BILL ANALYSIS
H.B. 1655
By: Goolsby
4-26-95
Committee Report (Amended)
BACKGROUND
In the past, many contractors have cost the State revenues for non-payment of appropriate taxes, and insurance while at the same time
not providing adequate protection for their workers and protecting
the property owners by whom they were employed. Many of these
contractors also were not in compliance with National and Municipal
Building Codes with regard to certain fire and safety requirements.
Texas is prepared by all accounts to experience continued growth in
many sectors of our economy, including the construction trades. It
is imperative that we act now to protect the consumer.
PURPOSE
HB 1655 would establish the Plastering Contractors Advisory Board,
and provide for the registration of plastering contractors. HB
1655 would also establish the requirements for registration,
renewal, continuing education as well as suspension, and revocation
of plastering contractors. It establishes prohibited acts and
provides for administrative penalty.
RULEMAKING AUTHORITY
HB 1655 provides additional authority in SECTION 2, to the
Commissioner of Licensing and Regulation to make appointments to
the Plastering Contractors Advisory Board. SECTION 2, also gives
the Board authority to advise the commissioner in adopting rules
for this act. SECTION 3 requires the commissioner to adopt rules
relating to issuance of a certificate or registration as provided
by this act. SECTION 5 allows the commissioner by rule to set
application and registration fees. SECTION 6, allows the
commissioner authority to approve subjects for classroom continuing
study necessary for renewal.
SECTION BY SECTION ANALYSIS
SECTION 1: Definitions in the Act
SECTION 2: Plastering Contractors Advisory Board- Provides for a
Plastering Contractors Advisory Board made up of contractors and
professionals from the general public familiar with the plaster
industry to advise the Commission and the Commissioner of the Texas
Department of Licensing and Regulations in the adopting of rules,
setting fees, establishing registration renewal requirements,
enforcing and administering the Act.
SECTION 3: Authorizes the Commission to adopt rules relating to
the registration, prescribe the forms to be used and issue a
registration to those applicants who possess the qualifications.
SECTION 4: States the Requirements for obtaining a License under
the Act:
A. Payment of the application and license fee. B. Show evidence
of financial responsibility by posting a bond in amount prescribed.
C. Provide proof of the coverage of insurance for workers'
compensation coverage on an equivalent certificate and of general
liability insurance.
SECTION 5: Authorizes the Commission by rule to set the
Registration fees under the Act.
SECTION 6: Authorizes the Commissioner and Staff to set up a
program for renewals and continuing education for the Registration
or Certificates.
SECTION 7: Authorizes the Commissioner and Staff of the Department
to enforce the Act.
SECTION 8: Sets the rules for suspension, revocation, renewal or
reissuance of the Registration.
SECTION 9: Prohibits a corporation, partnership or an individual
from engaging in metal lathing, plastering, applying EIFS or
fireproofing for compensation unless they hold a Registration.
SECTION 10: Sets the administrative penalties for violating the
Act.
SECTION 11: TRANSITION. Deals with initial appointment to the
Advisory Board, and expiration of initial terms.
SECTION 12: Effective Sept. 1, 1995. Registration required and
penalties in effect on March 1,1996.
SECTION 13: Emergency clause.
EXPLANATION OF AMENDMENTS
Committee amendment #1 amends SECTION 1, Subsection (7) by adding
that this definition does not apply to taping, floating, or
repairing sheetrock. The amendment also amends SECTION 9, by
adding "except as provided by Subsection (c), a". SECTION 9 is
further amended by adding a new Subsection (c) and (d) to state
that the requirements under Subsection (a) does not apply to a
person who performs contracting if, the person is a maintenance man
or maintenance engineer who is an employee of the property owner,
lessee, or management company, or (2) the work is in connection
with the business in which the person is employed, and if the
person and the employer do not engage in the occupation of
plastering contracting to the general public. Also provides that
work described in Subsection (c) of this act remains subject to any
permit, inspection, or approval requirements prescribed by a
municipal ordinance.
SUMMARY OF COMMITTEE ACTION
HB 1655 was heard in a Public Hearing on April 11, 1995. The Chair
laid out HB 1655 and recognized the author Rep. Goolsby to explain
the bill. Rep. Jones offered a committee amendment to HB 1655, and
moved adoption of committee amendment #1. There was no objection.
The Chair recognized the following persons to testify in favor of
the bill:
Mr. Michael R. Boyd, Ray Boyd Construction Systems, Texas
Bureau;
Mr. Bradley Baker, Plaster Contractor, Tx. Lathing and
Plastering Contractors Assn.;
Mr. Steve Spillman, Lath, Plaster, Drywall, Spray Fireproofing
Contractor.
The Chair recognized the following persons to testify as a Resource
Witness, registering neutral on the bill:
Ms. Lora H. Williams, Dep. Exec. Dir., Tx. Dept. of Licensing
and Regulation;
The Chair recognized the following persons to testify on,
registering neutral on the bill:
Mr. David Mintz, Texas Apartment Assn.;
The Chair recognized Rep. Goolsby to close. The Chair recognized
members for questions. HB 1655 was left pending in committee.
There was no objection. HB 1655 was considered in a Public Hearing
on April 26, 1995. Rep. Goolsby moved to call up HB 1655 as
amended, which was pending in committee. There was no objection.
The Chair laid out HB 1655, and recognized Rep. Goolsby. Rep.
Goolsby moved that the full committee adopt HB 1655 as amended, and
that it be reported favorably to the full House with the
recommendation that it do pass and be printed. The motion
prevailed by the following vote: AYES: 6, NAYS: 3, ABSENT: 0.