| 1 | 1 | | 85R13263 TSR-D |
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| 2 | 2 | | By: Capriglione H.B. No. 3293 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the voluntary certification of roofing companies by the |
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| 8 | 8 | | Texas Department of Licensing and Regulation; authorizing fees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 8, Occupations Code, is amended by adding |
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| 11 | 11 | | Chapter 1306 to read as follows: |
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| 12 | 12 | | CHAPTER 1306. ROOFING COMPANIES |
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| 13 | 13 | | Sec. 1306.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Commission" means the Texas Commission of |
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| 15 | 15 | | Licensing and Regulation. |
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| 16 | 16 | | (2) "Department" means the Texas Department of |
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| 17 | 17 | | Licensing and Regulation. |
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| 18 | 18 | | (3) "Executive director" means the executive director |
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| 19 | 19 | | of the department. |
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| 20 | 20 | | (4) "Roofing company" means a business entity that |
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| 21 | 21 | | engages in installing, repairing, replacing, or modifying a roof on |
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| 22 | 22 | | a residence or other building for the public. |
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| 23 | 23 | | Sec. 1306.002. VOLUNTARY CERTIFICATION PROGRAM FOR ROOFING |
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| 24 | 24 | | COMPANIES; EXEMPTION. (a) The commission by rule shall develop a |
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| 25 | 25 | | voluntary certification program for roofing companies under this |
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| 26 | 26 | | chapter. |
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| 27 | 27 | | (b) A roofing company that holds a certificate issued under |
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| 28 | 28 | | this chapter may advertise that the company is certified by the |
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| 29 | 29 | | state. |
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| 30 | 30 | | (c) A person who performs roofing services for the new |
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| 31 | 31 | | construction or remodeling of a commercial or residential structure |
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| 32 | 32 | | is exempt from this chapter. |
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| 33 | 33 | | Sec. 1306.003. FEES. The commission may establish |
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| 34 | 34 | | reasonable and necessary fees in amounts sufficient for the |
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| 35 | 35 | | administration of this chapter. |
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| 36 | 36 | | Sec. 1306.004. CERTIFICATE; EXPIRATION. (a) The executive |
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| 37 | 37 | | director may issue a certificate to a roofing company that meets the |
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| 38 | 38 | | requirements of Section 1306.005. |
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| 39 | 39 | | (b) A certificate issued under this chapter expires on the |
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| 40 | 40 | | first anniversary of the date the certificate is issued. |
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| 41 | 41 | | Sec. 1306.005. APPLICATION. (a) An applicant for a roofing |
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| 42 | 42 | | company certificate must submit an application to the department on |
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| 43 | 43 | | a form prescribed by the executive director. |
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| 44 | 44 | | (b) The application must be accompanied by: |
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| 45 | 45 | | (1) proof of the roofing company's existence and |
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| 46 | 46 | | authority to conduct business in this state under a certificate of |
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| 47 | 47 | | status issued by the secretary of state; |
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| 48 | 48 | | (2) proof of general liability insurance coverage as |
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| 49 | 49 | | required by the commission; and |
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| 50 | 50 | | (3) the application fee. |
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| 51 | 51 | | Sec. 1306.006. RENEWAL OF CERTIFICATE. (a) To renew a |
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| 52 | 52 | | certificate, a person must submit an application for renewal to the |
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| 53 | 53 | | department on a form prescribed by the executive director. |
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| 54 | 54 | | (b) The application must be accompanied by: |
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| 55 | 55 | | (1) proof that the applicant's right to transact |
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| 56 | 56 | | business in this state is intact under a certificate of status |
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| 57 | 57 | | issued by the secretary of state; |
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| 58 | 58 | | (2) proof that the applicant's required insurance |
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| 59 | 59 | | coverage is current; and |
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| 60 | 60 | | (3) the renewal fee. |
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| 61 | 61 | | Sec. 1306.007. REVOCATION OF CERTIFICATE. (a) The |
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| 62 | 62 | | department shall revoke the certificate issued by the department |
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| 63 | 63 | | under this chapter if the department determines that: |
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| 64 | 64 | | (1) the certificate holder's right to transact |
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| 65 | 65 | | business in this state under a certificate of status issued by the |
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| 66 | 66 | | secretary of state has terminated; or |
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| 67 | 67 | | (2) the certificate holder has failed to maintain |
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| 68 | 68 | | insurance required under this chapter. |
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| 69 | 69 | | (b) Section 51.354 applies to the revocation of a |
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| 70 | 70 | | certificate under this chapter. |
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| 71 | 71 | | Sec. 1306.008. DECEPTIVE TRADE PRACTICE. A roofing company |
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| 72 | 72 | | that advertises that the company is certified by the state commits a |
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| 73 | 73 | | false, misleading, or deceptive act or practice within the meaning |
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| 74 | 74 | | of Section 17.46, Business & Commerce Code, if: |
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| 75 | 75 | | (1) the roofing company does not hold a current |
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| 76 | 76 | | certificate issued under this chapter; or |
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| 77 | 77 | | (2) the roofing company's certificate issued under |
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| 78 | 78 | | this chapter was revoked. |
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| 79 | 79 | | SECTION 2. The Texas Commission of Licensing and Regulation |
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| 80 | 80 | | shall adopt rules necessary to implement Chapter 1306, Occupations |
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| 81 | 81 | | Code, as added by this Act, on or before January 1, 2018. |
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| 82 | 82 | | SECTION 3. The Texas Department of Licensing and Regulation |
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| 83 | 83 | | may issue a certificate under Chapter 1306, Occupations Code, as |
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| 84 | 84 | | added by this Act, on or after March 1, 2018. |
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| 85 | 85 | | SECTION 4. (a) Except as provided by Subsection (b) of this |
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| 86 | 86 | | section, this Act takes effect September 1, 2017. |
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| 87 | 87 | | (b) Section 1306.008, Occupations Code, as added by this |
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| 88 | 88 | | Act, takes effect March 1, 2018. |
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