85R13263 TSR-D
By: Capriglione H.B. No. 3293
A BILL TO BE ENTITLED
AN ACT
relating to the voluntary certification of roofing companies by the
Texas Department of Licensing and Regulation; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 8, Occupations Code, is amended by adding
Chapter 1306 to read as follows:
CHAPTER 1306. ROOFING COMPANIES
Sec. 1306.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Executive director" means the executive director
of the department.
(4) "Roofing company" means a business entity that
engages in installing, repairing, replacing, or modifying a roof on
a residence or other building for the public.
Sec. 1306.002. VOLUNTARY CERTIFICATION PROGRAM FOR ROOFING
COMPANIES; EXEMPTION. (a) The commission by rule shall develop a
voluntary certification program for roofing companies under this
chapter.
(b) A roofing company that holds a certificate issued under
this chapter may advertise that the company is certified by the
state.
(c) A person who performs roofing services for the new
construction or remodeling of a commercial or residential structure
is exempt from this chapter.
Sec. 1306.003. FEES. The commission may establish
reasonable and necessary fees in amounts sufficient for the
administration of this chapter.
Sec. 1306.004. CERTIFICATE; EXPIRATION. (a) The executive
director may issue a certificate to a roofing company that meets the
requirements of Section 1306.005.
(b) A certificate issued under this chapter expires on the
first anniversary of the date the certificate is issued.
Sec. 1306.005. APPLICATION. (a) An applicant for a roofing
company certificate must submit an application to the department on
a form prescribed by the executive director.
(b) The application must be accompanied by:
(1) proof of the roofing company's existence and
authority to conduct business in this state under a certificate of
status issued by the secretary of state;
(2) proof of general liability insurance coverage as
required by the commission; and
(3) the application fee.
Sec. 1306.006. RENEWAL OF CERTIFICATE. (a) To renew a
certificate, a person must submit an application for renewal to the
department on a form prescribed by the executive director.
(b) The application must be accompanied by:
(1) proof that the applicant's right to transact
business in this state is intact under a certificate of status
issued by the secretary of state;
(2) proof that the applicant's required insurance
coverage is current; and
(3) the renewal fee.
Sec. 1306.007. REVOCATION OF CERTIFICATE. (a) The
department shall revoke the certificate issued by the department
under this chapter if the department determines that:
(1) the certificate holder's right to transact
business in this state under a certificate of status issued by the
secretary of state has terminated; or
(2) the certificate holder has failed to maintain
insurance required under this chapter.
(b) Section 51.354 applies to the revocation of a
certificate under this chapter.
Sec. 1306.008. DECEPTIVE TRADE PRACTICE. A roofing company
that advertises that the company is certified by the state commits a
false, misleading, or deceptive act or practice within the meaning
of Section 17.46, Business & Commerce Code, if:
(1) the roofing company does not hold a current
certificate issued under this chapter; or
(2) the roofing company's certificate issued under
this chapter was revoked.
SECTION 2. The Texas Commission of Licensing and Regulation
shall adopt rules necessary to implement Chapter 1306, Occupations
Code, as added by this Act, on or before January 1, 2018.
SECTION 3. The Texas Department of Licensing and Regulation
may issue a certificate under Chapter 1306, Occupations Code, as
added by this Act, on or after March 1, 2018.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2017.
(b) Section 1306.008, Occupations Code, as added by this
Act, takes effect March 1, 2018.