GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS

CHAPTER 464. BUILDING MATERIALS AND SYSTEMS TESTING LABORATORY

Sec. 464.001.  DEFINITIONS.  In this chapter:
(1)  "Council" means the Technical Testing and Evaluation Council.
(2)  "Department" means the Texas Department of Housing and Community Affairs.
(3)  "Director" means the executive director of the department.
(4)  "Laboratory" means the State of Texas Building Materials and Systems Testing Laboratory.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 762, Sec. 8, eff. Sept. 1, 1991.

Sec. 464.002.  LABORATORY AND COUNCIL.  The State of Texas Building Materials and Systems Testing Laboratory is an agency of the state, and includes the Technical Testing and Evaluation Council.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.003.  COMPOSITION OF LABORATORY.  (a)  The department may invite a college or university with facilities to perform tests or make evaluations described by this chapter to participate in laboratory testing and evaluation and to appoint a representative to serve as a member of the council.
(b)  A public college or university invited under this section may participate in the functions of the laboratory.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.004.  COMPOSITION AND CHAIRMAN OF COUNCIL.  (a)  The council is composed of members who are the laboratory operations directors of the colleges and universities participating in the laboratory.
(b)  The members of the council shall elect a chairman by a majority vote at a meeting called for that purpose.  The chairman serves for a term of two years.
(c)  A member of the council may not receive compensation for services on the council, but is entitled to reimbursement, from funds of the laboratory, for travel and subsistence expenses incurred in performance of official duties and services for the laboratory.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.005.  COUNCIL MANAGEMENT AND PERFORMANCE OF LABORATORY FUNCTIONS.  (a)  The council shall administer the business of the laboratory subject to the policies, controls, and direction of the department.
(b)  The council is responsible for the conduct of all tests and evaluations provided for by this chapter.  The council shall distribute test and evaluation responsibilities to member colleges and universities according to their abilities to perform the activities required.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.006.  TESTING AND EVALUATION OF MATERIALS, PRODUCTS, AND SYSTEMS.  (a)  The laboratory shall be responsible for the testing and evaluation of building materials, products, and systems to establish performance capability based on the established and generally acceptable test standards adopted by the council and approved by the department.  The council shall report the results of these tests and evaluations to the department, which shall publish the test data and evaluations.
(b)  On receipt of a report under this section, the department shall issue an official performance certification statement.  The statement is a public record.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.007.  EVALUATION OF TESTS.  (a)  The laboratory through its council may evaluate tests of building materials, products, and systems conducted by a public or private testing institution that is:
(1)  accredited or approved by the United States Department of Housing and Urban Development or the National Bureau of Standards;  or
(2)  included on a list of testing laboratories formulated by the council and the department.
(b)  On completion of an evaluation, the department shall review it and issue a performance certification statement.  The statement must approve the test if it meets test standards established by the council and department or disapprove the test if it does not meet these standards.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 464.008.  FEES.  (a)  The department, with the advice of the council, shall establish a schedule of fees.
(b)  The fees shall be paid to the laboratory and deposited for the use of the laboratory in the administration, implementation, and enforcement of this chapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.