Texas 2019 - 86th Regular

Texas House Bill HB4226 Compare Versions

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1	1	By: Nevárez H.B. No. 4226
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Trades Board of the State of Texas;
7	7	the licensure and regulation of plumbers, electricians, and air
8	8	conditioning and refrigeration contractors; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 8, Occupations Code, is amended by adding
11	11	Chapter 1306 to read as follows:
12	12	CHAPTER 1306. REGULATION AND LICENSING OF PLUMBERS, ELECTRICIANS,
13	13	AND AIR CONDITIONING AND REFRIGERATION CONTRACTORS
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 1306.001. SHORT TITLE. This chapter may be cited as
16	16	the Texas Trades Board Law.
17	17	Sec. 1306.002. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the Trades Board for the State of
19	19	Texas.
20	20	(2) "Executive director" means the executive director
21	21	of the Trades Board for the State of Texas.
22	22	Sec. 1306.003. APPLICATION OF SUNSET ACT. The Trades Board
23	23	for the State of Texas is subject to Chapter 325, Government Code
24	24	(Texas Sunset Act). Unless continued in existence as provided by
25	25	that chapter, the board is abolished and this chapter expires
26	26	September 1, 2031.
27	27	Sec. 1306.004. NONAPPLICABILITY OF LAW GOVERNING
28	28	CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided
29	29	by this section, Chapter 601, Business & Commerce Code, does not
30	30	apply to a good or service provided by a license holder under this
31	31	chapter if the transaction involving the good or service is
32	32	initiated by the consumer. Chapter 601, Business & Commerce Code,
33	33	does apply to a transaction that involves a breach of express
34	34	warranty or a negligent installation in violation of a building
35	35	code applicable to the good or service sold to the consumer.
36	36	SUBCHAPTER B. TRADES BOARD OF THE STATE OF TEXAS
37	37	Sec. 1306.10. TRADES BOARD OF THE STATE OF TEXAS. (a) The
38	38	Trades Board of the State Of Texas consists of nine members
39	39	appointed by the governor with the advice and consent of the senate
40	40	as follows:
41	41	(1) one member who has at least 10 years' practical
42	42	experience and is licensed as a master plumber;
43	43	(2) one member who has at least five years' practical
44	44	experience and is licensed as a journeyman plumber;
45	45	(3) one member who has at least five years' practical
46	46	experience and is licensed as a plumbing inspector;
47	47	(4) one master electrician member;
48	48	(5) one journeyman electrician;
49	49	(6) one master sign electrician member;
50	50	(7) one must be a full-time licensed air conditioning
51	51	and refrigeration contractor who holds a Class A license and
52	52	practices in a municipality with a population of more than 250,000;
53	53	(8) one member must be a full-time licensed air
54	54	conditioning and refrigeration contractor who holds a Class B
55	55	license and practices in a municipality with a population of more
56	56	than 250,000; and
57	57	(9) one member who holds a license of any
58	58	classification under this chapter, is principally engaged in air
59	59	conditioning and refrigeration contracting, and practices in a
60	60	municipality with a population of not more than 25,000.
61	61	(b) Each member of the board must be a United States
62	62	citizen.
63	63	(c) Appointments to the board shall be made without regard
64	64	to the race, color, disability, sex, religion, age, or national
65	65	origin of the appointee.
66	66	Sec. 1306.11. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
67	67	In this section, "Texas trade association" means a cooperative and
68	68	voluntarily joined statewide association of business or
69	69	professional competitors in this state designed to assist its
70	70	members and its industry or profession in dealing with mutual
71	71	business or professional problems and in promoting their common
72	72	interest.
73	73	(b) A person may not be a member of the board and may not be a
74	74	board employee employed in a "bona fide executive, administrative,
75	75	or professional capacity," as that phrase is used for purposes of
76	76	establishing an exemption to the overtime provisions of the federal
77	77	Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
78	78	and its subsequent amendments, if:
79	79	(1) the person is an officer, employee, or paid
80	80	consultant of a Texas trade association in the field of building
81	81	construction; or
82	82	(2) the person's spouse is an officer, manager, or paid
83	83	consultant of a Texas trade association in the field of building
84	84	construction.
85	85	(c) A person may not be a member of the board or act as the
86	86	general counsel to the board or the agency if the person is required
87	87	to register as a lobbyist under Chapter 305, Government Code,
88	88	because of the person's activities for compensation on behalf of a
89	89	profession related to the operation of the agency.
90	90	Sec. 1306.12. ISSUANCE OF COMMISSION. On presentation of
91	91	the constitutional oath of office and a certificate of appointment,
92	92	the secretary of state shall issue a commission to a board member as
93	93	evidence of the person's authority to act as a board member.
94	94	Sec. 1306.13. GROUNDS FOR REMOVAL. (a) It is a ground for
95	95	removal from the board that a member:
96	96	(1) does not have at the time of taking office the
97	97	qualifications required by this chapter;
98	98	(2) does not maintain during service on the board the
99	99	qualifications required by this chapter;
100	100	(3) is ineligible for membership under Section
101	101	1306.12;
102	102	(4) cannot, because of illness or disability,
103	103	discharge the member's duties for a substantial part of the member's
104	104	term; or
105	105	(5) is absent from more than half of the regularly
106	106	scheduled board meetings that the member is eligible to attend
107	107	during a calendar year without an excuse approved by a majority vote
108	108	of the board.
109	109	(b) The validity of an action of the board is not affected by
110	110	the fact that it is taken when a ground for removal of a board member
111	111	exists.
112	112	(c) If the executive director has knowledge that a potential
113	113	ground for removal exists, the executive director shall notify the
114	114	presiding officer of the board of the potential ground. The
115	115	presiding officer shall then notify the governor and the attorney
116	116	general that a potential ground for removal exists. If the
117	117	potential ground for removal involves the presiding officer, the
118	118	executive director shall notify the next highest ranking officer of
119	119	the board, who shall then notify the governor and the attorney
120	120	general that a potential ground for removal exists.
121	121	Sec. 1306.14. OFFICERS. (a) The governor shall designate a
122	122	member of the board as the presiding officer of the board to serve
123	123	in that capacity at the pleasure of the governor.
124	124	(b) The board shall elect a secretary from its membership.
125	125	Sec. 1306.15. PER DIEM; REIMBURSEMENT. (a) A board member
126	126	may not receive a fixed salary for service on the board.
127	127	(b) A board member is entitled to receive a per diem as set
128	128	by the General Appropriations Act for each day the member engages in
129	129	the business of the board.
130	130	(c) A board member may not receive reimbursement for travel
131	131	expenses, including expenses for meals and lodging, other than
132	132	transportation expenses. A member is entitled to reimbursement for
133	133	transportation expenses as provided by the General Appropriations
134	134	Act.
135	135	Sec. 1306.16. TRAINING. (a) A person who is appointed to
136	136	and qualifies for office as a member of the board may not vote,
137	137	deliberate, or be counted as a member in attendance at a meeting of
138	138	the board until the person completes a training program that
139	139	complies with this section.
140	140	(b) The training program must provide the person with
141	141	information regarding:
142	142	(1) this chapter;
143	143	(2) the programs operated by the agency;
144	144	(3) the role and functions of the agency;
145	145	(4) the rules of the agency, with an emphasis on the
146	146	rules that relate to disciplinary and investigatory authority;
147	147	(5) the current budget for the agency;
148	148	(6) the results of the most recent formal audit of the
149	149	agency;
150	150	(7) the requirements of:
151	151	(A) the open meetings law, Chapter 551,
152	152	Government Code;
153	153	(B) the public information law, Chapter 552,
154	154	Government Code;
155	155	(C) the administrative procedure law, Chapter
156	156	2001, Government Code; and
157	157	(D) other laws relating to public officials,
158	158	including conflict-of-interest laws; and
159	159	(8) any applicable ethics policies adopted by the
160	160	agency or the Texas Ethics Commission.
161	161	(c) A person appointed to the board is entitled to
162	162	reimbursement, as provided by the General Appropriations Act, for
163	163	the travel expenses incurred in attending the training program
164	164	regardless of whether the attendance at the program occurs before
165	165	or after the person qualifies for office.
166	166	SUBCHAPTER C. BOARD POWERS AND DUTIES
167	167	Sec. 1306.20. GENERAL DUTIES OF BOARD. The board shall:
168	168	(1) administer this chapter and chapters 1301, 1302,
169	169	and 1305 of this code;
170	170	(2) adopt and enforce rules necessary to administer
171	171	this chapter and chapters 1301, 1302, and 1305 of this code; and
172	172	(3) keep a record of each proceeding conducted before
173	173	and action taken by the board.
174	174	Sec. 1306.21. RULES RESTRICTING ADVERTISING OR COMPETITIVE
175	175	BIDDING. (a) The board may not adopt a rule restricting advertising
176	176	or competitive bidding by a person licensed under this chapter
177	177	except to prohibit false, misleading, or deceptive practices by the
178	178	person.
179	179	(b) The board may not include in its rules to prohibit
180	180	false, misleading, or deceptive practices a rule that:
181	181	(1) restricts the person's use of any medium for
182	182	advertising;
183	183	(2) restricts the person's personal appearance or use
184	184	of the person's voice in an advertisement;
185	185	(3) relates to the size or duration of an
186	186	advertisement by the person; or
187	187	(4) restricts the person's advertisement under a trade
188	188	name.
189	189	Sec. 1306.22. FEES. The board shall set fees in amounts
190	190	that are reasonable and necessary to cover the cost of
191	191	administering this chapter or chapters 1301, 1302, and 1305 of this
192	192	code.
193	193	Sec. 1306.23. ADOPTION OF PLUMBING CODES. (a) The board
194	194	shall adopt the following plumbing codes, as those codes existed on
195	195	May 31, 2001:
196	196	(1) the Uniform Plumbing Code, as published by the
197	197	International Association of Plumbing and Mechanical Officials;
198	198	and
199	199	(2) the International Plumbing Code, as published by
200	200	the International Code Council.
201	201	(b) The board by rule may adopt later editions of the
202	202	plumbing codes listed in Subsection (a).
203	203	(c) Plumbing installed in an area not otherwise subject to
204	204	regulation under this chapter by a person licensed under this
205	205	chapter must be installed in accordance with a plumbing code
206	206	adopted by the board under Subsection (a) or (b).
207	207	(d) In adopting a code for the design, installation, and
208	208	maintenance of a plumbing system under this section, a municipality
209	209	or an owner of a public water system may amend any provisions of the
210	210	code to conform to local concerns that do not substantially vary
211	211	from board rules or other rules of this state.
212	212	(e) Plumbing installed in compliance with a code adopted
213	213	under Subsection (a), (b), or (d) must be inspected by a plumbing
214	214	inspector. To perform the inspection, the political subdivision
215	215	may contract with any plumbing inspector or qualified plumbing
216	216	inspection business, as determined by the political subdivision,
217	217	that is paid directly by the political subdivision.
218	218	Sec. 1306.24. GENERAL POWERS AND DUTIES PERTAINING TO
219	219	ELECTRICIANS. (a) The executive director or the board, as
220	220	appropriate, shall:
221	221	(1) by rule establish the financial responsibility
222	222	requirements for electrical contractors; and
223	223	(2) after publication of the National Electrical Code
224	224	by the National Fire Protection Association every three years,
225	225	adopt the revised National Electrical Code as the electrical code
226	226	for the state.
227	227	(b) The executive director or the board, as appropriate,
228	228	may:
229	229	(1) establish reciprocity agreements with other
230	230	states that have licensing requirements substantially equivalent
231	231	to the requirements of this chapter or chapter 1305 of this code;
232	232	and
233	233	(2) take other action as necessary to administer and
234	234	enforce this chapter and chapter 1305 of this code.
235	235	Sec. 1306.25. RULES. (a) The board shall adopt rules for
236	236	the licensing of electricians, sign electricians, electrical sign
237	237	contractors, electrical contractors, journeyman industrial
238	238	electricians, journeyman linemen, residential appliance
239	239	installers, and residential appliance installation contractors as
240	240	prescribed by this chapter.
241	241	(b) The executive director by rule shall prescribe
242	242	descriptions of the types of activities that may be performed by
243	243	each class of license holder under this chapter.
244	244	(c) The executive director by rule shall adopt standards of
245	245	conduct requirements for license holders under this chapter.
246	246	(d) The board may adopt rules regarding the registration of
247	247	apprenticeship training programs and to require registered
248	248	programs to report the names of persons enrolled in the programs.
249	249	Sec. 1306.26. PERSONNEL. The department may employ
250	250	personnel necessary to administer and enforce this chapter and
251	251	chapters 1301, 1302, 1305 of this code.
252	252	Sec. 1306.26. SUBPOENA. (a) The board may request and, if
253	253	necessary, compel by subpoena:
254	254	(1) the attendance of a witness for examination under
255	255	oath; and
256	256	(2) the production for inspection and copying of
257	257	records, documents, and other evidence relevant to the
258	258	investigation of an alleged violation of this chapter.
259	259	(b) The board, acting through the attorney general, may
260	260	bring an action to enforce a subpoena issued under Subsection (a)
261	261	against a person who fails to comply with the subpoena.
262	262	(c) Venue for an action brought under Subsection (b) is in a
263	263	district court in:
264	264	(1) Travis County; or
265	265	(2) any county in which the board may hold a hearing.
266	266	(d) The court shall order compliance with the subpoena if
267	267	the court finds that good cause exists to issue the subpoena.
268	268	Sec. 1306.27. ADVISORY COMMITTEES. The board may appoint
269	269	advisory committees as it considers necessary. An advisory
270	270	committee shall serve without compensation or reimbursement and is
271	271	subject to Section 2110.008, Government Code.
272	272	Sec. 1306.28. BOARD COMMITTEES. (a) The board may create
273	273	committees to assist the board in exercising its powers and duties.
274	274	(b) The presiding officer of the board shall appoint the
275	275	members of the committees. Except as provided by Subsection (c),
276	276	each committee member must be a member of the board.
277	277	(c) The presiding officer may appoint only members of the
278	278	agency staff to an enforcement committee that reviews complaints
279	279	and license registration and reviews endorsement applications
280	280	submitted by applicants who have a criminal conviction history
281	281	affected by Chapter 53.
282	282	Sec. 1306.29. MEMORANDUM OF UNDERSTANDING. (a) The board
283	283	and the Texas Department of Licensing and Regulation shall enter
284	284	into a memorandum of understanding to improve services and
285	285	coordinate the functions of each agency.
286	286	(b) The memorandum of understanding must:
287	287	(1) require each agency to share:
288	288	(A) information technology to support the
289	289	regulation and enforcement of occupational licenses; and
290	290	(B) information on regulatory practices for
291	291	licensed occupations, including policy issues that affect the
292	292	regulation of licensed occupations, standardization of complaint
293	293	and enforcement techniques, and model licensing techniques;
294	294	(2) authorize enforcement officers from each agency to
295	295	check licenses, registrations, or endorsements held by persons
296	296	practicing occupations regulated by the other agency and report
297	297	noncompliance to that agency; and
298	298	(3) state the circumstances when a joint investigation
299	299	between the board and the Texas Department of Licensing and
300	300	Regulation is appropriate.
301	301	Sec. 1306.291. POLICY ON TECHNOLOGICAL SOLUTIONS. The
302	302	board shall develop and implement a policy requiring the executive
303	303	director and agency employees to research and propose appropriate
304	304	technological solutions to improve the agency's ability to perform
305	305	its functions. The technological solutions must:
306	306	(1) ensure that the public is able to easily find
307	307	information about the agency on the Internet;
308	308	(2) ensure that persons who want to use the agency's
309	309	services are able to:
310	310	(A) interact with the agency through the
311	311	Internet; and
312	312	(B) access any service that can be provided
313	313	effectively through the Internet; and
314	314	(3) be cost-effective and developed through the
315	315	agency's planning processes.
316	316	Sec. 1306.292. NEGOTIATED RULEMAKING AND ALTERNATIVE
317	317	DISPUTE RESOLUTION. (a) The board shall develop and implement a
318	318	policy to encourage the use of:
319	319	(1) negotiated rulemaking procedures under Chapter
320	320	2008, Government Code, for the adoption of agency rules; and
321	321	(2) appropriate alternative dispute resolution
322	322	procedures under Chapter 2009, Government Code, to assist in the
323	323	resolution of internal and external disputes under the agency's
324	324	jurisdiction.
325	325	(b) The agency's procedures relating to alternative dispute
326	326	resolution must conform, to the extent possible, to any model
327	327	guidelines issued by the State Office of Administrative Hearings
328	328	for the use of alternative dispute resolution by state agencies.
329	329	(c) The board shall designate a trained person to:
330	330	(1) coordinate the implementation of the policy
331	331	adopted under Subsection (a);
332	332	(2) serve as a resource for any training needed to
333	333	implement the procedures for negotiated rulemaking or alternative
334	334	dispute resolution; and
335	335	(3) collect data concerning the effectiveness of those
336	336	procedures, as implemented by the agency.
337	337	SUBCHAPTER D. CONSUMER INTEREST INFORMATION AND COMPLAINT
338	338	PROCEDURES
339	339	Sec. 1306.301. CONSUMER INTEREST INFORMATION. (a) The
340	340	board shall prepare information of consumer interest describing the
341	341	regulatory functions of the board and the procedures by which
342	342	consumer complaints are filed with and resolved by the board.
343	343	(b) The board shall make the information available to the
344	344	public and appropriate state agencies.
345	345	Sec. 1306.3015. PUBLIC PARTICIPATION. The board shall
346	346	develop and implement policies that provide the public with a
347	347	reasonable opportunity to appear before the board and to speak on
348	348	any issue under the jurisdiction of the agency.
349	349	Sec. 1306.303. COMPLAINTS. (a) The board may investigate
350	350	an alleged violation of this chapter of chapters 1301, 1302, or 1305
351	351	of this code by a person who:
352	352	(1) is licensed under this chapter or chapters 1301,
353	353	1302, or 1305 of this code;
354	354	(2) is the owner of a company or contractor subject to
355	355	this chapter or chapters 1301, 1302, or 1305 of this code; or
356	356	(3) performs plumbing, acts a electrician, or an air
357	357	conditioning and refrigeration contractor without holding a
358	358	license under this chapter or chapters 1301, 1302, or 1305.
359	359	(b) The board shall maintain a file on each written
360	360	complaint filed with the board. The file must include:
361	361	(1) the name of the person who filed the complaint;
362	362	(2) the date the complaint is received by the agency;
363	363	(3) the subject matter of the complaint;
364	364	(4) the name of any municipality and the county in
365	365	which the conduct that is the subject of the complaint occurred;
366	366	(5) the name of each person contacted in relation to
367	367	the complaint;
368	368	(6) a summary of the results of the review or
369	369	investigation of the complaint; and
370	370	(7) an explanation of the reason the file was closed,
371	371	if the agency closed the file without taking action other than to
372	372	investigate the complaint.
373	373	(c) The agency shall provide to the person filing the
374	374	complaint and to each person who is a subject of the complaint a
375	375	copy of the agency's policies and procedures relating to complaint
376	376	investigation and resolution.
377	377	(d) The board, at least quarterly and until final
378	378	disposition of the complaint, shall notify the person filing the
379	379	complaint and each person who is a subject of the complaint of the
380	380	status of the investigation unless the notice would jeopardize an
381	381	undercover investigation.
382	382	(e) The board by rule shall assign priorities and prescribe
383	383	investigative procedures for investigations of complaints based
384	384	on:
385	385	(1) the severity of the conduct alleged in the
386	386	complaint; and
387	387	(2) the degree of harm to public health, safety, or
388	388	property.
389	389	(f) The board shall maintain information about complaints,
390	390	including source, type, and geographical area, to identify and
391	391	address regulatory problem areas and focus enforcement in those
392	392	areas.
393	393	Sec. 1306.304. INVESTIGATION OF COMPLAINTS. (a) The
394	394	enforcement committee or an employee designated by the enforcement
395	395	committee may investigate an alleged violation of this chapter,
396	396	chapter 1301, 1302, or 1305 of this code or a board rule that is
397	397	reported to the board.
398	398	(b) The enforcement committee shall determine whether a
399	399	person has committed the violation and shall recommend appropriate
400	400	sanctions to the board or, if the enforcement committee determines
401	401	that the complaint is without merit, dismissal of the complaint.
402	402	(c) The board shall conduct joint investigations with the
403	403	Texas Department of Licensing and Regulation as circumstances
404	404	require.
405	405	(d) Unless a threat to health or safety exists, the board
406	406	may choose to not investigate a complaint in which the person filing
407	407	the complaint and the person who is the subject of the complaint are
408	408	engaged in litigation related to the subject matter of the
409	409	complaint until the outcome of the litigation is finally determined
410	410	if the board determines the complaint process is being abused.
411	411	SUBCHAPTER E. ADMINISTRATIVE PENALTY
412	412	Sec. 1306.401. IMPOSITION OF PENALTY. The board may impose
413	413	an administrative penalty on a person who violates this chapter,
414	414	chapter 1301, 1302, or 1305 of this code or a rule or order adopted
415	415	under this chapter.
416	416	Sec. 1306.402. AMOUNT OF PENALTY. (a) The amount of an
417	417	administrative penalty may not exceed $5,000 for each violation.
418	418	Each day a violation continues or occurs is a separate violation for
419	419	purposes of imposing a penalty.
420	420	(b) The amount of the penalty shall be based on:
421	421	(1) the seriousness of the violation, including:
422	422	(A) the nature, circumstance, extent, and
423	423	gravity of any prohibited act; and
424	424	(B) the hazard or potential hazard created to the
425	425	health, safety, or economic welfare of the public;
426	426	(2) the economic harm to property or the environment
427	427	caused by the violation;
428	428	(3) the history of previous violations;
429	429	(4) the amount necessary to deter a future violation;
430	430	(5) efforts made to correct the violation; and
431	431	(6) any other matter that justice may require.
432	432	(c) The board by rule or through procedures adopted by the
433	433	board and published in the Texas Register shall develop a
434	434	standardized penalty schedule based on the criteria listed in
435	435	Subsection (b).
436	436	Sec. 1306.403. REPORT AND NOTICE OF VIOLATION AND PENALTY.
437	437	(a) If the enforcement committee determines that a violation
438	438	occurred, the enforcement committee may issue to the board a report
439	439	stating:
440	440	(1) the facts on which the determination is based; and
441	441	(2) the committee's recommendation on the imposition
442	442	of the penalty, including a recommendation on the amount of the
443	443	penalty.
444	444	(b) Not later than the 14th day after the date the report is
445	445	issued, the enforcement committee shall give written notice of the
446	446	report to the person.
447	447	(c) The notice must:
448	448	(1) include a brief summary of the alleged violation;
449	449	(2) state the amount of the recommended penalty; and
450	450	(3) inform the person of the person's right to a
451	451	hearing on the occurrence of the violation, the amount of the
452	452	penalty, or both.
453	453	Sec. 1306.404. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
454	454	Not later than the 20th day after the date the person receives the
455	455	notice, the person in writing may:
456	456	(1) accept the determination and recommended penalty
457	457	of the enforcement committee; or
458	458	(2) make a request for a hearing on the occurrence of
459	459	the violation, the amount of the penalty, or both.
460	460	(b) If the person accepts the determination and recommended
461	461	penalty of the enforcement committee, the board by order shall
462	462	approve the determination and impose the recommended penalty.
463	463	(c) Failure to request a hearing or accept the determination
464	464	and recommended penalty within the time provided by this section
465	465	waives the right to a hearing under this chapter.
466	466	(d) If the board determines without a hearing that the
467	467	person committed a violation and a penalty is to be imposed, the
468	468	board shall:
469	469	(1) provide written notice to the person of the board's
470	470	findings; and
471	471	(2) enter an order requiring the person to pay the
472	472	recommended penalty.
473	473	Sec. 1306.405. HEARING. (a) If the person requests a
474	474	hearing, the enforcement committee shall set a hearing and give
475	475	written notice of the hearing to the person. An administrative law
476	476	judge of the State Office of Administrative Hearings shall hold the
477	477	hearing.
478	478	(b) The administrative law judge shall make findings of fact
479	479	and conclusions of law and promptly issue to the board a proposal
480	480	for a decision about the occurrence of the violation and the amount
481	481	of a proposed penalty.
482	482	Sec. 1306.406. DECISION BY BOARD. (a) Based on the
483	483	findings of fact, conclusions of law, and proposal for a decision,
484	484	the board by order may:
485	485	(1) find that a violation occurred and impose a
486	486	penalty; or
487	487	(2) find that a violation did not occur.
488	488	(b) The notice of the board's order given to the person must
489	489	include a statement of the right of the person to judicial review of
490	490	the order.
491	491	Sec. 1306.407. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
492	492	(a) Not later than the 30th day after the date the board's order
493	493	becomes final, the person shall:
494	494	(1) pay the penalty; or
495	495	(2) file a petition for judicial review contesting the
496	496	occurrence of the violation, the amount of the penalty, or both.
497	497	(b) Failure by the person to pay the penalty is grounds for
498	498	the board to refuse to renew the person's license or registration
499	499	and to refuse to issue a new license or registration to the person.
500	500	Sec. 1306.408. STAY OF ENFORCEMENT OF PENALTY. (a) Within
501	501	the 30-day period prescribed by Section 1306.707, a person who
502	502	files a petition for judicial review may:
503	503	(1) stay enforcement of the penalty by:
504	504	(A) paying the penalty to the court for placement
505	505	in an escrow account; or
506	506	(B) giving the court a supersedeas bond approved
507	507	by the court that:
508	508	(i) is for the amount of the penalty; and
509	509	(ii) is effective until all judicial review
510	510	of the board's order is final; or
511	511	(2) request the court to stay enforcement of the
512	512	penalty by:
513	513	(A) filing with the court a sworn affidavit of
514	514	the person stating that the person is financially unable to pay the
515	515	penalty and is financially unable to give the supersedeas bond; and
516	516	(B) sending a copy of the affidavit to the
517	517	enforcement committee by certified mail.
518	518	(b) If the enforcement committee receives a copy of an
519	519	affidavit under Subsection (a)(2), the executive director may file
520	520	with the court, not later than the fifth day after the date the copy
521	521	is received, a contest to the affidavit.
522	522	(c) The court shall hold a hearing on the facts alleged in
523	523	the affidavit as soon as practicable and shall stay the enforcement
524	524	of the penalty on finding that the alleged facts are true. The
525	525	person who files an affidavit has the burden of proving that the
526	526	person is financially unable to pay the penalty and to give a
527	527	supersedeas bond.
528	528	Sec. 1306.409. DECISION BY COURT. (a) If the court
529	529	sustains the finding that a violation occurred, the court may
530	530	uphold or reduce the amount of the penalty and order the person to
531	531	pay the full or reduced amount of the penalty.
532	532	(b) If the court does not sustain the finding that a
533	533	violation occurred, the court shall order that a penalty is not
534	534	owed.
535	535	Sec. 1306.410. REMITTANCE OF PENALTY AND INTEREST. (a) If
536	536	the person paid the penalty and if the amount of the penalty is
537	537	reduced or the penalty is not upheld by the court, the court shall
538	538	order, when the court's judgment becomes final, that the
539	539	appropriate amount plus accrued interest be remitted to the person.
540	540	(b) The interest accrues at the rate charged on loans to
541	541	depository institutions by the New York Federal Reserve Bank.
542	542	(c) The interest shall be paid for the period beginning on
543	543	the date the penalty is paid and ending on the date the penalty is
544	544	remitted.
545	545	Sec. 1306.411. RELEASE OF BOND. (a) If the person gave a
546	546	supersedeas bond and the penalty is not upheld by the court, the
547	547	court shall order, when the court's judgment becomes final, the
548	548	release of the bond.
549	549	(b) If the person gave a supersedeas bond and the amount of
550	550	the penalty is reduced, the court shall order the release of the
551	551	bond after the person pays the reduced amount.
552	552	Sec. 1306.412. COLLECTION OF PENALTY. (a) If the person
553	553	does not pay the penalty and the enforcement of the penalty is not
554	554	stayed, the penalty may be collected.
555	555	(b) The attorney general may sue to collect the penalty.
556	556	Sec. 1306.413. ADMINISTRATIVE PROCEDURE. A proceeding to
557	557	impose the penalty is considered to be a contested case under
558	558	Chapter 2001, Government Code.
559	559	SUBCHAPTER F . EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
560	560	Sec. 1306.501. EXECUTIVE DIRECTOR AND STAFF. (a) The board
561	561	shall employ an executive director as the executive head of the
562	562	agency.
563	563	(b) The board may employ personnel as necessary to
564	564	administer this chapter, chapter 1301, 1302 or 1305 of this code.
565	565	The board may determine the compensation and duties of its
566	566	employees and the terms of their employment.
567	567	Sec. 1306.502. CAREER LADDER PROGRAM; PERFORMANCE
568	568	EVALUATIONS. (a) The presiding officer of the board or the
569	569	presiding officer's designee shall develop an intra-agency career
570	570	ladder program. The program must require intra-agency posting of
571	571	each nonentry level position at least 10 days before the date of any
572	572	public posting.
573	573	(b) The presiding officer of the board or the presiding
574	574	officer's designee shall develop a system of annual performance
575	575	evaluations based on measurable job tasks. All merit pay for board
576	576	employees must be based on the system established under this
577	577	subsection.
578	578	Sec. 1306.503. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)
579	579	The executive director or the executive director's designee shall
580	580	prepare and maintain a written policy statement that implements a
581	581	program of equal employment opportunity to ensure that all
582	582	personnel decisions are made without regard to race, color,
583	583	disability, sex, religion, age, or national origin.
584	584	(b) The policy statement must include:
585	585	(1) personnel policies, including policies relating
586	586	to recruitment, evaluation, selection, training, and promotion of
587	587	personnel, that show the intent of the agency to avoid the unlawful
588	588	employment practices described by Chapter 21, Labor Code; and
589	589	(2) an analysis of the extent to which the composition
590	590	of the agency's personnel is in accordance with state and federal
591	591	law and a description of reasonable methods to achieve compliance
592	592	with state and federal law.
593	593	(c) The policy statement must:
594	594	(1) be updated annually;
595	595	(2) be reviewed by the state Commission on Human
596	596	Rights for compliance with Subsection (b)(1); and
597	597	(3) be filed with the governor's office.
598	598	Sec. 1306.504. STANDARDS OF CONDUCT. The executive
599	599	director or the executive director's designee shall provide to
600	600	members of the board and to agency employees, as often as necessary,
601	601	information regarding the requirements for office or employment
602	602	under this chapter, including information regarding a person's
603	603	responsibilities under applicable laws relating to standards of
604	604	conduct for state officers or employees.
605	605	Sec. 1306.505. SEPARATION OF RESPONSIBILITIES. The board
606	606	shall develop and implement policies that clearly separate the
607	607	policy-making responsibilities of the board and the management
608	608	responsibilities of the executive director and the staff of the
609	609	agency.
610	610	SECTION 2. Sections 1301.002(1) and (1-b), Occupations
611	611	Code, is amended to read as follows:
612	612	1301.002. DEFINITIONS. In this chapter:
613	613	(1) "Board" means the [Texas State Board of Plumbing
614	614	Examiners] Trades Board for the State of Texas.
615	615	(1-b) "Executive director" means the executive director
616	616	of the [Texas State Board of Plumbing Examiners] Trades Board for
617	617	the State of Texas.
618	618	SECTION 3. Section 1301.003, Occupations Code, is repealed.
619	619	SECTION 4. Subchapters C and E of Chapter 1301, Occupations
620	620	Code, are repealed.
621	621	SECTION 5. Section 1301.201, Occupations Code, is repealed.
622	622	SECTION 6. Sections 1301.204, 1301.205, 1301.207, 1301.208
623	623	Occupations Code, are repealed.
624	624	SECTION 7. Sections 1302.002(1), Occupations Code, is
625	625	amended to read as follows:
626	626	Sec. 1302.002. DEFINITIONS. In this chapter:
627	627	(1) "[Advisory b]Board" means the [air conditioning
628	628	and refrigeration contractors advisory board] Trades Board for the
629	629	State of Texas.
630	630	SECTION 8. Sections 1302.101, Occupations Code, is amended
631	631	to read as follows:
632	632	Sec. 1302.101. GENERAL POWERS AND DUTIES. (a) The
633	633	[commission] board shall adopt rules for the practice of air
634	634	conditioning and refrigeration contracting that are at least as
635	635	strict as the standards provided by:
636	636	(1) the Uniform Mechanical Code; and
637	637	(2) the International Mechanical Code.
638	638	(b) The executive director shall prescribe the design of an
639	639	original and a renewal license.
640	640	(c) The [commission] board shall maintain a record of the
641	641	commission's proceedings under this chapter.
642	642	(d) The executive director may authorize disbursements
643	643	necessary to implement this chapter, including disbursements for
644	644	office expenses, equipment costs, and other necessary facilities.
645	645	(e) The department or board may examine any criminal
646	646	conviction, guilty plea, or deferred adjudication of an applicant
647	647	for issuance or renewal of a license, including by obtaining any
648	648	criminal history record information permitted by law.
649	649	SECTION 9. Sections 1302.1011, Occupations Code, is amended
650	650	to read as follows:
651	651	Sec. 1302.1011. RULES. The [commission] board shall adopt
652	652	rules:
653	653	(1) providing for the licensing, certification, and
654	654	registration of persons under this chapter, including requirements
655	655	for the issuance and renewal of a contractor license, a technician
656	656	certification, and a technician registration;
657	657	(2) establishing fees necessary for the
658	658	administration of this chapter, including fees for issuance and
659	659	renewal of a contractor license, a technician certification, and a
660	660	technician registration; and
661	661	(3) implementing the requirements of this chapter as
662	662	applicable to persons, entities, and activities regulated under
663	663	this chapter.
664	664	SECTION 10. Subsection 1302.102 (a), Occupations Code, is
665	665	amended to read as follows:
666	666	Sec. 1302.102. INSURANCE REQUIREMENTS. (a) The
667	667	[commission] board by rule shall set insurance requirements for a
668	668	license holder under this chapter.
669	669	SECTION 11. Sections 1302.103, Occupations Code, is amended
670	670	to read as follows:
671	671	Sec. 1302.103. RULES REGARDING USE AND DISPLAY OF LICENSE.
672	672	The [commission] board, with the advice of the advisory board,
673	673	shall adopt rules relating to the use, display, and advertisement
674	674	of a license.
675	675	SECTION 12. Subchapter E, Chapter 1302 Occupations Code, is
676	676	repealed.
677	677	SECTION 13. Section 1302.261, Occupations Code, is amended
678	678	to read as follows:
679	679	Sec. 1302.261. TEMPORARY LICENSE. The [commission] board
680	680	by rule may provide for the issuance of a temporary air conditioning
681	681	and refrigeration contracting license to an applicant who:
682	682	(1) submits to the executive director an application
683	683	on a form prescribed by the executive director; and
684	684	(2) pays the required fees.
685	685	SECTION 14. Subsection 1302.506(b), Occupations Code, is
686	686	amended to read as follows:
687	687	(b) The [commission] board shall adopt rules providing for
688	688	the issuance of a temporary registration under this section,
689	689	including the qualifications and fee required for the registration.
690	690	SECTION 15. Section 1305.002 (1), Occupations Code, is
691	691	amended to read as follows:
692	692	Sec. 1305.002. DEFINITIONS. In this chapter:
693	693	(1) "[Advisory b]Board" means the [Electrical Safety
694	694	and Licensing Advisory Board] Trades Board for the State of Texas.
695	695	SECTION 16. Subchapters B, Chapter 1302 Occupations Code,
696	696	is repealed.
697	697	SECTION 17. Section 1305.101, Occupations Code, is amended
698	698	to read as follows:
699	699	Sec. 1305.101. GENERAL POWERS AND DUTIES. (a) The
700	700	executive director or [commission]board, as appropriate, shall:
701	701	(1) by rule establish the financial responsibility
702	702	requirements for electrical contractors; and
703	703	(2) after publication of the National Electrical Code
704	704	by the National Fire Protection Association every three years,
705	705	adopt the revised National Electrical Code as the electrical code
706	706	for the state.
707	707	(b) The executive director or [commissioner] board, as
708	708	appropriate, may:
709	709	(1) establish reciprocity agreements with other
710	710	states that have licensing requirements substantially equivalent
711	711	to the requirements of this chapter; and
712	712	(2) take other action as necessary to administer and
713	713	enforce this chapter.
714	714	SECTION 18. Section 1305.102, Occupations Code, is amended
715	715	to read as follows:
716	716	Sec. 1305.102. RULES. (a) The [commission]board shall
717	717	adopt rules for the licensing of electricians, sign electricians,
718	718	electrical sign contractors, electrical contractors, journeyman
719	719	industrial electricians, journeyman linemen, residential appliance
720	720	installers, and residential appliance installation contractors as
721	721	prescribed by this chapter.
722	722	(b) The executive director by rule shall prescribe
723	723	descriptions of the types of activities that may be performed by
724	724	each class of license holder under this chapter.
725	725	(c) The executive director by rule shall adopt standards of
726	726	conduct requirements for license holders under this chapter.
727	727	(d) The [commission]board may adopt rules regarding the
728	728	registration of apprenticeship training programs and to require
729	729	registered programs to report the names of persons enrolled in the
730	730	programs.
731	731	SECTION 19. Section 1305.103, Occupations Code, is amended
732	732	to read as follows:
733	733	Sec. 1305.103. FEES. The [commission]board shall establish
734	734	and collect reasonable and necessary fees in amounts sufficient to
735	735	cover the costs of administering this chapter.
736	736	SECTION 20. Subsection 1305.161(d), Occupations Code, is
737	737	amended to read as follows:
738	738	(d) The [commission]board by rule shall set the fee,
739	739	establish the qualifications, and provide for the issuance of a
740	740	temporary apprentice license under this section.
741	741	SECTION 21. Section 1305.1615, Occupations Code, is amended
742	742	to read as follows:
743	743	Sec. 1305.1615. EMERGENCY ELECTRICIAN LICENSE. (a) The
744	744	[commission]board by rule shall establish criteria and procedures
745	745	for the issuance of an emergency electrician license following a
746	746	disaster, as that term is defined by Section 418.004, Government
747	747	Code, to a person licensed as an electrician in another state of the
748	748	United States.
749	749	(b) An emergency license issued under this section expires
750	750	on the 90th day after the date of issuance.
751	751	(c) The [commission]board, with the advice of the advisory
752	752	board, may adopt rules that provide for the extension of an
753	753	emergency license issued under this section.
754	754	SECTION 22. Subsection 1305.1615(c), Occupations Code, is
755	755	amended to read as follows:
756	756	(c) The [commission]board shall adopt rules necessary to
757	757	implement this section.
758	758	SECTION 23. Not later than March 1, 2020, the Trades Board
759	759	of Texas shall adopt rules as required by this Act.
760	760	SECTION 24. The Texas Department of Licensing and
761	761	Regulation shall assist the Trades Board for the State of Texas for
762	762	one year after the effective date of this Act. The Trades Board of
763	763	the State of Texas may hold its meetings at the present location of
764	764	the Texas State Board of Plumbing Examiners.
765	765	SECTION 25. This Act takes effect September 1, 2019.