Texas 2011 - 82nd Regular

Texas House Bill HB1853 Compare Versions

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1	1	82R12468 TRH-D
2	2	By: Hamilton H.B. No. 1853
3	3	Substitute the following for H.B. No. 1853:
4	4	By: Thompson C.S.H.B. No. 1853
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of certain employees of
10	10	fire protection sprinkler system contractors; providing a penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 6003.001, Insurance Code, is amended by
13	13	amending Subdivisions (1) and (6) and adding Subdivisions (1-a),
14	14	(2-a), (2-b), and (12) to read as follows:
15	15	(1) "Dwelling technician license" means a license
16	16	authorizing a fire protection sprinkler technician to install,
17	17	service, or maintain a fire protection sprinkler system located in
18	18	a one-family or two-family residence.
19	19	(1-a) "Fire protection sprinkler system" means an
20	20	assembly of underground or overhead piping or conduits that conveys
21	21	water with or without other agents to dispersal openings or devices
22	22	to:
23	23	(A) extinguish, control, or contain fire; and
24	24	(B) provide protection from exposure to fire or
25	25	the products of combustion.
26	26	(2-a) "Fire protection sprinkler technician" means a
27	27	person who installs, services, or maintains a fire protection
28	28	sprinkler system or any part of the system as an employee of a fire
29	29	protection sprinkler system contractor.
30	30	(2-b) "General technician license" means a license
31	31	authorizing a fire protection sprinkler technician to install,
32	32	service, or maintain any fire protection sprinkler system.
33	33	(6) "License" means the document issued to a
34	34	responsible managing employee or a fire protection sprinkler
35	35	technician authorizing the employee or technician to engage in the
36	36	fire protection sprinkler system business in this state.
37	37	(12) "Underground fire main technician license" means
38	38	a license authorizing a fire protection sprinkler technician to
39	39	install, service, or maintain an assembly of underground piping or
40	40	conduits that convey water, with or without other agents, as part of
41	41	a fire protection sprinkler system.
42	42	SECTION 2. Subchapter A, Chapter 6003, Insurance Code, is
43	43	amended by adding Section 6003.004 to read as follows:
44	44	Sec. 6003.004. PERSONAL INFORMATION CONFIDENTIAL. The home
45	45	address, home telephone number, driver's license number, and social
46	46	security number of a license holder or an applicant for a license
47	47	under this chapter are confidential and are not subject to
48	48	disclosure under Chapter 552, Government Code.
49	49	SECTION 3. Section 6003.052(b), Insurance Code, is amended
50	50	to read as follows:
51	51	(b) Under rules adopted under Section 6003.051(b), the
52	52	department:
53	53	(1) may create a specialized licensing or registration
54	54	program for fire protection sprinkler system contractors; and
55	55	(2) shall create a specialized licensing program for
56	56	fire protection sprinkler technicians.
57	57	SECTION 4. Sections 6003.055(a) and (b), Insurance Code,
58	58	are amended to read as follows:
59	59	(a) The commissioner shall set the fee for:
60	60	(1) a registration certificate application in an
61	61	amount not to exceed $100;
62	62	(2) an initial or renewal registration certificate in
63	63	an amount not to exceed $1,200 annually; and
64	64	(3) an initial or renewal [responsible managing
65	65	employee] license fee in an amount not to exceed $200 annually.
66	66	(b) Unless the examination for a [responsible managing
67	67	employee] license is administered by a testing service, the
68	68	commissioner shall set a nonrefundable fee for each examination in
69	69	an amount not to exceed $100.
70	70	SECTION 5. Section 6003.156(a), Insurance Code, is amended
71	71	to read as follows:
72	72	(a) The state fire marshal shall establish the scope and
73	73	type of an examination required by this chapter. The state fire
74	74	marshal shall develop the examinations required under Section
75	75	6003.162 based on the most recent applicable guidelines published
76	76	by the National Fire Protection Association.
77	77	SECTION 6. Section 6003.158(b), Insurance Code, is amended
78	78	to read as follows:
79	79	(b) A person who holds a license issued under Section
80	80	6003.153 or 6003.162 must annually complete at least eight hours of
81	81	continuing education in accordance with commissioner rules.
82	82	[Participation in the continuing education programs is voluntary.]
83	83	SECTION 7. Section 6003.159, Insurance Code, is amended to
84	84	read as follows:
85	85	Sec. 6003.159. RECIPROCAL LICENSE. The department shall
86	86	[may] waive any license requirement for an applicant who holds a
87	87	license issued by another state if the other state:
88	88	(1) [that] has license requirements substantially
89	89	equivalent to the license requirements of this state; and
90	90	(2) has a reciprocal license statute that is
91	91	substantially equivalent to this section for individuals licensed
92	92	in this state.
93	93	SECTION 8. Section 6003.160, Insurance Code, is amended to
94	94	read as follows:
95	95	Sec. 6003.160. LICENSE NOT TRANSFERABLE; SINGLE EMPLOYER
96	96	REQUIRED. (a) A registration certificate or license issued under
97	97	this chapter is not transferable.
98	98	(b) An individual who holds a license issued under Section
99	99	6003.153 or 6003.162:
100	100	(1) may not install, service, or maintain a fire
101	101	protection sprinkler system unless the license holder is employed
102	102	by a fire protection sprinkler system contractor; and
103	103	(2) may not be employed by more than one fire
104	104	protection sprinkler system contractor at the same time.
105	105	SECTION 9. Subchapter D, Chapter 6003, Insurance Code, is
106	106	amended by adding Sections 6003.161, 6003.162, and 6003.163 to read
107	107	as follows:
108	108	Sec. 6003.161. FIRE PROTECTION SPRINKLER TECHNICIAN:
109	109	LICENSE OR SUPERVISION REQUIRED. (a) An individual may not act as
110	110	a fire protection sprinkler technician unless the individual holds
111	111	a license issued by the department under Section 6003.153 or
112	112	6003.162, or is directly supervised by an individual who holds a
113	113	license issued by the department under Section 6003.153 or
114	114	6003.162. An individual may install, service, or maintain only the
115	115	type of fire protection sprinkler systems for which the
116	116	individual's license or the individual's direct supervisor's
117	117	license has been issued under this chapter.
118	118	(b) An individual may not use the term "licensed fire
119	119	protection sprinkler technician" in the person's contracts or
120	120	advertising materials unless the individual holds a license issued
121	121	under Section 6003.162.
122	122	Sec. 6003.162. FIRE PROTECTION SPRINKLER TECHNICIAN
123	123	LICENSES. (a) The department shall issue a general technician
124	124	license to an applicant:
125	125	(1) who has completed 8,000 hours of an apprenticeship
126	126	program certified by the United States Department of Labor for the
127	127	inspection, service, and maintenance of fire protection sprinkler
128	128	systems;
129	129	(2) who:
130	130	(A) has 8,000 hours of experience installing,
131	131	servicing, or maintaining fire protection sprinkler systems; and
132	132	(B) passes the department's general technician
133	133	license examination; or
134	134	(3) who:
135	135	(A) has 6,000 hours of experience installing,
136	136	servicing, or maintaining fire protection sprinkler systems; and
137	137	(B) passes the National Institute for
138	138	Certification in Engineering Technologies, Level II test for
139	139	inspection and testing of water-based systems.
140	140	(b) The department shall issue a dwelling technician
141	141	license to an applicant who:
142	142	(1) has 4,000 hours of experience installing,
143	143	servicing, or maintaining fire protection sprinkler systems within
144	144	the scope of a dwelling technician license; and
145	145	(2) passes the department's dwelling technician
146	146	license examination.
147	147	(c) The department shall issue an underground fire main
148	148	technician license to an applicant who:
149	149	(1) has 4,000 hours of experience installing,
150	150	servicing, or maintaining fire protection sprinkler systems within
151	151	the scope of an underground fire main technician license; and
152	152	(2) passes the department's underground fire main
153	153	technician license examination.
154	154	(d) A license issued under this section must be conditioned
155	155	on the successful completion of the applicable license examination
156	156	and compliance with the requirements of any applicable rules
157	157	adopted under this chapter.
158	158	Sec. 6003.163. PRESENCE OF LICENSE HOLDER REQUIRED. Each
159	159	fire protection sprinkler system contractor shall ensure that at
160	160	least one person who holds a license issued under Section 6003.153
161	161	or 6003.162 is present at a location where a fire protection
162	162	sprinkler system is being installed, maintained, repaired, or
163	163	tested by an employee of the fire protection sprinkler system
164	164	contractor.
165	165	SECTION 10. Section 6003.301(a), Insurance Code, is amended
166	166	to read as follows:
167	167	(a) A person commits an offense if the person knowingly
168	168	violates Section 6003.151(a), 6003.153, 6003.161, or 6003.251.
169	169	SECTION 11. (a) As soon as possible after the effective
170	170	date of this Act, and not later than September 1, 2012, the
171	171	commissioner of insurance and the state fire marshal shall adopt
172	172	the rules and establish the procedures and examination requirements
173	173	necessary to implement the licensing of fire protection sprinkler
174	174	technicians under Chapter 6003, Insurance Code, as amended by this
175	175	Act.
176	176	(b) A fire protection sprinkler technician is not required
177	177	to hold a license under Section 6003.161, Insurance Code, as added
178	178	by this Act, before September 1, 2013.
179	179	SECTION 12. Notwithstanding Sections 6003.161 and
180	180	6003.162, Insurance Code, as added by this Act, the Texas
181	181	Department of Insurance shall issue a license to a qualified
182	182	applicant under this section who:
183	183	(1) applies for a license under Chapter 6003,
184	184	Insurance Code, as amended by this Act, not later than September 1,
185	185	2013;
186	186	(2) submits to the department the information required
187	187	by department rule;
188	188	(3) submits to the department the job description of
189	189	the position the applicant most recently performed and a sworn
190	190	statement by the applicant's employer attesting to the applicant's
191	191	job description;
192	192	(4) has at least the number of hours of experience
193	193	required by Section 6003.162, Insurance Code, as added by this Act,
194	194	for the applicable license for which the applicant is applying; and
195	195	(5) pays the application and licensing fee.
196	196	SECTION 13. This Act takes effect September 1, 2011.