By: Yarbrough H.B. No. 585
73R228 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of carpenters and millwrights; providing
1-3 a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Carpenter" means a person who engages in
1-7 carpentry.
1-8 (2) "Carpentry" means the craft of shaping and
1-9 assembling structural and nonstructural woodwork or any substitute
1-10 material and includes:
1-11 (A) rough framing with wood, metal, or a
1-12 substitute material;
1-13 (B) rough finishing, including siding and
1-14 decking;
1-15 (C) interior work, including the installation of
1-16 Sheetrock or a similar material;
1-17 (D) trim work, including paneling, door, and
1-18 cabinet installation;
1-19 (E) drilling, cutting, assembling, and
1-20 disassembling of a concrete form using wood, prefabricated steel,
1-21 or another material;
1-22 (F) the erection of scaffolding, whether metal,
1-23 wood, or another material, that is to be used in another act of
1-24 carpentry; and
2-1 (G) rigging to a crane of all material to be
2-2 received by a carpenter for use on the job.
2-3 (3) "Commissioner" means the commissioner of licensing
2-4 and regulation.
2-5 (4) "Department" means the Texas Department of
2-6 Licensing and Regulation.
2-7 (5) "Millwright" means a person who engages in
2-8 millwright work.
2-9 (6) "Millwright work" means the craft of installing,
2-10 dismantling, maintaining, fabricating, repairing, loading, and
2-11 unloading certain precision machinery, including: industrial
2-12 machinery, conveyors, monorail systems, power generation equipment,
2-13 machinery used in the petrochemical industry, machine tools, metal
2-14 breaks, and pumps, including bases and alignment of a coupling.
2-15 (7) "Person" includes an individual, sole
2-16 proprietorship, partnership, or corporation.
2-17 SECTION 2. LICENSE REQUIREMENT. A person may not engage in
2-18 carpentry or millwright work for compensation without the
2-19 appropriate license issued under this Act.
2-20 SECTION 3. POWERS AND DUTIES OF DEPARTMENT AND COMMISSIONER.
2-21 (a) The commissioner shall adopt rules for:
2-22 (1) the licensing of carpenters and millwrights in
2-23 this state; and
2-24 (2) the practice of carpentry and millwright work by
2-25 the holder of a work permit under this Act.
2-26 (b) The department shall:
2-27 (1) prescribe application forms for an original
3-1 license, a renewal license, and a work permit;
3-2 (2) set application, examination, license, and work
3-3 permit fees in amounts reasonable and necessary to defray the
3-4 costs of the administration of this Act; and
3-5 (3) take other action as necessary to enforce this
3-6 Act.
3-7 SECTION 4. EXAMINATION. (a) At times and places designated
3-8 by the department, the department shall examine an applicant for a
3-9 license under this Act as a journeyman or master carpenter or a
3-10 journeyman or master millwright.
3-11 (b) The department shall prescribe the contents of each
3-12 examination. The examination must consist of a written examination
3-13 and a practical demonstration by the applicant of certain skills
3-14 appropriate to the license. The department shall determine
3-15 standards for acceptable performance on the examination.
3-16 (c) An applicant for a journeyman carpenter or journeyman
3-17 millwright license must demonstrate knowledge and skill in the
3-18 practical performance of the appropriate trade.
3-19 (d) An applicant for a master carpenter or a master
3-20 millwright license must demonstrate:
3-21 (1) skill in the planning and supervision and in the
3-22 practical performance appropriate to the license; and
3-23 (2) familiarity with codes, rules, ordinances, and
3-24 other legal requirements relating to the practice under the
3-25 license, including knowledge and application of Occupational Safety
3-26 and Health Administration safety regulations.
3-27 (e) If requested by a person who fails the examination, the
4-1 department shall provide to the person an analysis of the person's
4-2 performance on the examination.
4-3 SECTION 5. EXPERIENCE REQUIREMENTS FOR JOURNEYMAN AND MASTER
4-4 CARPENTER LICENSE. (a) An applicant for a journeyman carpenter
4-5 license must present evidence satisfactory to the department that
4-6 the applicant has at least four years of experience in the
4-7 practical performance of carpentry. The department may not
4-8 consider experience claimed by the applicant before the applicant's
4-9 17th birthday.
4-10 (b) An applicant for a master carpenter license must present
4-11 evidence satisfactory to the department that the applicant has at
4-12 least six years of experience in the practical performance of
4-13 carpentry.
4-14 SECTION 6. EXPERIENCE REQUIREMENTS FOR JOURNEYMAN AND MASTER
4-15 MILLWRIGHT LICENSE. (a) An applicant for a journeyman millwright
4-16 license must present evidence satisfactory to the department that
4-17 the applicant has at least four years of experience in the
4-18 practical performance of millwright work. The department may not
4-19 consider experience claimed by the applicant before the applicant's
4-20 17th birthday.
4-21 (b) An applicant for a master millwright license must
4-22 present evidence satisfactory to the department that the applicant
4-23 has at least six years of experience in the practical performance
4-24 of millwright work.
4-25 SECTION 7. LICENSE REQUIREMENTS. (a) An applicant for a
4-26 license must submit an application prescribed by the department
4-27 accompanied by a nonrefundable application fee and a nonrefundable
5-1 bonding fee of $75.
5-2 (b) The department shall issue a license to an applicant
5-3 who:
5-4 (1) meets the application requirements prescribed by
5-5 this Act and by rule;
5-6 (2) passes the appropriate licensing examination; and
5-7 (3) pays the application, examination, licensing, and
5-8 bonding fees.
5-9 (c) A license issued under this Act shall be in a form
5-10 prescribed by the department.
5-11 (d) A license issued under this Act is valid throughout this
5-12 state.
5-13 (e) A license issued under this Act is not assignable or
5-14 transferable.
5-15 SECTION 8. METHODS FOR OBTAINING EXPERIENCE. (a) A person
5-16 who wishes to receive a journeyman carpenter or millwright license
5-17 but who does not meet the experience requirements under Section 5
5-18 or 6 of this Act must do one of the following to obtain the
5-19 required experience:
5-20 (1) practice as a carpenter or millwright under a work
5-21 permit issued under Section 9 of this Act; or
5-22 (2) satisfactorily complete an educational program
5-23 offered by a carpenter or millwright educational facility approved
5-24 by:
5-25 (A) the Bureau of Apprenticeship and Training of
5-26 the United States Department of Labor;
5-27 (B) the Central Education Agency; or
6-1 (C) the Texas Higher Education Coordinating
6-2 Board.
6-3 (b) The commissioner shall adopt rules for the acceptance of
6-4 the experience obtained under this section.
6-5 SECTION 9. WORK PERMIT. (a) The department shall issue a
6-6 work permit to a person on the application of the person and the
6-7 payment of an application fee set by the department.
6-8 (b) The holder of a work permit issued under this section
6-9 may only work under the supervision of a journeyman or master
6-10 license holder under this Act in the manner provided by rules
6-11 adopted by the commissioner.
6-12 (c) A work permit issued under this section is valid for two
6-13 years and may be renewed in the same manner as a license under
6-14 Section 10 of this Act.
6-15 SECTION 10. LICENSE RENEWAL. (a) A license is valid for
6-16 two years and may be renewed on payment of the required renewal
6-17 fee.
6-18 (b) If a license holder fails to renew the license by the
6-19 required date, to renew the license the license holder must pay a
6-20 late renewal fee set by the department. If the license is not
6-21 renewed before the first anniversary of the date that the license
6-22 expired, the license holder must take the appropriate current
6-23 licensing examination administered by the department to obtain a
6-24 new license.
6-25 SECTION 11. DENIAL, SUSPENSION, REVOCATION, OR REINSTATEMENT
6-26 OF LICENSE. (a) The department may deny, suspend, revoke, or
6-27 reinstate a license or work permit.
7-1 (b) The commissioner by rule shall establish the grounds for
7-2 denial, suspension, revocation, or reinstatement of a license and
7-3 the procedures for disciplinary actions.
7-4 (c) Proceedings relating to the suspension or revocation of
7-5 a license issued under this Act are subject to the Administrative
7-6 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
7-7 Civil Statutes).
7-8 (d) A person whose license has been revoked may not apply
7-9 for a new license until the expiration of two years from the date
7-10 of the revocation.
7-11 SECTION 12. PENALTY. (a) A person commits an offense if
7-12 the person practices carpentry or millwright work for compensation
7-13 without a license or work permit issued under this Act.
7-14 (b) An offense under this section is a Class C misdemeanor.
7-15 SECTION 13. TRANSITION. (a) A person is not required to
7-16 obtain a license under this Act until February 1, 1994.
7-17 (b) A person who provides satisfactory evidence to the
7-18 department of any of the following shall be licensed on payment of
7-19 the appropriate licensing fees without taking the examination
7-20 required by Section 4 of this Act:
7-21 (1) status as a journeyman carpenter or millwright on
7-22 the effective date of this Act;
7-23 (2) four years of experience as a carpenter or
7-24 millwright on the effective date of this Act; or
7-25 (3) completion of a registered apprenticeship as a
7-26 carpenter or millwright on the effective date of this Act.
7-27 (c) The commissioner shall adopt rules under Section 3(a) of
8-1 this Act not later than December 1, 1993.
8-2 (d) This section expires February 2, 1996.
8-3 SECTION 14. EFFECTIVE DATE. This Act takes effect September
8-4 1, 1993, except that Sections 2 and 12 of this Act take effect
8-5 February 1, 1994.
8-6 SECTION 15. Emergency. The importance of this legislation
8-7 and the crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended.