Texas 2025 - 89th Regular

Texas House Bill HB3344 Compare Versions

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

Old	New	Differences
1	1	89R12580 DNC-F
2	2	By: Curry H.B. No. 3344
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of roofing contractors; providing an
10	10	administrative penalty; authorizing a fee; creating a criminal
11	11	offense; requiring an occupational license.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 8, Occupations Code, is amended by adding
14	14	Chapter 1306 to read as follows:
15	15	CHAPTER 1306. ROOFING CONTRACTORS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 1306.001. SHORT TITLE. This chapter may be cited as
18	18	the Roofing Contractor Consumer Protection Act.
19	19	Sec. 1306.002. DEFINITIONS. In this chapter:
20	20	(1) "Advisory board" means the roofing contractors
21	21	advisory board.
22	22	(2) "Commission" means the Texas Commission of
23	23	Licensing and Regulation.
24	24	(3) "Controlling person" means an individual who:
25	25	(A) is an owner, officer, or director of a
26	26	roofing contractor;
27	27	(B) possesses direct or indirect control of at
28	28	least 10 percent of the voting securities of a roofing contractor
29	29	that is a corporation;
30	30	(C) owns or possesses direct or indirect control
31	31	of at least $25,000 of the fair market value of a roofing
32	32	contractor;
33	33	(D) directly or indirectly possesses the power to
34	34	direct or cause the direction of the management or policies of a
35	35	roofing contractor; or
36	36	(E) has a direct or indirect interest in at least
37	37	10 percent of the profits, proceeds, or capital gains of a roofing
38	38	contractor.
39	39	(4) "Department" means the Texas Department of
40	40	Licensing and Regulation.
41	41	(5) "Executive director" means the executive director
42	42	of the department.
43	43	(6) "Roofing contractor" means a person who performs
44	44	roofing services for compensation.
45	45	(7) "Roofing product" means any material commonly used
46	46	in the construction, installation, or replacement of a commercial
47	47	or residential roof.
48	48	(8) "Roofing services" means the installation,
49	49	construction, maintenance, repair, alteration, or modification of
50	50	a roofing product for a commercial or residential roof.
51	51	Sec. 1306.003. EXEMPTIONS. (a) This chapter does not apply
52	52	to:
53	53	(1) the owner of residential property or property used
54	54	primarily for agricultural purposes, or an employee of the owner,
55	55	who physically performs roofing services on the owner's dwelling or
56	56	on another structure located on the property;
57	57	(2) an authorized employee or representative of the
58	58	United States government, this state, or any county, municipality,
59	59	or other political subdivision of this state acting in an official
60	60	capacity;
61	61	(3) a person who furnishes any fabricated or finished
62	62	roofing product, material, or article of merchandise that is not
63	63	incorporated into or attached to real property by the person;
64	64	(4) an employee of a roofing contractor licensed under
65	65	this chapter; or
66	66	(5) a person who performs roofing services for the new
67	67	construction of a commercial or residential structure.
68	68	(b) Notwithstanding Subsection (a), a person described by
69	69	Subsection (a)(5) may be subject to the requirements of this
70	70	chapter to the extent the person provides roofing services other
71	71	than those described by that subdivision.
72	72	Sec. 1306.004. CONSTRUCTION OF CHAPTER; CONFLICT WITH OTHER
73	73	LAW. This chapter shall be construed to be in addition to any
74	74	required licensure of persons in this state. This chapter is not
75	75	intended to conflict with or affect the authority of any state or
76	76	local agency, board, or department that administers or enforces any
77	77	law or ordinance or that establishes, administers, or enforces a
78	78	policy, rule, qualification, or standard for a trade or profession.
79	79	SUBCHAPTER B. ADVISORY BOARD
80	80	Sec. 1306.051. ROOFING CONTRACTORS ADVISORY BOARD. (a)
81	81	The advisory board consists of five members appointed by the
82	82	presiding officer of the commission with the approval of the
83	83	commission as follows:
84	84	(1) one general contractor who is not a roofing
85	85	contractor;
86	86	(2) three roofing contractors licensed under this
87	87	chapter; and
88	88	(3) one public member.
89	89	(b) For purposes of Subsection (a)(2), the commission may
90	90	appoint a roofing contractor who is not licensed under this chapter
91	91	if the contractor has fulfilled the requirements for the issuance
92	92	of a license and has submitted a complete application to the
93	93	department. The commission shall remove from the advisory board a
94	94	roofing contractor appointed under this subsection if the
95	95	contractor does not receive a license before the 31st day after the
96	96	date the contractor is appointed to the advisory board.
97	97	(c) Appointments to the advisory board shall be made without
98	98	regard to the race, color, disability, sex, religion, age, or
99	99	national origin of the appointee.
100	100	(d) Chapter 2110, Government Code, does not apply to the
101	101	composition or duration of the advisory board.
102	102	Sec. 1306.052. POWERS AND DUTIES OF ADVISORY BOARD. The
103	103	advisory board shall provide advice and recommendations to the
104	104	commission on the adoption of rules governing the repair of a
105	105	roofing system.
106	106	Sec. 1306.053. COMPENSATION. Advisory board members may
107	107	not receive compensation for serving as a member.
108	108	SUBCHAPTER C. POWERS AND DUTIES OF DEPARTMENT AND COMMISSION
109	109	Sec. 1306.101. GENERAL POWERS AND DUTIES. The department,
110	110	executive director, or commission, as appropriate, may take action
111	111	as necessary to administer and enforce this chapter.
112	112	Sec. 1306.102. RULES. The commission shall adopt rules as
113	113	necessary to administer this chapter, including rules relating to:
114	114	(1) licensing roofing contractors and establishing
115	115	standards of conduct for license holders, including the display of
116	116	a license by a license holder;
117	117	(2) investigating and resolving complaints filed
118	118	under this chapter;
119	119	(3) establishing the minimum financial responsibility
120	120	requirements for license holders;
121	121	(4) administering a licensing examination; and
122	122	(5) prohibiting false, misleading, or deceptive
123	123	advertising practices by license holders.
124	124	Sec. 1306.103. CRIMINAL HISTORY BACKGROUND CHECK. The
125	125	department may obtain criminal history record information under
126	126	Subchapter F, Chapter 411, Government Code, for an applicant for or
127	127	holder of a license under this chapter. For purposes of Section
128	128	411.093, Government Code, an applicant for or holder of a license
129	129	under this chapter includes a controlling person of an applicant or
130	130	holder.
131	131	Sec. 1306.104. LICENSE HOLDER DATABASE. The commission
132	132	shall make available on its Internet website a publicly accessible
133	133	list of licensed roofing contractors. The list must contain the
134	134	following for each licensed roofing contractor:
135	135	(1) contact information for the contractor;
136	136	(2) a statement indicating whether the contractor is
137	137	licensed in good standing;
138	138	(3) a summary of any disciplinary action taken by the
139	139	commission against the contractor; and
140	140	(4) any other information that the commission
141	141	determines is relevant.
142	142	SUBCHAPTER D. LICENSE REQUIREMENTS
143	143	Sec. 1306.151. LICENSE REQUIRED. (a) A person may not act
144	144	as or offer to act as a roofing contractor unless the person holds a
145	145	license issued under this chapter.
146	146	(b) A license:
147	147	(1) is valid only with respect to the person or company
148	148	named on the license; and
149	149	(2) authorizes the license holder to operate one
150	150	roofing contractor business for each license.
151	151	(c) A license issued under this chapter is not transferable
152	152	or assignable.
153	153	Sec. 1306.152. APPLICATION; APPLICATION FEE. (a) An
154	154	applicant for a license must:
155	155	(1) apply to the department on a form prescribed by the
156	156	executive director and under rules adopted by the commission;
157	157	(2) submit with the application a nonrefundable
158	158	application fee in an amount set by the commission; and
159	159	(3) pass an examination adopted by the department.
160	160	(b) The commission by rule shall specify the information
161	161	that must be included on an application submitted to the
162	162	department. The rules must require each application to include:
163	163	(1) the name and address of, and an authorization for
164	164	the department to obtain criminal history record information for,
165	165	each controlling person; and
166	166	(2) evidence that the applicant satisfies the minimum
167	167	financial responsibility requirements established by commission
168	168	rule.
169	169	Sec. 1306.153. TERM OF LICENSE. A license issued under this
170	170	chapter is valid for one year.
171	171	Sec. 1306.154. EXAMINATION. (a) An examination required
172	172	by this chapter shall be conducted at locations throughout the
173	173	state.
174	174	(b) The department shall accept, develop, or contract for
175	175	the examination required by this chapter, including the
176	176	administration of the examination. Each examination must test the
177	177	knowledge of the applicant about basic contracting principles and
178	178	roofing services.
179	179	(c) The executive director shall determine uniform
180	180	standards for acceptable performance on an examination.
181	181	SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
182	182	Sec. 1306.201. DISPLAY OF LICENSE INFORMATION. (a) A
183	183	roofing contractor shall display the contractor's business name and
184	184	the number of the license issued by the executive director on each
185	185	vehicle owned by the contractor and used in providing roofing
186	186	services.
187	187	(b) The information required to be displayed must be:
188	188	(1) printed in letters and numbers that are at least
189	189	two inches high and in a color that contrasts with the color of the
190	190	background surface; and
191	191	(2) affixed in conspicuous places on both sides of the
192	192	vehicle.
193	193	Sec. 1306.202. COMPLIANCE WITH LOCAL REQUIREMENTS. A
194	194	roofing contractor shall comply with local ordinances and
195	195	regulations relating to standards and permits for roofing services.
196	196	Sec. 1306.203. OBTAINING A LICENSE UNDER ANOTHER NAME
197	197	PROHIBITED. (a) A person may not attempt to obtain a license under
198	198	any other name during any period during which the person's roofing
199	199	contractor license is suspended or revoked.
200	200	(b) Subsection (a) applies to any controlling person of a
201	201	business entity or other group whose license is suspended or
202	202	revoked.
203	203	Sec. 1306.204. NOTIFICATION OF CHANGE OF INFORMATION. A
204	204	roofing contractor shall timely notify the department of any change
205	205	to the name, address, business entity, liability coverage, or legal
206	206	service agent of the contractor.
207	207	Sec. 1306.205. PROHIBITED ACTS. A roofing contractor
208	208	providing roofing services to be paid by a consumer from the
209	209	proceeds of the consumer's property or casualty insurance policy
210	210	may not pay or rebate or promise to pay or rebate all or part of any
211	211	applicable insurance deductible.
212	212	Sec. 1306.206. CONFLICTS OF INTEREST PROHIBITED. (a) In
213	213	this section, "public insurance adjuster" has the meaning assigned
214	214	by Section 4102.001, Insurance Code.
215	215	(b) A roofing contractor may not act as a public insurance
216	216	adjuster for any property for which the contractor is providing
217	217	roofing services, regardless of whether the contractor holds a
218	218	license under Chapter 4102, Insurance Code.
219	219	(c) A roofing contractor is subject to the prohibitions
220	220	under Section 4102.158, Insurance Code.
221	221	SUBCHAPTER F. ENFORCEMENT
222	222	Sec. 1306.251. INVESTIGATION OF COMPLAINTS. (a) The
223	223	department shall investigate any complaint alleging that a
224	224	violation of this chapter or a rule adopted under this chapter has
225	225	occurred.
226	226	(b) A complaint must be filed in a manner prescribed by the
227	227	department.
228	228	Sec. 1306.252. ADMINISTRATIVE PENALTY. The commission or
229	229	executive director may impose an administrative penalty on a person
230	230	under Subchapter F, Chapter 51, regardless of whether the person
231	231	holds a license under this chapter, if the person violates:
232	232	(1) this chapter or a rule adopted under this chapter;
233	233	or
234	234	(2) a rule or order of the commission or executive
235	235	director.
236	236	Sec. 1306.253. SANCTIONS. The commission may impose
237	237	sanctions as provided by Section 51.353.
238	238	Sec. 1306.254. CRIMINAL OFFENSE. (a) A person commits an
239	239	offense if the person:
240	240	(1) violates the licensing requirements of this
241	241	chapter; or
242	242	(2) performs roofing services without a license
243	243	required by this chapter.
244	244	(b) An offense under this section is a Class C misdemeanor.
245	245	SECTION 2. Not later than February 1, 2026, the Texas
246	246	Commission of Licensing and Regulation, the Texas Department of
247	247	Licensing and Regulation, and the executive director of the Texas
248	248	Department of Licensing and Regulation, as appropriate, shall adopt
249	249	rules and forms necessary to implement Chapter 1306, Occupations
250	250	Code, as added by this Act.
251	251	SECTION 3. The Texas Department of Licensing and Regulation
252	252	shall issue a roofing contractor license under Chapter 1306,
253	253	Occupations Code, as added by this Act, to an applicant who:
254	254	(1) applies for a license under this section not later
255	255	than June 1, 2026;
256	256	(2) submits to the department the information required
257	257	by rule;
258	258	(3) has at least 10 years of experience performing
259	259	roofing services as defined by Section 1306.002, Occupations Code,
260	260	as added by this Act; and
261	261	(4) pays the application fee established by the Texas
262	262	Commission of Licensing and Regulation.
263	263	SECTION 4. (a) Except as provided by Subsection (b) of this
264	264	section, this Act takes effect September 1, 2025.
265	265	(b) Section 1306.151, Occupations Code, and Subchapters E
266	266	and F, Chapter 1306, Occupations Code, as added by this Act, take
267	267	effect September 1, 2026.