Texas 2009 - 81st Regular

Texas House Bill HB1653 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6129 JAM-D
2	2	By: Veasey H.B. No. 1653
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to issuance of an optional license for certain builders.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subtitle C, Title 16, Property
10	10	Code, is amended to read as follows:
11	11	SUBTITLE C. BUILDER REGISTRATION AND LICENSING
12	12	SECTION 2. Subtitle C, Title 16, Property Code, is amended
13	13	by adding Chapter 422 to read as follows:
14	14	CHAPTER 422. OPTIONAL LICENSE
15	15	Sec. 422.001. OPTIONAL LICENSE. (a) A person may act as a
16	16	builder without holding a license issued under this chapter.
17	17	(b) A person may not represent that the person is a licensed
18	18	builder unless the person holds a license issued under this
19	19	chapter.
20	20	Sec. 422.002. APPLICATION FOR LICENSE. An applicant
21	21	for an original or renewal license must submit an application on a
22	22	form prescribed by the commission.
23	23	Sec. 422.003. FEES. (a) The commission shall charge
24	24	and collect license application and renewal fees in amounts
25	25	reasonable and necessary to cover the cost of administering this
26	26	chapter.
27	27	(b) All fees paid to the commission under this section are
28	28	nonrefundable.
29	29	Sec. 422.004. ELIGIBILITY REQUIREMENTS. A person may not
30	30	receive a license under this chapter unless the person, at the time
31	31	of the application:
32	32	(1) is at least 18 years of age;
33	33	(2) maintains liability insurance in an amount set by
34	34	the commission;
35	35	(3) maintains at least $2,500 of working capital;
36	36	(4) has a total cost of at least $500 on one or more
37	37	projects;
38	38	(5) has, within the 10 years preceding the date of the
39	39	application, at least:
40	40	(A) four years of building trade experience; or
41	41	(B) two years of building trade experience and a
42	42	four-year baccalaureate degree in accounting, business,
43	43	mathematics, physics, economics, or another field of study approved
44	44	by the commission; and
45	45	(6) has passed an examination approved by the
46	46	commission regarding:
47	47	(A) business law; and
48	48	(B) homebuilding laws, regulations, and ethics.
49	49	Sec. 422.005. ISSUANCE OF LICENSE. (a) Not later than the
50	50	15th day after the date the commission receives an application from
51	51	an applicant who meets the requirements of this chapter, the
52	52	commission shall issue a license to the applicant.
53	53	(b) The license remains in effect for the period prescribed
54	54	by the commission if the license holder complies with this chapter
55	55	and pays the appropriate renewal fees.
56	56	Sec. 422.006. DENIAL OF LICENSE. (a) If the commission
57	57	denies an application for an original license or a renewal license,
58	58	the commission shall give written notice to the applicant not later
59	59	than the 15th day after the date the commission receives the
60	60	application.
61	61	(b) The applicant may appeal the denial of the application
62	62	if, on or before the 30th day after the date the applicant receives
63	63	notice under this section, the applicant files a written request
64	64	for a hearing before the commission.
65	65	(c) The commission shall:
66	66	(1) set a time and place for the hearing not later than
67	67	the 30th day after the date the commission receives the notice of
68	68	the appeal; and
69	69	(2) give notice of the hearing to the applicant before
70	70	the 15th day before the date of the hearing.
71	71	(d) The hearings officer may grant a motion for continuance
72	72	of the hearing on the request of the commission or either party.
73	73	(e) The hearing shall be held before a hearings officer
74	74	appointed by the commission. After the hearing, the hearings
75	75	officer shall enter an appropriate order.
76	76	(f) The commission shall adopt procedural rules under which
77	77	a decision by a hearings officer under this section is subject to
78	78	appeal to the commission.
79	79	(g) A hearing under this section is governed by Chapter
80	80	2001, Government Code.
81	81	Sec. 422.007. EXPIRATION OF LICENSE. (a) The commission
82	82	may issue or renew a license for a period that does not exceed 24
83	83	months.
84	84	(b) The commission by rule may adopt a system under which
85	85	licenses expire on various dates throughout the year. The
86	86	commission shall adjust the date for payment of renewal fees
87	87	accordingly.
88	88	(c) In a year in which the expiration date for a license is
89	89	changed, the renewal fee payable shall be prorated on a monthly
90	90	basis so that the license holder pays only that portion of the fee
91	91	that is allocable to the number of months during which the license
92	92	is valid. On renewal of the license on the new expiration date, the
93	93	total renewal fee is payable.
94	94	Sec. 422.008. RULES. The commission shall adopt rules
95	95	necessary to implement this chapter.
96	96	SECTION 3. This Act takes effect September 1, 2009.