a sworn statement that the applicant constructed
8% of homes built during the previous year in compliance with a list of minimum
requirements relating to: exterior doors; interior doorways and hallways;
reinforced bathroom walls, tubs and showers; and maximum height restrictions
for switches, boxes and thermostats.
The petition would permit a builder to apply for an exterior disability
accessibility waiver if compliance is cost prohibitive (as determined by the
builder or an architect).
The petition would require a builder to provide a list of "Universal Design
Options" and cost estimations for incorporating an option as prescribed by
the commission to potential homeowners 3 days prior to execution of a contract
sale. The petition would exempt a builder who has more than 20% of homes built
in compliance with the minimal standards from this section.
The commission received comments to the proposed petition for rulemaking
from the Texas Association of Builders (TAB). TAB suggested that the rule
be amended to add a builder's willingness (or ability) to build a given percentage
or given number of houses that contain the additional accessibility features
to the construction practices contained in §303.300(f) to encourage builders
to build these kind of homes, without mandating that they do so. The amendment
would encourage accessibility in buildings while keeping the program open
to all builders.
The commission has reviewed the petition and related comments and has incorporated
the responses into a new §303.300(f)(8), which incorporated the 8% construction
commitment into one of the three qualifying events needed to receive the award
of the Texas Star Builder designation.
The commission believes this amendment will enable builders to participate
within a range of options and preserve the right of the individual to negotiate
a contract for their home for the specific accessibility needs of the homeowner,
and not create a boilerplate of features that may not be necessary or desired.
Susan Durso, General Counsel for the commission, has determined that for
each year of the first five-year period that the proposed amendments are in
effect there will be no increase in expenditures or revenue for state government
and no fiscal impact for local government as a result of enforcing or administering
the amended section.
Ms. Durso has also determined that for each year of the first five-year
period the proposed amendments are in effect the public will benefit from
having a broader range of selection criteria for builders/remodelers to utilize
when applying to the program and from the clarification of the rule.
Ms. Durso has also determined that for each year of the first five-year
period that the amendments are in effect there will not be an effect on individuals,
or large, small or micro businesses. Further, there is no anticipated economic
cost to persons who are required to comply with the proposed amendments.
Ms. Durso has also determined that for each year of the first five-year
period the proposed amendments are in effect there should be no effect on
a local economy; therefore, no local employment impact statement is required
under the Administrative Procedure Act, §2001.022.
Interested persons may send written comments regarding these proposed amendments
to the Texas Residential Construction Commission, P.O. Box 13144, Austin,
Texas 78711-3144. Comments regarding these amendments will be accepted for
30 days following the date of publication in the
Texas Register
. Thereafter, the comments will not be considered as
timely filed. Comments may also be submitted electronically to comments@trcc.state.tx.us.
For comments submitted electronically, please include "303 amendments" in
the subject line. Comments submitted electronically that do not include "303
amendments" in the subject line may not be considered.
The amendments are proposed pursuant to Property Code §408.001,
which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16, Property Code and Property Code §416.011.
No other statutes or codes are affected by the amendments.
§303.300.Texas Star Builder Program.
(a)
Purpose. The Texas Star Builder Program is a voluntary
program for builders and remodelers that
are
[
(b)
Definitions. The following words and terms, when used in
this section shall have the following meanings, unless the context clearly
indicates otherwise:
(1) - (3)
(No change.)
(4)
Foundation Practices--
(A)
Foundations are designed by a structural engineer based
on a site specific geotechnical report as may be required by the engineer
of record; [
(B)
The site specific geotechnical report is one that is appropriate
for the circumstances with the frequency and spacing of the borings determined
by the geotechnical engineer; [
(C)
Foundations are built as designed; [
(D)
The construction of the foundation system is inspected
prior to the placement of the concrete by the engineer or an employee of the
engineer who issues an inspection report; [
(E)
If the foundation system is designed for post-tension cables,
then the builder shall maintain a record of the stressing certification; [
(F)
The builder makes a record of the elevations of the foundation
prior to substantial completion of the home or an improvement to the home;
[
(G)
(No change.)
(H)
The builder
who constructs the major structural components
of a single-family dwelling or duplex or a material improvement, for
a period of ten years following the date of substantial completion, shall
maintain:
(i) - (iv)
(No change.)
(5)
Member--A person registered as a builder
or remodeler
or designated agent
of a builder or remodeler
by the commission
who has been approved by the commission for admission into the Texas Star
Builder program.
(6)
Program Year--Beginning July 1, 2006,
the twelve months from July 1 to June 30 each year will constitute a Program
Year for the Texas Star Builder Program.
(7)
[
(8)
[
(9)
Universal Design Options--Features in
residential construction that provide barrier-free access and easy mobility
and independence for people with a broad variety of physical needs including
all of the following: barrier-free construction of exterior doors; interior
doorways and hallways; reinforced bathroom walls, tubs and showers; and maximum
height restrictions for switches, boxes and thermostats.
(c)
Eligibility.
(1)
An applicant who is
a sole proprietor
[
(A)
(No change.)
(B)
seven years of experience immediately preceding the application
acting as a builder or remodeler of single family dwellings or duplexes in
the State of Texas, is an active builder member of and
with
[
(C) - (D)
(No change.)
(2)
An applicant that is a business entity, which registered
40 homes or less in the preceding twelve months, must have at least one responsible
party of the applicant who satisfies one of the following:
(A)
(No change.)
(B)
seven years of experience immediately preceding the application
acting as a builder or remodeler of single family dwellings or duplexes in
the State of Texas, is an active builder member of and
with
[
(C) - (D)
(No change.)
(3)
An applicant that is a business entity, which registered
more than 40 homes in the preceding twelve months, must have at least one
responsible party of the applicant and
one
[
(A)
(No change.)
(B)
seven years of experience immediately preceding the application
acting as a builder or remodeler of single family dwellings or duplexes in
the State of Texas, is an active builder member of and
with
[
(C)
five years of experience immediately preceding the application
acting as a builder or remodeler of single family dwellings or duplexes in
the State of Texas and [
(D)
three years of experience immediately preceding the application
acting as a builder or remodeler of single family dwellings or duplexes in
the State of Texas and [
(d)
Financial Responsibility. An applicant must:
(1)
provide documentation from a financial institution that
includes a statement of the following information that at the time of the
application:
(A) - (D)
(No change.)
(E)
The officer or official of the financial institution that
executes the document does not have actual knowledge that the applicant has
overdrafts or past due notices that have not been brought current in a timely
manner within the standards of the lending[
(F)
The officer or official of the financial institution that
executes the document does not have actual knowledge of any current delinquency
in property taxes, unsatisfied judgments or enforceable mechanic's
or
[
(i) - (iii)
(No change.)
(2)
provide a sworn or attested statement of the applicant
that:
(A) - (C)
(No change.)
(D)
the applicant has no enforceable mechanic's
or
[
(i) - (iii)
(No change.)
(3) - (4)
(No change.)
(e)
Insurance requirements.
(1)
A remodeler-applicant must maintain a general liability
policy of:
(A)
(No change.)
(B)
$500,000 per occurrence, if the applicant registered between
76 - 125
[
(C)
(No change.)
(2)
A remodeler-applicant who has registered fewer than 25
homes in the preceding twelve months does not need to comply with the general
liability insurance requirements of this section
.
[
(3) - (4)
(No change.)
(f)
Construction Practices. The applicant must provide a sworn
or attested statement that the applicant shall comply during the term of membership
with the requirements of at least three of the following:
(1)
a green building program such as the Model Green Home
Building Guidelines sponsored by
[
(2)
(No change.)
(3)
Certified Aging-in-
Place
[
(4)
a private inspection program for at
least
[
(5) - (6)
(No change.)
(7)
provide
[
(8)
affirm that 8% of homes constructed annually
were built in accordance with Universal Design Options as defined in this
section.
(g)
Participation. Applicants must agree to actively participate
in any eligible SIRP request submitted by a homeowner involving a residential
construction project for which the applicant was the builder
or remodeler
and must agree to respond to the homeowner in good faith based on the
final non-appealable SIRP report and recommendation.
(h)
(No change.)
(i)
Application. Applicants must submit a completed commission-prescribed
application form and credible documentation supporting the information supplied
in the application for each applicant seeking membership or renewal in the
Texas Star Builder Program.
(1)
An applicant may submit an application for membership in
the Texas Star Builder Program only once during
a Program Year
[
(2)
(No change.)
(3)
Applicants shall respond to inquiries from the commission
for further information regarding an application for membership or renewal
of membership. Failure to respond
within 15 days
to a request for
information shall result in the administrative withdrawal of the application.
(4)
(No change.)
[(5)
Failure to submit all requested documentation
within fifteen days of notice of an incomplete application will result in
the administrative withdrawal of the application.]
(5)
[
(j)
Continuing education. Beginning
July 1
[
(1)
For purposes of this requirement:
(A)
(No change.)
(B)
any member that is a business entity[
(C)
(No change.)
(D)
Beginning
July 1, 2006
[
(E)
Approved Continuing Education Courses or Programs.
(i)
The Executive Director shall [
[(ii)
Any member that registers more than
30 homes per year who wishes to conduct an in-house training program for its
employees in order to satisfy the continuing education requirement of this
section may submit course materials to the Executive Director for approval.
The Executive Director shall consider in the approval process of a proposed
in-house training program, the objective and purpose of the program, the content
and subject matter of each course and the qualifications of the presenters.]
(ii)
[
(2)
Substitutions for Continuing Education Coursework.
(A)
A member may substitute not more than three credit hours
of continuing education per
Program Year
[
(B)
A member may not substitute more than two credit hours
of continuing education for self-study
in a Program Year
. To receive
[
(C)
A member may substitute instructor credit for up to five
credit hours of continuing education
in a Program Year
. Each hour
of instruction given is equivalent to an hour of continuing education credit.
To receive [
(k)
(No change.)
(l)
Denial.
(1) - (2)
(No change.)
(3)
The commission shall state the reason(s) for denial of
membership or renewed membership in the Texas Star Builder Program in its
written notice to the applicant and provide
an
[
(m)
(No change.)
(n)
Revocation of Membership.
(1)
The commission shall revoke a certificate of membership
in the Texas Star Builder Program if the commission determines that:
(A)
the member has been subject to a final disciplinary action
from the commission pursuant to
Chapter 418
[
(B)
(No change.)
(C)
the member is no longer eligible for a Certificate of Registration
as a builder
or remodeler
or is no longer eligible to serve as
a designated agent for a builder
or remodeler
; [
(D)
the member's Certificate of Registration has been suspended,
is placed in inactive status or the member has been placed under a commission
probation order
; or
[
(E)
the member has failed to maintain the
program's continuing education requirements.
(2) - (4)
(No change.)
(o)
(No change.)
(p)
Recognition of Membership. A member may display the Texas
Star Builder logo [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 26, 2006.
TRD-200603948
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Earliest possible date of adoption: September 10, 2006
For further information, please call: (512) 463-2886
have been
]
registered and are in good standing under Subchapter A of this chapter for
a period of twelve months immediately preceding their application to the program.
Participation in this program is not required to be a builder or remodeler
in the State of Texas.
and
]
and
]
and
]
and
]
and
]
and
]
(6)
] Responsible Party--An individual
who is authorized to act on behalf of a business entity that is a registered
builder or remodeler in transactions involving amounts in excess of $100,000,
excluding execution of contracts or instruments of conveyance for the sale
of a single lot or dwelling unit, or the acquisition of materials for construction
thereof.
(7)
] SIRP--The State-sponsored Inspection
and Dispute Resolution Process.
not a business entity
] must satisfy one of the following:
has had
] continuous membership in a trade association related to the
construction industry for at least five years preceding the date of the application;
or
has had
] continuous membership in a trade association related to the
construction industry for at least five years preceding the date of the application;
or
an
] employee
of the applicant who is involved in on-site construction activities for each
40 homes registered in the
preceding
twelve months who each satisfy
one of the following:
has had
] continuous membership in a trade association related to the
construction industry for at least five years preceding the date of the application;
or
each
] holds a four-year degree in construction
science or its equivalent from an accredited college or university; or
each
] has credible documentation of completion
of educational requirements administered by an association or institution
that designates a level of expertise in the residential construction industry,
such as the National Association of Home Builders Graduate Builder and Remodeler
Programs.
/banking
] industry;
and
and
] materialmen's liens on any property for which applicant
entered into a transaction governed by the Act as a result of failure to pay
a subcontractor or supplier unless the builder has either:
and
] materialmen's liens on any property for which the applicant entered
into a transaction governed by the Act as a result of failure to pay a subcontractor
or supplier unless the builder has either:
75 - 125
] homes in the preceding twelve months;
or
;
]
the Green Building Program sponsored
by the Texas Veterans Land Board or
] the National Association of
Home
Builders, [
or any successor entities,
] any local governmental
authority or similar
publicly or privately sponsored
programs
as approved by the Executive Director;
place
]
Specialist Program or EasyLiving Home Certification Program;
lease
] three (3) phases of construction for all homes built in
a
geographic area that are not inspected by municipal inspectors; or
Provide
] homeowners with
whom it enters into a transaction governed by the Act with a third-party warranty
program offered by a commission-approved third-party warranty company or provide
those homeowners with a two-year warranty for all one-year workmanship and
materials items pursuant to the building and performance standards set forth
in Chapter 304, Subchapter B of this title
; or
[
.
]
any calendar year
].
(6)
] A Texas Star Builder certificate
of membership shall
be
[
remain
] effective for
a two-year term of membership to expire at the end of the second Program Year
of membership
[
one year
] from the date of issuance unless
revoked
, without proration for any portion of a Program Year in which
the membership is not yet approved
.
January 1
], 2006, all members shall complete at least 16 hours of continuing
education per
Program Year
[
year
]. A [
member may
not submit for credit
] continuing education course with the same course
content as [
one
] previously submitted for credit
cannot be
repeated for credit
[
by the same member
].
,
] that
registered fewer than 40 homes in the preceding twelve months[
,
]
shall require at least one officer of the member to maintain the continuing
education requirement; or
January 1, 2007
],
and each Program Year thereafter, members must submit
evidence
no later than June 30 of each Program Year that they have completed
[
of completion of
] the continuing education requirements of this section
during the preceding 12 months. Proof of continuing education must be submitted
to the commission with a completed Texas Star Builder continuing education
form and processing fee
[
must be submitted with each renewal application
].
annually
] review
all courses or programs submitted and shall approve those
that
[
sufficient to
] satisfy the continuing education requirement.
The
Executive Director shall consider in the approval process of a proposed training
program, the objective and purpose of the program, the content and subject
matter of each course and the qualifications of the presenters.
(iii)
] Any
member that registers
more than 30 homes per year that wished to conduct an in-house training program
for its employees or any
person who wishes to sponsor a course or training
program for continuing education purposes under this section must submit a
written request for consideration, a detailed course agenda, a written course
description and resume or biographical information of each speaker or presenter
to the Executive Director for approval, not later than
sixty (60)
[
thirty
] days prior to the proposed event.
membership year
] for participation in an active leadership role (such as an officer
or committee chairperson) in a trade association for the
Program Year
[
membership year
] in which the continuing education hours
would have been taken. To receive this leadership credit, the member shall
submit to the commission written verification from the president, executive
officer, or other equivalent of the association, certifying the member's leadership
status.
this
] self-study credit, the member must submit to the commission
a statement that verifies the completion of self-study and the materials studied.
this
] instructor credit, the member must submit to
the commission a copy of the published course agenda.
notice of
the
] opportunity for appeal.
§418.001
] of the Act;
or
]
.
]
approved and submitted for trademark
] so long
as that member remains in good standing
in
[
as a member of
] the
Texas
Star Builder Program. Members who have had continuous
membership in the
Texas
Star Builder Program may display the number
of years of continuous membership.
Chapter 313.
STATE-SPONSORED INSPECTION AND DISPUTE RESOLUTION PROCESS (SIRP)