81R6129 JAM-D
By: Veasey H.B. No. 1653
A BILL TO BE ENTITLED
AN ACT
relating to issuance of an optional license for certain builders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle C, Title 16, Property
Code, is amended to read as follows:
SUBTITLE C. BUILDER REGISTRATION AND LICENSING
SECTION 2. Subtitle C, Title 16, Property Code, is amended
by adding Chapter 422 to read as follows:
CHAPTER 422. OPTIONAL LICENSE
Sec. 422.001. OPTIONAL LICENSE. (a) A person may act as a
builder without holding a license issued under this chapter.
(b) A person may not represent that the person is a licensed
builder unless the person holds a license issued under this
chapter.
Sec. 422.002. APPLICATION FOR LICENSE. An applicant
for an original or renewal license must submit an application on a
form prescribed by the commission.
Sec. 422.003. FEES. (a) The commission shall charge
and collect license application and renewal fees in amounts
reasonable and necessary to cover the cost of administering this
chapter.
(b) All fees paid to the commission under this section are
nonrefundable.
Sec. 422.004. ELIGIBILITY REQUIREMENTS. A person may not
receive a license under this chapter unless the person, at the time
of the application:
(1) is at least 18 years of age;
(2) maintains liability insurance in an amount set by
the commission;
(3) maintains at least $2,500 of working capital;
(4) has a total cost of at least $500 on one or more
projects;
(5) has, within the 10 years preceding the date of the
application, at least:
(A) four years of building trade experience; or
(B) two years of building trade experience and a
four-year baccalaureate degree in accounting, business,
mathematics, physics, economics, or another field of study approved
by the commission; and
(6) has passed an examination approved by the
commission regarding:
(A) business law; and
(B) homebuilding laws, regulations, and ethics.
Sec. 422.005. ISSUANCE OF LICENSE. (a) Not later than the
15th day after the date the commission receives an application from
an applicant who meets the requirements of this chapter, the
commission shall issue a license to the applicant.
(b) The license remains in effect for the period prescribed
by the commission if the license holder complies with this chapter
and pays the appropriate renewal fees.
Sec. 422.006. DENIAL OF LICENSE. (a) If the commission
denies an application for an original license or a renewal license,
the commission shall give written notice to the applicant not later
than the 15th day after the date the commission receives the
application.
(b) The applicant may appeal the denial of the application
if, on or before the 30th day after the date the applicant receives
notice under this section, the applicant files a written request
for a hearing before the commission.
(c) The commission shall:
(1) set a time and place for the hearing not later than
the 30th day after the date the commission receives the notice of
the appeal; and
(2) give notice of the hearing to the applicant before
the 15th day before the date of the hearing.
(d) The hearings officer may grant a motion for continuance
of the hearing on the request of the commission or either party.
(e) The hearing shall be held before a hearings officer
appointed by the commission. After the hearing, the hearings
officer shall enter an appropriate order.
(f) The commission shall adopt procedural rules under which
a decision by a hearings officer under this section is subject to
appeal to the commission.
(g) A hearing under this section is governed by Chapter
2001, Government Code.
Sec. 422.007. EXPIRATION OF LICENSE. (a) The commission
may issue or renew a license for a period that does not exceed 24
months.
(b) The commission by rule may adopt a system under which
licenses expire on various dates throughout the year. The
commission shall adjust the date for payment of renewal fees
accordingly.
(c) In a year in which the expiration date for a license is
changed, the renewal fee payable shall be prorated on a monthly
basis so that the license holder pays only that portion of the fee
that is allocable to the number of months during which the license
is valid. On renewal of the license on the new expiration date, the
total renewal fee is payable.
Sec. 422.008. RULES. The commission shall adopt rules
necessary to implement this chapter.
SECTION 3. This Act takes effect September 1, 2009.