Texas 2009 - 81st Regular

Texas House Bill HB1971 Compare Versions

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

Old	New	Differences
1	1	81R9834 YDB-F
2	2	By: Hamilton H.B. No. 1971
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of fire protection sprinkler technicians.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 6003.001, Insurance Code, is amended by
10	10	adding Subdivision (1-a) and amending Subdivision (6) to read as
11	11	follows:
12	12	(1-a) "Fire protection sprinkler technician" means a
13	13	person who installs, alters, maintains, or services a fire
14	14	protection sprinkler system or any part of the system as an employee
15	15	of a fire protection sprinkler system contractor.
16	16	(6) "License" means the document issued to a
17	17	responsible managing employee or a fire protection sprinkler
18	18	technician authorizing the employee or technician to engage in the
19	19	fire protection sprinkler system business in this state.
20	20	SECTION 2. Section 6003.052(b), Insurance Code, is amended
21	21	to read as follows:
22	22	(b) Under rules adopted under Section 6003.051(b), the
23	23	department shall operate [may create] a specialized licensing or
24	24	registration program for:
25	25	(1) fire protection sprinkler system contractors; and
26	26	(2) fire protection sprinkler technicians.
27	27	SECTION 3. Section 6003.055, Insurance Code, is amended by
28	28	amending Subsections (a) and (c) and adding Subsection (d) to read
29	29	as follows:
30	30	(a) The commissioner shall set the fee for:
31	31	(1) a registration certificate application in an
32	32	amount not to exceed $100;
33	33	(2) an initial or renewal registration certificate in
34	34	an amount not to exceed $1,200 annually; [and]
35	35	(3) an initial or renewal responsible managing
36	36	employee license fee in an amount not to exceed $200 annually; and
37	37	(4) a renewal fire protection sprinkler technician fee
38	38	of $30.
39	39	(c) Except as provided by Subsection (d), the [The]
40	40	commissioner shall set a fee in an amount not to exceed $70 for:
41	41	(1) a duplicate registration certificate or license
42	42	issued under this chapter; or
43	43	(2) any request requiring changes to a registration
44	44	certificate or license.
45	45	(d) The commissioner shall charge a fee of $30 for:
46	46	(1) a duplicate fire protection sprinkler technician
47	47	license issued under this chapter; or
48	48	(2) any request requiring changes to a fire protection
49	49	sprinkler technician license.
50	50	SECTION 4. Subchapter D, Chapter 6003, Insurance Code, is
51	51	amended by adding Section 6003.1535 to read as follows:
52	52	Sec. 6003.1535. FIRE PROTECTION SPRINKLER TECHNICIAN:
53	53	LICENSE REQUIRED. (a) Each fire protection sprinkler system
54	54	contractor must have at least one licensed fire protection
55	55	sprinkler technician on each job site to perform the work of
56	56	installing, altering, maintaining, or servicing a fire protection
57	57	sprinkler system that requires a license under this chapter.
58	58	(b) A person may not install, alter, maintain, or service a
59	59	fire protection sprinkler system unless the person:
60	60	(1) is licensed under this chapter or is working under
61	61	the direct supervision of a person licensed under this chapter; and
62	62	(2) is performing the activity as an employee of a
63	63	licensed fire protection sprinkler system contractor.
64	64	(c) The department shall issue a fire protection sprinkler
65	65	technician license conditioned on the applicant's successful
66	66	completion of the required examination. Each applicant for a fire
67	67	protection sprinkler technician license must submit with the
68	68	application:
69	69	(1) proof that the applicant holds certification
70	70	issued by a certification organization in accordance with
71	71	Subsection (e) or by another state with which this state has a
72	72	reciprocity agreement in accordance with Subsection (f); and
73	73	(2) a nonrefundable application and examination fee of
74	74	$30.
75	75	(d) Each applicant for a fire protection sprinkler
76	76	technician's license is subject to a criminal history check under
77	77	Section 411.106, Government Code.
78	78	(e) The department, in consultation with the state fire
79	79	marshal, shall select to certify fire protection sprinkler
80	80	technicians under this chapter a certification organization that:
81	81	(1) conducts certification of fire protection
82	82	sprinkler system personnel who have successfully completed
83	83	training administered by a certification program or institution
84	84	recognized by the federal government in the installation of piping
85	85	systems that serve for fire protection;
86	86	(2) makes certification decisions that are not subject
87	87	to approval by any other organization or the membership of an
88	88	affiliated organization and operates all financial matters related
89	89	to the certification organization's operation separately from the
90	90	affiliated organization;
91	91	(3) uses reliable testing mechanisms that are
92	92	objective, fair, job-related, and based on the applicant's
93	93	knowledge and skills necessary to function in the fire protection
94	94	sprinkler industry;
95	95	(4) establishes scores for successful completion of
96	96	certification at a level that protects the public by determining
97	97	whether the applicant is sufficiently knowledgeable to install,
98	98	repair, alter, maintain, and service fire protection sprinkler
99	99	systems that meet applicable code standards; and
100	100	(5) publishes and makes available to the public the
101	101	procedures used by the organization in examination construction and
102	102	validation, the eligibility requirements and determination
103	103	procedures, and the procedures for examination administration
104	104	including dates, locations, fees, result reporting,
105	105	recertification requirements, and grievance or appeals procedures.
106	106	(f) The state fire marshal may make an agreement, subject to
107	107	approval by the governor, with another state to allow licensing by
108	108	reciprocity.
109	109	SECTION 5. Section 6003.156, Insurance Code, is amended by
110	110	adding Subsections (a-1) and (f) to read as follows:
111	111	(a-1) The examination for a fire protection sprinkler
112	112	technician must test the applicant's knowledge of the installation,
113	113	repair, alteration, maintenance, and service of fire protection
114	114	sprinkler systems, in accordance with nationally accepted code
115	115	standards approved by the commissioner.
116	116	(f) A person who fails the examination for a fire protection
117	117	sprinkler technician license may not retake the examination before
118	118	the 90th day after the date of the initial examination and must
119	119	submit a $30 nonrefundable examination fee for each subsequent
120	120	attempt.
121	121	SECTION 6. Section 6003.158, Insurance Code, is amended by
122	122	amending Subsection (b) and adding Subsection (c) to read as
123	123	follows:
124	124	(b) Except as provided by Subsection (c), participation
125	125	[Participation] in the continuing education programs is voluntary.
126	126	(c) A fire protection sprinkler technician must annually
127	127	complete at least eight hours of continuing education in accordance
128	128	with commissioner rules.
129	129	SECTION 7. Section 6003.201(a), Insurance Code, is amended
130	130	to read as follows:
131	131	(a) An [Except as otherwise provided by this subsection, an]
132	132	initial registration certificate or license is valid for a period
133	133	of two years [one year] from the date of issue and is renewable on
134	134	payment of the renewal fee. [An initial registration certificate
135	135	or license issued on or after September 1, 1983, may be issued for a
136	136	period of less than one year and the renewal fee shall be prorated
137	137	proportionally.]
138	138	SECTION 8. The heading to Subchapter F, Chapter 6003,
139	139	Insurance Code, is amended to read as follows:
140	140	SUBCHAPTER F. PRACTICE, PROHIBITED PRACTICES, AND DISCIPLINARY
141	141	PROCEDURES
142	142	SECTION 9. Subchapter F, Chapter 6003, Insurance Code, is
143	143	amended by adding Section 6003.2515 to read as follows:
144	144	Sec. 6003.2515. IDENTIFICATION CARD. (a) A fire
145	145	protection sprinkler technician must carry an identification card
146	146	issued by the department while the technician is performing a
147	147	service for which licensing is required by this chapter and must
148	148	present the card on request. The commissioner by rule shall
149	149	prescribe the form and content of the card.
150	150	(b) The department shall provide the identification card on
151	151	issuance of a fire protection sprinkler technician license or
152	152	renewal license.
153	153	SECTION 10. (a) Not later than January 1, 2010, the
154	154	commissioner of insurance and the state fire marshal shall adopt
155	155	the rules and establish the procedures and certification and
156	156	examination requirements necessary to implement the licensing of
157	157	fire protection sprinkler technicians under Chapter 6003,
158	158	Insurance Code, as amended by this Act.
159	159	(b) A fire protection sprinkler technician is not required
160	160	to hold a license under Chapter 6003, Insurance Code, as amended by
161	161	this Act, before July 1, 2010.
162	162	SECTION 11. This Act takes effect September 1, 2009.