Texas 2009 - 81st Regular

Texas House Bill HB1854 Compare Versions

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

Old	New	Differences
1	1	81R8958 YDB-D
2	2	By: Davis of Harris H.B. No. 1854
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the registration of roofing contractors; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 8, Occupations Code, is amended by adding
11	11	Subchapter 1306 to read as follows:
12	12	CHAPTER 1306. ROOFING CONTRACTORS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 1306.001. DEFINITIONS. In this chapter:
15	15	(1) "Certificate" means a certificate of registration
16	16	issued under this chapter.
17	17	(2) "Commission" means the Texas Commission of
18	18	Licensing and Regulation.
19	19	(3) "Department" means the Texas Department of
20	20	Licensing and Regulation.
21	21	(4) "Roofing contracting" means performing or
22	22	offering to perform the installation, construction, maintenance,
23	23	service, repair, alteration, or modification of a roofing product
24	24	or equipment in roofs.
25	25	(5) "Roofing contractor" means a person who performs
26	26	roofing contracting for compensation.
27	27	Sec. 1306.002. EXEMPTIONS. (a) This chapter does not apply
28	28	to a person while the person performs roofing contracting:
29	29	(1) on new residential construction of a single-family
30	30	home, duplex, triplex, or fourplex;
31	31	(2) under the direct supervision of an individual
32	32	certificate holder;
33	33	(3) on property owned by the person and used as the
34	34	person's residence; or
35	35	(4) on a dwelling owned by a member of the person's
36	36	family.
37	37	(b) This chapter does not apply to a person who holds an
38	38	occupational license or other analogous authority issued by this
39	39	state and who performs roofing contracting work incidental to the
40	40	performance of work within the course and scope of the person's
41	41	license or other authority.
42	42	(c) This chapter does not apply to roofing contracting
43	43	performed for compensation that does not exceed a total amount of
44	44	$750.
45	45	[Sections 1306.003-1306.050 reserved for expansion]
46	46	SUBCHAPTER B. COMMISSION POWERS AND DUTIES
47	47	Sec. 1306.051. ENFORCEMENT; RULES. (a) The commission
48	48	shall enforce this chapter and may adopt rules relating to
49	49	enforcement requirements.
50	50	(b) The commission may contract with another state agency or
51	51	with a political subdivision of this state for the enforcement of
52	52	this chapter and the rules adopted by the commission under this
53	53	chapter.
54	54	Sec. 1306.052. FEES. The commission by rule shall set the
55	55	fees assessed to implement this chapter, including application
56	56	fees, registration fees, and renewal fees. The commission shall
57	57	set the fees in amounts reasonable and necessary to cover the costs
58	58	of implementing this chapter.
59	59	[Sections 1306.053-1306.100 reserved for expansion]
60	60	SUBCHAPTER C. REGISTRATION REQUIREMENTS
61	61	Sec. 1306.101. CERTIFICATE REQUIRED. (a) Unless exempted
62	62	from registration under Section 1306.002, a person may not perform
63	63	roofing contracting unless the person holds a certificate issued
64	64	under this chapter.
65	65	(b) A certificate is valid throughout this state, and the
66	66	holder is not required to hold a municipal license or certificate to
67	67	practice roofing contracting in any municipality in this state.
68	68	Sec. 1306.102. APPLICATION; ELIGIBILITY. (a) A
69	69	certificate application must be made on a form prescribed by the
70	70	commission.
71	71	(b) To be eligible for a certificate, an individual
72	72	applicant must:
73	73	(1) be at least 18 years of age; and
74	74	(2) meet any experience requirements prescribed by the
75	75	commission by rule.
76	76	(c) An individual's application must be accompanied by:
77	77	(1) proof of age of the applicant;
78	78	(2) a statement of the applicant's practical
79	79	experience, including the number of years of experience in roofing;
80	80	(3) the applicant's:
81	81	(A) state photo identification number, if any;
82	82	(B) sales tax number;
83	83	(C) Internal Revenue Service employer
84	84	identification number;
85	85	(D) telephone number and facsimile number;
86	86	(E) e-mail address; and
87	87	(F) mailing address and, if different from the
88	88	mailing address, the address where the applicant's business is
89	89	physically located; and
90	90	(4) the application fee.
91	91	(d) A business entity may be registered if the business
92	92	entity is owned by or employs an individual certificate holder who
93	93	will actively engage in roofing contracting on behalf of the
94	94	applicant. An application under this subsection must be
95	95	accompanied by:
96	96	(1) the applicant's:
97	97	(A) state identification number, if any;
98	98	(B) sales tax number;
99	99	(C) Internal Revenue Service employer
100	100	identification number;
101	101	(D) telephone number and facsimile number;
102	102	(E) e-mail address; and
103	103	(F) mailing address and, if different from the
104	104	mailing address, the address where the applicant's business is
105	105	physically located;
106	106	(2) the form of the business entity and name of each
107	107	owner of the applicant;
108	108	(3) the name, address, e-mail address, telephone
109	109	number, and facsimile number of the individual certificate holder
110	110	who owns or is employed by the business entity; and
111	111	(4) the application fee.
112	112	(e) The business name used by an applicant under this
113	113	section must be the same on all documents included with the
114	114	application.
115	115	(f) Each applicant must submit the evidence of insurance
116	116	coverage required by this chapter.
117	117	Sec. 1306.103. INSURANCE REQUIREMENTS. (a) A certificate
118	118	holder shall maintain comprehensive general liability insurance
119	119	coverage as provided by this section.
120	120	(b) An applicant for a certificate must provide as part of
121	121	the application:
122	122	(1) a certificate of insurance or other documentary
123	123	evidence of a general liability insurance policy issued by a
124	124	property and casualty insurer authorized by the Texas Department of
125	125	Insurance to engage in the business of insurance in this state,
126	126	countersigned by an insurance agent licensed in this state; or
127	127	(2) a certificate of insurance for surplus lines
128	128	coverage obtained under Chapter 981, Insurance Code, through a
129	129	licensed surplus lines agent resident in this state.
130	130	(c) The general liability insurance policy must be
131	131	conditioned to pay on behalf of the certificate holder damages that
132	132	the certificate holder becomes legally obligated to pay because of
133	133	bodily injury, property damage, or personal injury caused by an
134	134	event involving the principal, or an officer, agent, or employee of
135	135	the principal, in the conduct of any activity or service for which
136	136	the certificate holder is registered under this chapter.
137	137	(d) The insurance policy must:
138	138	(1) include products liability and completed
139	139	operations coverage; and
140	140	(2) contain minimum limits of:
141	141	(A) $500,000 for each occurrence for death or
142	142	bodily injury; and
143	143	(B) $500,000 for each occurrence for property
144	144	damage.
145	145	(e) On renewal of the certificate, each certificate holder
146	146	shall provide to the department a document issued by the person's
147	147	insurer that states the following:
148	148	(1) the name of the insurer;
149	149	(2) the policy number;
150	150	(3) the limits of coverage under the policy;
151	151	(4) the name of each insured under the policy;
152	152	(5) the policy term;
153	153	(6) any cancellation clause applicable to the
154	154	coverage; and
155	155	(7) a signature from the insurer or an agent for that
156	156	insurer.
157	157	(f) An insurance policy used to satisfy the requirements of
158	158	this section must provide that the insurer must send notice to the
159	159	department in the manner prescribed by the commission not later
160	160	than the 10th day after the date on which:
161	161	(1) the insurance policy is canceled before the policy
162	162	expiration date; or
163	163	(2) the minimum coverage limits required by this
164	164	section are reduced.
165	165	Sec. 1306.104. CERTIFICATE ISSUANCE; USE OF CERTIFICATE
166	166	NUMBER. (a) The commission shall issue a certificate to a person
167	167	who qualifies for a certificate under this chapter.
168	168	(b) Each roofing contractor who holds a certificate under
169	169	this chapter shall display the certificate number on each contract,
170	170	letterhead, advertisement, or motor vehicle used by the certificate
171	171	holder in providing roofing contracting services in this state.
172	172	Sec. 1306.105. TERM. A certificate is valid for one year
173	173	from the date of issuance.
174	174	Sec. 1306.106. RENEWAL; CONTINUING EDUCATION. (a) To
175	175	renew a certificate, a certificate holder must complete at least
176	176	eight hours of continuing education annually.
177	177	(b) The commission shall recognize, prepare, or administer
178	178	continuing education programs for certificate holders.
179	179	[Sections 1306.107-1306.150 reserved for expansion]
180	180	SUBCHAPTER D. ENFORCEMENT
181	181	Sec. 1306.151. DENIAL, SUSPENSION, OR REVOCATION OF
182	182	CERTIFICATE. (a) A violation of this chapter, a rule adopted under
183	183	this chapter, or an order issued under this chapter is a ground for
184	184	the denial, suspension, or revocation of a certificate and a ground
185	185	for the imposition of an administrative penalty under Subchapter F,
186	186	Chapter 51.
187	187	(b) A conviction of a crime an essential element of which is
188	188	misstatement, fraud, or dishonesty, or of a felony, is a ground for
189	189	denial, suspension, or revocation of a certificate.
190	190	(c) A proceeding for the denial, suspension, or revocation
191	191	of a certificate or an appeal from that proceeding is subject to
192	192	Chapter 2001, Government Code.
193	193	(d) The department may reissue a certificate that has been
194	194	revoked under this section if the certificate holder applies in
195	195	writing to the commission and shows good cause to justify
196	196	reissuance.
197	197	Sec. 1306.152. ENFORCEMENT OF CONTRACTS. (a) A person
198	198	required to register under this chapter who performs roofing
199	199	contracting without holding a certificate issued under this chapter
200	200	may not collect a fee or otherwise enforce a contract for the
201	201	roofing service performed. To enforce a contract for the
202	202	performance of roofing contracting, the person performing the
203	203	service must present proof that the person held a certificate at the
204	204	time the contract was signed and the work was performed.
205	205	(b) The commission shall adopt rules relating to the manner
206	206	in which proof may be presented under this section.
207	207	Sec. 1306.153. OFFENSE; CRIMINAL PENALTY. (a) A person
208	208	commits an offense if the person engages in roofing contracting
209	209	without holding a certificate required under this chapter.
210	210	(b) An offense under this section is a Class C misdemeanor.
211	211	SECTION 2. The Texas Commission of Licensing and Regulation
212	212	shall adopt rules as required by Chapter 1306, Occupations Code, as
213	213	added by this Act, not later than January 1, 2010.
214	214	SECTION 3. Notwithstanding Section 1306.101, Occupations
215	215	Code, as added by this Act, a person is not required to hold a
216	216	certificate of registration to engage in roofing contracting for
217	217	compensation in this state until March 1, 2010.
218	218	SECTION 4. (a) Except as provided by Subsection (b) of this
219	219	section, this Act takes effect September 1, 2009.
220	220	(b) Section 1306.101, Occupations Code, and Subchapter D,
221	221	Chapter 106, Occupations Code, take effect March 1, 2010.