Texas 2011 - 82nd Regular

Texas Senate Bill SB1748 Compare Versions

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1	1	By: Gallegos S.B. No. 1748
2	2	(In the Senate - Filed March 11, 2011; March 23, 2011, read
3	3	first time and referred to Committee on Business and Commerce;
4	4	April 11, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 1; April 11, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1748 By: Eltife
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the licensing and regulation of certain employees of
13	13	fire protection sprinkler system contractors; providing a penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 6003.001, Insurance Code, is amended by
16	16	amending Subdivisions (1) and (6) and adding Subdivisions (1-a),
17	17	(2-a), (2-b), and (12) to read as follows:
18	18	(1) "Dwelling technician license" means a license
19	19	authorizing a fire protection sprinkler technician to install,
20	20	service, or maintain a fire protection sprinkler system located in
21	21	a one-family or two-family residence.
22	22	(1-a) "Fire protection sprinkler system" means an
23	23	assembly of underground or overhead piping or conduits that conveys
24	24	water with or without other agents to dispersal openings or devices
25	25	to:
26	26	(A) extinguish, control, or contain fire; and
27	27	(B) provide protection from exposure to fire or
28	28	the products of combustion.
29	29	(2-a) "Fire protection sprinkler technician" means a
30	30	person who installs, services, or maintains a fire protection
31	31	sprinkler system or any part of the system as an employee of a fire
32	32	protection sprinkler system contractor.
33	33	(2-b) "General technician license" means a license
34	34	authorizing a fire protection sprinkler technician to install,
35	35	service, or maintain any fire protection sprinkler system.
36	36	(6) "License" means the document issued to a
37	37	responsible managing employee or a fire protection sprinkler
38	38	technician authorizing the employee or technician to engage in the
39	39	fire protection sprinkler system business in this state.
40	40	(12) "Underground fire main technician license" means
41	41	a license authorizing a fire protection sprinkler technician to
42	42	install, service, or maintain an assembly of underground piping or
43	43	conduits that convey water, with or without other agents, as part of
44	44	a fire protection sprinkler system.
45	45	SECTION 2. Subchapter A, Chapter 6003, Insurance Code, is
46	46	amended by adding Section 6003.004 to read as follows:
47	47	Sec. 6003.004. PERSONAL INFORMATION CONFIDENTIAL. The home
48	48	address, home telephone number, driver's license number, and social
49	49	security number of a license holder or an applicant for a license
50	50	under this chapter are confidential and are not subject to
51	51	disclosure under Chapter 552, Government Code.
52	52	SECTION 3. Subsection (b), Section 6003.052, Insurance
53	53	Code, is amended to read as follows:
54	54	(b) Under rules adopted under Section 6003.051(b), the
55	55	department:
56	56	(1) may create a specialized licensing or registration
57	57	program for fire protection sprinkler system contractors; and
58	58	(2) shall create a specialized licensing program for
59	59	fire protection sprinkler technicians.
60	60	SECTION 4. Subsections (a) and (b), Section 6003.055,
61	61	Insurance Code, are amended to read as follows:
62	62	(a) The commissioner shall set the fee for:
63	63	(1) a registration certificate application in an
64	64	amount not to exceed $100;
65	65	(2) an initial or renewal registration certificate in
66	66	an amount not to exceed $1,200 annually; and
67	67	(3) an initial or renewal [responsible managing
68	68	employee] license fee in an amount not to exceed $200 annually.
69	69	(b) Unless the examination for a [responsible managing
70	70	employee] license is administered by a testing service, the
71	71	commissioner shall set a nonrefundable fee for each examination in
72	72	an amount not to exceed $100.
73	73	SECTION 5. Subsection (a), Section 6003.156, Insurance
74	74	Code, is amended to read as follows:
75	75	(a) The state fire marshal shall establish the scope and
76	76	type of an examination required by this chapter. The state fire
77	77	marshal shall develop the examinations required under Section
78	78	6003.162 based on the most recent applicable guidelines published
79	79	by the National Fire Protection Association.
80	80	SECTION 6. Subsection (b), Section 6003.158, Insurance
81	81	Code, is amended to read as follows:
82	82	(b) A person who holds a license issued under Section
83	83	6003.153 or 6003.162 must annually complete at least eight hours of
84	84	continuing education in accordance with commissioner rules
85	85	[Participation in the continuing education programs is voluntary].
86	86	SECTION 7. Section 6003.159, Insurance Code, is amended to
87	87	read as follows:
88	88	Sec. 6003.159. RECIPROCAL LICENSE. The department shall
89	89	[may] waive any license requirement for an applicant who holds a
90	90	license issued by another state if the other state:
91	91	(1) [that] has license requirements substantially
92	92	equivalent to the license requirements of this state; and
93	93	(2) has a reciprocal license statute that is
94	94	substantially equivalent to this section for individuals licensed
95	95	in this state.
96	96	SECTION 8. Section 6003.160, Insurance Code, is amended to
97	97	read as follows:
98	98	Sec. 6003.160. LICENSE NOT TRANSFERABLE; SINGLE EMPLOYER
99	99	REQUIRED. (a) A registration certificate or license issued under
100	100	this chapter is not transferable.
101	101	(b) An individual who holds a license issued under Section
102	102	6003.153 or 6003.162:
103	103	(1) may not install, service, or maintain a fire
104	104	protection sprinkler system unless the license holder is employed
105	105	by a fire protection sprinkler system contractor; and
106	106	(2) may not be employed by more than one fire
107	107	protection sprinkler system contractor at the same time.
108	108	SECTION 9. Subchapter D, Chapter 6003, Insurance Code, is
109	109	amended by adding Sections 6003.161, 6003.162, and 6003.163 to read
110	110	as follows:
111	111	Sec. 6003.161. FIRE PROTECTION SPRINKLER TECHNICIAN:
112	112	LICENSE OR SUPERVISION REQUIRED. (a) An individual may not act as
113	113	a fire protection sprinkler technician unless the individual holds
114	114	a license issued by the department under Section 6003.153 or
115	115	6003.162, or is directly supervised by an individual who holds a
116	116	license issued by the department under Section 6003.153 or
117	117	6003.162. An individual may install, service, or maintain only the
118	118	type of fire protection sprinkler systems for which the
119	119	individual's license or the individual's direct supervisor's
120	120	license has been issued under this chapter.
121	121	(b) An individual may not use the term "licensed fire
122	122	protection sprinkler technician" in the person's contracts or
123	123	advertising materials unless the individual holds a license issued
124	124	under Section 6003.162.
125	125	Sec. 6003.162. FIRE PROTECTION SPRINKLER TECHNICIAN
126	126	LICENSES. (a) The department shall issue a general technician
127	127	license to an applicant:
128	128	(1) who has completed 8,000 hours of an apprenticeship
129	129	program certified by the United States Department of Labor for the
130	130	inspection, service, and maintenance of fire protection sprinkler
131	131	systems;
132	132	(2) who:
133	133	(A) has 8,000 hours of experience installing,
134	134	servicing, or maintaining fire protection sprinkler systems; and
135	135	(B) passes the department's general technician
136	136	license examination; or
137	137	(3) who:
138	138	(A) has 6,000 hours of experience installing,
139	139	servicing, or maintaining fire protection sprinkler systems; and
140	140	(B) passes the National Institute for
141	141	Certification in Engineering Technologies, Level II test for
142	142	inspection and testing of water-based systems.
143	143	(b) The department shall issue a dwelling technician
144	144	license to an applicant who:
145	145	(1) has 4,000 hours of experience installing,
146	146	servicing, or maintaining fire protection sprinkler systems within
147	147	the scope of a dwelling technician license; and
148	148	(2) passes the department's dwelling technician
149	149	license examination.
150	150	(c) The department shall issue an underground fire main
151	151	technician license to an applicant who:
152	152	(1) has 4,000 hours of experience installing,
153	153	servicing, or maintaining fire protection sprinkler systems within
154	154	the scope of an underground fire main technician license; and
155	155	(2) passes the department's underground fire main
156	156	technician license examination.
157	157	(d) A license issued under this section must be conditioned
158	158	on the successful completion of the applicable license examination
159	159	and compliance with the requirements of any applicable rules
160	160	adopted under this chapter.
161	161	Sec. 6003.163. PRESENCE OF LICENSE HOLDER REQUIRED. Each
162	162	fire protection sprinkler system contractor shall ensure that at
163	163	least one person who holds a license issued under Section 6003.153
164	164	or 6003.162 is present at a location where a fire protection
165	165	sprinkler system is being installed, maintained, repaired, or
166	166	tested by an employee of the fire protection sprinkler system
167	167	contractor.
168	168	SECTION 10. Subsection (a), Section 6003.301, Insurance
169	169	Code, is amended to read as follows:
170	170	(a) A person commits an offense if the person knowingly
171	171	violates Section 6003.151(a), 6003.153, 6003.161, or 6003.251.
172	172	SECTION 11. (a) As soon as possible after the effective
173	173	date of this Act, and not later than September 1, 2012, the
174	174	commissioner of insurance and the state fire marshal shall adopt
175	175	the rules and establish the procedures and examination requirements
176	176	necessary to implement the licensing of fire protection sprinkler
177	177	technicians under Chapter 6003, Insurance Code, as amended by this
178	178	Act.
179	179	(b) A fire protection sprinkler technician is not required
180	180	to hold a license under Section 6003.161, Insurance Code, as added
181	181	by this Act, before September 1, 2013.
182	182	SECTION 12. Notwithstanding Sections 6003.161 and
183	183	6003.162, Insurance Code, as added by this Act, the Texas
184	184	Department of Insurance shall issue a license to a qualified
185	185	applicant under this section who:
186	186	(1) applies for a license under Chapter 6003,
187	187	Insurance Code, as amended by this Act, not later than September 1,
188	188	2013;
189	189	(2) submits to the department the information required
190	190	by department rule;
191	191	(3) submits to the department the job description of
192	192	the position the applicant most recently performed and a sworn
193	193	statement by the applicant's employer attesting to the applicant's
194	194	job description;
195	195	(4) has at least the number of hours of experience
196	196	required by Section 6003.162, Insurance Code, as added by this Act,
197	197	for the applicable license for which the applicant is applying; and
198	198	(5) pays the application and licensing fee.
199	199	SECTION 13. This Act takes effect September 1, 2011.
200	200	* * * * *