Texas 2019 - 86th Regular

Texas Senate Bill SB766 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R3297 PMO-F
2	2	By: Menéndez S.B. No. 766
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of certain employees of
8	8	fire protection sprinkler system contractors; providing a penalty;
9	9	imposing a fee; requiring occupational licenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 6003.001, Insurance Code, is amended by
12	12	amending Subdivisions (1) and (6) and adding Subdivisions (1-a),
13	13	(2-a), (2-b), and (12) to read as follows:
14	14	(1) "Dwelling technician license" means a license
15	15	authorizing a fire protection sprinkler technician to install,
16	16	service, or maintain a fire protection sprinkler system located in
17	17	a one-family or two-family residence.
18	18	(1-a) "Fire protection sprinkler system" means an
19	19	assembly of underground or overhead piping or conduits that conveys
20	20	water with or without other agents to dispersal openings or devices
21	21	to:
22	22	(A) extinguish, control, or contain fire; and
23	23	(B) provide protection from exposure to fire or
24	24	the products of combustion.
25	25	(2-a) "Fire protection sprinkler technician" means a
26	26	person who installs, services, or maintains a fire protection
27	27	sprinkler system or any part of the system as an employee of a fire
28	28	protection sprinkler system contractor.
29	29	(2-b) "General technician license" means a license
30	30	authorizing a fire protection sprinkler technician to install,
31	31	service, or maintain any fire protection sprinkler system.
32	32	(6) "License" means the document issued to a
33	33	responsible managing employee or a fire protection sprinkler
34	34	technician authorizing the employee or technician to engage in the
35	35	fire protection sprinkler system business in this state.
36	36	(12) "Underground fire main technician license" means
37	37	a license authorizing a fire protection sprinkler technician to
38	38	install, service, or maintain an assembly of underground piping or
39	39	conduits that conveys water, with or without other agents, as part
40	40	of a fire protection sprinkler system.
41	41	SECTION 2. Section 6003.002(b), Insurance Code, is amended
42	42	to read as follows:
43	43	(b) This chapter does not authorize an individual or
44	44	organization to:
45	45	(1) practice professional engineering other than in
46	46	compliance with Chapter 1001, Occupations Code; or
47	47	(2) design or install or enter into a contract to
48	48	design or install a multipurpose residential fire protection
49	49	sprinkler system other than in compliance with Chapter 1301,
50	50	Occupations Code.
51	51	SECTION 3. Subchapter A, Chapter 6003, Insurance Code, is
52	52	amended by adding Section 6003.004 to read as follows:
53	53	Sec. 6003.004. PERSONAL INFORMATION CONFIDENTIAL. The home
54	54	address, home telephone number, driver's license number, and social
55	55	security number of a license holder or an applicant for a license
56	56	under this chapter are confidential and are not subject to
57	57	disclosure under Chapter 552, Government Code.
58	58	SECTION 4. Section 6003.052(b), Insurance Code, is amended
59	59	to read as follows:
60	60	(b) Under rules adopted under Section 6003.051(b), the
61	61	department:
62	62	(1) may create a specialized licensing or registration
63	63	program for fire protection sprinkler system contractors; and
64	64	(2) shall create a specialized licensing program for
65	65	fire protection sprinkler technicians.
66	66	SECTION 5. Sections 6003.055(a) and (b), Insurance Code,
67	67	are amended to read as follows:
68	68	(a) The commissioner shall set the fee for:
69	69	(1) a registration certificate application in an
70	70	amount not to exceed $100;
71	71	(2) an initial or renewal registration certificate in
72	72	an amount not to exceed $1,200 annually; and
73	73	(3) an initial or renewal [responsible managing
74	74	employee] license fee in an amount not to exceed $200 annually.
75	75	(b) Unless the examination for a [responsible managing
76	76	employee] license is administered by a testing service, the
77	77	commissioner shall set a nonrefundable fee for each examination in
78	78	an amount not to exceed $100.
79	79	SECTION 6. Section 6003.156(a), Insurance Code, is amended
80	80	to read as follows:
81	81	(a) The state fire marshal shall establish the scope and
82	82	type of an examination required by this chapter. The state fire
83	83	marshal shall develop the examinations required under Section
84	84	6003.162 based on the most recent applicable guidelines published
85	85	by the National Fire Protection Association.
86	86	SECTION 7. Section 6003.158(b), Insurance Code, is amended
87	87	to read as follows:
88	88	(b) A person who holds a license issued under Section
89	89	6003.153 or 6003.162 must annually complete at least eight hours of
90	90	continuing education in accordance with commissioner rules.
91	91	[Participation in the continuing education programs is voluntary.]
92	92	SECTION 8. Section 6003.159, Insurance Code, is amended to
93	93	read as follows:
94	94	Sec. 6003.159. RECIPROCAL LICENSE. The department shall
95	95	[may] waive any license requirement for an applicant who holds a
96	96	license issued by another state if the other state:
97	97	(1) [that] has license requirements substantially
98	98	equivalent to the license requirements of this state; and
99	99	(2) has a reciprocal license statute that is
100	100	substantially equivalent to this section for individuals licensed
101	101	in this state.
102	102	SECTION 9. Section 6003.160, Insurance Code, is amended to
103	103	read as follows:
104	104	Sec. 6003.160. LICENSE NOT TRANSFERABLE; SINGLE EMPLOYER
105	105	REQUIRED. (a) A registration certificate or license issued under
106	106	this chapter is not transferable.
107	107	(b) An individual who holds a license issued under Section
108	108	6003.153 or 6003.162 may not:
109	109	(1) install, service, or maintain a fire protection
110	110	sprinkler system unless the license holder is employed by a fire
111	111	protection sprinkler system contractor; and
112	112	(2) be employed by more than one fire protection
113	113	sprinkler system contractor at the same time.
114	114	SECTION 10. Subchapter D, Chapter 6003, Insurance Code, is
115	115	amended by adding Sections 6003.161, 6003.162, and 6003.163 to read
116	116	as follows:
117	117	Sec. 6003.161. FIRE PROTECTION SPRINKLER TECHNICIAN:
118	118	LICENSE OR SUPERVISION REQUIRED. (a) An individual may not act as
119	119	a fire protection sprinkler technician unless the individual holds
120	120	a license issued by the department under Section 6003.153 or
121	121	6003.162 or is directly supervised by an individual who holds a
122	122	license issued by the department under Section 6003.153 or
123	123	6003.162. An individual may install, service, or maintain only the
124	124	type of fire protection sprinkler systems for which the
125	125	individual's license or the individual's direct supervisor's
126	126	license has been issued under this chapter.
127	127	(b) An individual may not use the term "licensed fire
128	128	protection sprinkler technician" in the person's contracts or
129	129	advertising materials unless the individual holds a license issued
130	130	under Section 6003.162.
131	131	(c) Notwithstanding any other law, a person who holds a
132	132	license under Section 6003.153 or 6003.162 is not required to hold a
133	133	license or registration issued by another state agency in order to
134	134	act as a fire protection sprinkler technician.
135	135	Sec. 6003.162. FIRE PROTECTION SPRINKLER TECHNICIAN
136	136	LICENSES. (a) The department shall issue a general technician
137	137	license to an applicant:
138	138	(1) who has completed 8,000 hours of an apprenticeship
139	139	program certified by the United States Department of Labor for the
140	140	installation, service, and maintenance of fire protection
141	141	sprinkler systems;
142	142	(2) who:
143	143	(A) has 8,000 hours of experience installing,
144	144	servicing, or maintaining fire protection sprinkler systems; and
145	145	(B) passes the department's general technician
146	146	license examination; or
147	147	(3) who:
148	148	(A) has 6,000 hours of experience installing,
149	149	servicing, or maintaining fire protection sprinkler systems; and
150	150	(B) passes the National Institute for
151	151	Certification in Engineering Technologies Level II test for
152	152	inspection and testing of water-based systems.
153	153	(b) The department shall issue a dwelling technician
154	154	license to an applicant who:
155	155	(1) has 4,000 hours of experience installing,
156	156	servicing, or maintaining fire protection sprinkler systems within
157	157	the scope of a dwelling technician license; and
158	158	(2) passes the department's dwelling technician
159	159	license examination.
160	160	(c) The department shall issue an underground fire main
161	161	technician license to an applicant who:
162	162	(1) has 4,000 hours of experience installing,
163	163	servicing, or maintaining fire protection sprinkler systems within
164	164	the scope of an underground fire main technician license; and
165	165	(2) passes the department's underground fire main
166	166	technician license examination.
167	167	(d) A license issued under this section must be conditioned
168	168	on the successful completion of the applicable license examination
169	169	and compliance with the requirements of any applicable rules
170	170	adopted under this chapter.
171	171	Sec. 6003.163. PRESENCE OF LICENSE HOLDER REQUIRED. Each
172	172	fire protection sprinkler system contractor shall ensure that at
173	173	least one person who holds a license issued under Section 6003.153
174	174	or 6003.162 is present at a location where a fire protection
175	175	sprinkler system is being installed, maintained, repaired, or
176	176	tested by an employee of the fire protection sprinkler system
177	177	contractor.
178	178	SECTION 11. Section 6003.301(a), Insurance Code, is amended
179	179	to read as follows:
180	180	(a) A person commits an offense if the person knowingly
181	181	violates Section 6003.151(a), 6003.153, 6003.161, or 6003.251.
182	182	SECTION 12. (a) As soon as possible after the effective
183	183	date of this Act, and not later than September 1, 2020, the
184	184	commissioner of insurance and the state fire marshal shall adopt
185	185	the rules and establish the procedures and examination requirements
186	186	necessary to implement the licensing of fire protection sprinkler
187	187	technicians under Chapter 6003, Insurance Code, as amended by this
188	188	Act.
189	189	(b) A fire protection sprinkler technician is not required
190	190	to hold a license under Section 6003.161, Insurance Code, as added
191	191	by this Act, before September 1, 2021.
192	192	SECTION 13. Notwithstanding Sections 6003.161 and
193	193	6003.162, Insurance Code, as added by this Act, the Texas
194	194	Department of Insurance shall issue a license to a qualified
195	195	applicant under this section who:
196	196	(1) applies for a license under Chapter 6003,
197	197	Insurance Code, as amended by this Act, not later than September 1,
198	198	2021;
199	199	(2) submits to the department the information required
200	200	by department rule;
201	201	(3) submits to the department the job description of
202	202	the position the applicant most recently performed and a sworn
203	203	statement by the applicant's employer attesting to the applicant's
204	204	job description;
205	205	(4) has at least the number of hours of experience
206	206	required by Section 6003.162, Insurance Code, as added by this Act,
207	207	for the applicable license for which the applicant is applying; and
208	208	(5) pays the application and licensing fee.
209	209	SECTION 14. This Act takes effect September 1, 2019.