81R9834 YDB-F
By: Hamilton H.B. No. 1971
A BILL TO BE ENTITLED
AN ACT
relating to regulation of fire protection sprinkler technicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6003.001, Insurance Code, is amended by
adding Subdivision (1-a) and amending Subdivision (6) to read as
follows:
(1-a) "Fire protection sprinkler technician" means a
person who installs, alters, maintains, or services a fire
protection sprinkler system or any part of the system as an employee
of a fire protection sprinkler system contractor.
(6) "License" means the document issued to a
responsible managing employee or a fire protection sprinkler
technician authorizing the employee or technician to engage in the
fire protection sprinkler system business in this state.
SECTION 2. Section 6003.052(b), Insurance Code, is amended
to read as follows:
(b) Under rules adopted under Section 6003.051(b), the
department shall operate [may create] a specialized licensing or
registration program for:
(1) fire protection sprinkler system contractors; and
(2) fire protection sprinkler technicians.
SECTION 3. Section 6003.055, Insurance Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) The commissioner shall set the fee for:
(1) a registration certificate application in an
amount not to exceed $100;
(2) an initial or renewal registration certificate in
an amount not to exceed $1,200 annually; [and]
(3) an initial or renewal responsible managing
employee license fee in an amount not to exceed $200 annually; and
(4) a renewal fire protection sprinkler technician fee
of $30.
(c) Except as provided by Subsection (d), the [The]
commissioner shall set a fee in an amount not to exceed $70 for:
(1) a duplicate registration certificate or license
issued under this chapter; or
(2) any request requiring changes to a registration
certificate or license.
(d) The commissioner shall charge a fee of $30 for:
(1) a duplicate fire protection sprinkler technician
license issued under this chapter; or
(2) any request requiring changes to a fire protection
sprinkler technician license.
SECTION 4. Subchapter D, Chapter 6003, Insurance Code, is
amended by adding Section 6003.1535 to read as follows:
Sec. 6003.1535. FIRE PROTECTION SPRINKLER TECHNICIAN:
LICENSE REQUIRED. (a) Each fire protection sprinkler system
contractor must have at least one licensed fire protection
sprinkler technician on each job site to perform the work of
installing, altering, maintaining, or servicing a fire protection
sprinkler system that requires a license under this chapter.
(b) A person may not install, alter, maintain, or service a
fire protection sprinkler system unless the person:
(1) is licensed under this chapter or is working under
the direct supervision of a person licensed under this chapter; and
(2) is performing the activity as an employee of a
licensed fire protection sprinkler system contractor.
(c) The department shall issue a fire protection sprinkler
technician license conditioned on the applicant's successful
completion of the required examination. Each applicant for a fire
protection sprinkler technician license must submit with the
application:
(1) proof that the applicant holds certification
issued by a certification organization in accordance with
Subsection (e) or by another state with which this state has a
reciprocity agreement in accordance with Subsection (f); and
(2) a nonrefundable application and examination fee of
$30.
(d) Each applicant for a fire protection sprinkler
technician's license is subject to a criminal history check under
Section 411.106, Government Code.
(e) The department, in consultation with the state fire
marshal, shall select to certify fire protection sprinkler
technicians under this chapter a certification organization that:
(1) conducts certification of fire protection
sprinkler system personnel who have successfully completed
training administered by a certification program or institution
recognized by the federal government in the installation of piping
systems that serve for fire protection;
(2) makes certification decisions that are not subject
to approval by any other organization or the membership of an
affiliated organization and operates all financial matters related
to the certification organization's operation separately from the
affiliated organization;
(3) uses reliable testing mechanisms that are
objective, fair, job-related, and based on the applicant's
knowledge and skills necessary to function in the fire protection
sprinkler industry;
(4) establishes scores for successful completion of
certification at a level that protects the public by determining
whether the applicant is sufficiently knowledgeable to install,
repair, alter, maintain, and service fire protection sprinkler
systems that meet applicable code standards; and
(5) publishes and makes available to the public the
procedures used by the organization in examination construction and
validation, the eligibility requirements and determination
procedures, and the procedures for examination administration
including dates, locations, fees, result reporting,
recertification requirements, and grievance or appeals procedures.
(f) The state fire marshal may make an agreement, subject to
approval by the governor, with another state to allow licensing by
reciprocity.
SECTION 5. Section 6003.156, Insurance Code, is amended by
adding Subsections (a-1) and (f) to read as follows:
(a-1) The examination for a fire protection sprinkler
technician must test the applicant's knowledge of the installation,
repair, alteration, maintenance, and service of fire protection
sprinkler systems, in accordance with nationally accepted code
standards approved by the commissioner.
(f) A person who fails the examination for a fire protection
sprinkler technician license may not retake the examination before
the 90th day after the date of the initial examination and must
submit a $30 nonrefundable examination fee for each subsequent
attempt.
SECTION 6. Section 6003.158, Insurance Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as provided by Subsection (c), participation
[Participation] in the continuing education programs is voluntary.
(c) A fire protection sprinkler technician must annually
complete at least eight hours of continuing education in accordance
with commissioner rules.
SECTION 7. Section 6003.201(a), Insurance Code, is amended
to read as follows:
(a) An [Except as otherwise provided by this subsection, an]
initial registration certificate or license is valid for a period
of two years [one year] from the date of issue and is renewable on
payment of the renewal fee. [An initial registration certificate
or license issued on or after September 1, 1983, may be issued for a
period of less than one year and the renewal fee shall be prorated
proportionally.]
SECTION 8. The heading to Subchapter F, Chapter 6003,
Insurance Code, is amended to read as follows:
SUBCHAPTER F. PRACTICE, PROHIBITED PRACTICES, AND DISCIPLINARY
PROCEDURES
SECTION 9. Subchapter F, Chapter 6003, Insurance Code, is
amended by adding Section 6003.2515 to read as follows:
Sec. 6003.2515. IDENTIFICATION CARD. (a) A fire
protection sprinkler technician must carry an identification card
issued by the department while the technician is performing a
service for which licensing is required by this chapter and must
present the card on request. The commissioner by rule shall
prescribe the form and content of the card.
(b) The department shall provide the identification card on
issuance of a fire protection sprinkler technician license or
renewal license.
SECTION 10. (a) Not later than January 1, 2010, the
commissioner of insurance and the state fire marshal shall adopt
the rules and establish the procedures and certification and
examination requirements necessary to implement the licensing of
fire protection sprinkler technicians under Chapter 6003,
Insurance Code, as amended by this Act.
(b) A fire protection sprinkler technician is not required
to hold a license under Chapter 6003, Insurance Code, as amended by
this Act, before July 1, 2010.
SECTION 11. This Act takes effect September 1, 2009.