By Conley H.B. No. 1764
74R2168 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing of certain residential contractors;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. GENERAL PROVISIONS
1-6 SECTION 1.001. PURPOSE. It is the intent of the legislature
1-7 to improve the general welfare and safety of the citizens of this
1-8 state by regulating persons engaged in the vocation of residential
1-9 contracting and protecting the public against incompetent and
1-10 inexperienced contractors and the unlawful and fraudulent acts of
1-11 residential contractors.
1-12 SECTION 1.002. DEFINITIONS. In this Act:
1-13 (1) "Board" means the State Regulatory Board for
1-14 Residential Building Contractors.
1-15 (2) "Person" includes an individual, firm,
1-16 partnership, corporation, association, or other organization,
1-17 combination, or legal entity.
1-18 (3) "Residential contractor" means a person who, for
1-19 compensation, advertises or offers to undertake, offers a bid to
1-20 undertake, or otherwise engages in, the construction, remodeling,
1-21 repair, or improvement of a single-family dwelling or a duplex,
1-22 triplex, or fourplex residential building. The term includes a
1-23 construction manager who performs management and services on a
1-24 construction project for a fee.
2-1 SECTION 1.003. EXEMPTION. This Act does not apply to a
2-2 person who builds or improves a structure on the person's own
2-3 property for the person's own occupancy or use and who does not
2-4 offer the structure for sale or rent before the first anniversary
2-5 of the date of the completion of the building or improvement of the
2-6 structure.
2-7 ARTICLE 2. STATE REGULATORY BOARD
2-8 FOR RESIDENTIAL BUILDING CONTRACTORS
2-9 SECTION 2.001. BOARD. (a) The State Regulatory Board for
2-10 Residential Building Contractors is established. The board is
2-11 composed of nine members appointed by the governor. Board members
2-12 serve staggered six-year terms with the terms of three members
2-13 expiring on February 1 of each odd-numbered year.
2-14 (b) The members of the board are appointed as follows:
2-15 (1) four members must be residential contractors
2-16 licensed under this Act;
2-17 (2) one member must be a registered engineer who
2-18 practices structural engineering;
2-19 (3) one member must be a licensed architect; and
2-20 (4) three members must be representatives of the
2-21 general public.
2-22 (c) A person is not eligible for appointment as a public
2-23 member of the board if the person or the person's spouse:
2-24 (1) is registered, certified, or licensed by an
2-25 occupational regulatory agency in the field of construction;
2-26 (2) is employed by or participates in the management
2-27 of a business entity or other organization regulated by the board
3-1 or receiving funds from the board;
3-2 (3) owns or controls, directly or indirectly, more
3-3 than a 10 percent interest in a business entity or other
3-4 organization regulated by the board or receiving funds from the
3-5 board; or
3-6 (4) uses or receives a substantial amount of tangible
3-7 goods, services, or funds from the board, other than compensation
3-8 or reimbursement authorized by law for board membership,
3-9 attendance, or expenses.
3-10 (d) An officer, employee, or paid consultant of a Texas
3-11 trade association in the field of construction may not be a member
3-12 of the board and may not be an employee of the board who is exempt
3-13 from the state's position classification plan or is compensated at
3-14 or above the amount prescribed by the General Appropriations Act
3-15 for step 1, salary group 17, of the position classification salary
3-16 schedule.
3-17 (e) A person who is the spouse of an officer, manager, or
3-18 paid consultant of a Texas trade association in the field of
3-19 construction may not be a member of the board and may not be an
3-20 employee of the board who is exempt from the state's position
3-21 classification plan or is compensated at or above the amount
3-22 prescribed by the General Appropriations Act for step 1, salary
3-23 group 17, of the position classification salary schedule.
3-24 (f) For the purposes of this section, a Texas trade
3-25 association is a nonprofit, cooperative, and voluntarily joined
3-26 association of business or professional competitors in this state
3-27 designed to assist its members and its industry or profession in
4-1 dealing with mutual business or professional problems and in
4-2 promoting their common interest.
4-3 (g) A vacancy on the board shall be filled by appointment by
4-4 the governor of a person with the appropriate qualifications to
4-5 serve for the remainder of the term.
4-6 (h) Appointments to the board shall be made without regard
4-7 to the race, color, disability, sex, religion, age, or national
4-8 origin of the appointees.
4-9 (i) A member of the board may not serve more than one term.
4-10 (j) The State Regulatory Board for Residential Building
4-11 Contractors is subject to Chapter 325, Government Code (Texas
4-12 Sunset Act). Unless continued in existence as provided by that
4-13 chapter, the board is abolished and this Act expires September 1,
4-14 2007.
4-15 SECTION 2.002. GROUNDS FOR REMOVAL. (a) It is a ground for
4-16 removal from the board if a member:
4-17 (1) does not have at the time of appointment the
4-18 qualifications required by Section 2.001 of this Act;
4-19 (2) does not maintain during service on the board the
4-20 qualifications required by Section 2.001 of this Act;
4-21 (3) violates a prohibition established by Section
4-22 2.001 or 2.005 of this Act;
4-23 (4) cannot because of illness or disability discharge
4-24 the member's duties for a substantial part of the term for which
4-25 the member is appointed; or
4-26 (5) is absent from more than half of the regularly
4-27 scheduled board meetings that the member is eligible to attend
5-1 during a calendar year unless the absence is excused by majority
5-2 vote of the board.
5-3 (b) The validity of an action of the board is not affected
5-4 by the fact that it is taken when a ground for removal of a board
5-5 member exists.
5-6 (c) If the executive director has knowledge that a potential
5-7 ground for removal exists, the executive director shall notify the
5-8 presiding officer of the potential ground. The presiding officer
5-9 shall then notify the governor and the attorney general that a
5-10 potential ground for removal exists. If the potential ground for
5-11 removal involves the presiding officer, the executive director
5-12 shall notify the next highest officer of the board, who shall
5-13 notify the governor and the attorney general that a potential
5-14 ground for removal exists.
5-15 SECTION 2.003. OFFICERS; MEETINGS. (a) The board shall
5-16 elect annually from the membership of the board a presiding
5-17 officer, assistant presiding officer, and secretary-treasurer.
5-18 (b) The board shall meet at least annually and at other
5-19 times at the call of the presiding officer.
5-20 SECTION 2.004. BOARD POWERS AND DUTIES. (a) The board
5-21 shall adopt rules consistent with this Act for the administration
5-22 of this Act and for the operation of the board.
5-23 (b) The board shall adopt application, examination,
5-24 licensing, and renewal fees in amounts that are reasonable and
5-25 necessary to provide sufficient revenue to cover the costs of
5-26 administering this Act. The fees set by the board may be adjusted
5-27 so that the total fees collected are sufficient to meet the
6-1 expenses of administering this Act.
6-2 (c) The board may appoint an executive director and other
6-3 personnel as necessary for the administration of this Act.
6-4 SECTION 2.005. CONFLICT OF INTEREST. A person may not serve
6-5 as a member of the board or act as the general counsel to the board
6-6 if the person is required to register as a lobbyist under Chapter
6-7 305, Government Code, because of the person's activities for
6-8 compensation on behalf of a profession related to the operation of
6-9 the board.
6-10 SECTION 2.006. ANNUAL FISCAL REPORT. The board shall
6-11 prepare annually a complete and detailed written report accounting
6-12 for all funds received and disbursed by the board during the
6-13 preceding fiscal year. The annual report must meet the reporting
6-14 requirements applicable to financial reporting provided in the
6-15 General Appropriations Act.
6-16 SECTION 2.007. PERSONNEL POLICIES. (a) The executive
6-17 director or the executive director's designee shall develop an
6-18 intra-agency career ladder program that addresses opportunities for
6-19 mobility and advancement for employees within the board. The
6-20 program shall require intra-agency posting of all positions
6-21 concurrently with any public posting.
6-22 (b) The executive director or the executive director's
6-23 designee shall develop a system of annual performance evaluations
6-24 that are based on documented employee performance. All merit pay
6-25 for board employees must be based on the system established under
6-26 this subsection.
6-27 (c) The board shall develop and implement policies that
7-1 clearly separate the policymaking responsibilities of the board and
7-2 the management responsibilities of the executive director and the
7-3 staff of the board.
7-4 SECTION 2.008. PUBLIC INTEREST INFORMATION. (a) The board
7-5 shall prepare information of public interest describing the
7-6 functions of the board and the procedures by which complaints are
7-7 filed with and resolved by the board. The board shall make the
7-8 information available to the public and appropriate state agencies.
7-9 (b) The board by rule shall establish methods by which
7-10 consumers and service recipients are notified of the name, mailing
7-11 address, and telephone number of the board for the purpose of
7-12 directing complaints to the board. The board may provide for that
7-13 notification:
7-14 (1) on each registration form, application, or written
7-15 contract for services of a person regulated under this Act;
7-16 (2) on a sign prominently displayed in the place of
7-17 business of each person regulated under this Act; and
7-18 (3) in a bill for service provided by a person
7-19 regulated under this Act.
7-20 (c) The board shall develop materials and programs to
7-21 educate the public concerning the licensing requirements imposed
7-22 under this Act, the need of the public to conduct business only
7-23 with a licensed residential building contractor, and the methods
7-24 for reporting unlicensed contracting activity.
7-25 SECTION 2.009. AGENCY FUNDS. All money paid to the board
7-26 under this Act is subject to Subchapter F, Chapter 404, Government
7-27 Code.
8-1 SECTION 2.010. COMPLAINTS. (a) The board shall keep
8-2 information about each complaint filed with the board. The
8-3 information shall include:
8-4 (1) the date the complaint is received;
8-5 (2) the name of the complainant;
8-6 (3) the subject matter of the complaint;
8-7 (4) a record of all persons contacted in relation to
8-8 the complaint;
8-9 (5) a summary of the results of the review or
8-10 investigation of the complaint; and
8-11 (6) for complaints for which the board did not take
8-12 action, an explanation of the reason the complaint was closed
8-13 without action.
8-14 (b) The board shall keep a file about each written complaint
8-15 filed with the board that the board has authority to resolve. The
8-16 board shall provide to the person filing the complaint and the
8-17 persons or entities complained about the board's policies and
8-18 procedures pertaining to complaint investigation and resolution.
8-19 The board, at least quarterly and until final disposition of the
8-20 complaint, shall notify the person filing the complaint and the
8-21 persons or entities complained about of the status of the complaint
8-22 unless the notice would jeopardize an undercover investigation.
8-23 SECTION 2.011. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
8-24 executive director or the executive director's designee shall
8-25 prepare and maintain a written policy statement to assure
8-26 implementation of a program of equal employment opportunity under
8-27 which all personnel transactions are made without regard to race,
9-1 color, disability, sex, religion, age, or national origin. The
9-2 policy statement must include:
9-3 (1) personnel policies, including policies relating to
9-4 recruitment, evaluation, selection, appointment, training, and
9-5 promotion of personnel that are in compliance with the requirements
9-6 of Chapter 21, Labor Code;
9-7 (2) a comprehensive analysis of the board workforce
9-8 that meets federal and state guidelines;
9-9 (3) procedures by which a determination can be made
9-10 about the extent of underuse in the board workforce of all persons
9-11 for whom federal or state guidelines encourage a more equitable
9-12 balance; and
9-13 (4) reasonable methods to appropriately address those
9-14 areas of underuse.
9-15 (b) A policy statement prepared under Subsection (a) of this
9-16 section must cover an annual period, be updated annually and
9-17 reviewed by the Commission on Human Rights for compliance with
9-18 Subsection (a)(1) of this section, and be filed with the governor's
9-19 office.
9-20 (c) The governor's office shall deliver a biennial report to
9-21 the legislature based on the information received under Subsection
9-22 (b) of this section. The report may be made separately or as a
9-23 part of other biennial reports made to the legislature.
9-24 SECTION 2.012. STANDARDS OF CONDUCT. The executive director
9-25 or the executive director's designee shall provide to members of
9-26 the board and to board employees, as often as necessary,
9-27 information regarding their qualification for office or employment
10-1 under this Act and their responsibilities under applicable laws
10-2 relating to standards of conduct for state officers or employees.
10-3 SECTION 2.013. PUBLIC ACCESS. (a) The board shall develop
10-4 and implement policies that provide the public with a reasonable
10-5 opportunity to appear before the board and to speak on any issue
10-6 under the jurisdiction of the board.
10-7 (b) The board shall comply with federal and state laws
10-8 related to program and facility accessibility. The executive
10-9 director shall also prepare and maintain a written plan that
10-10 describes how a person who does not speak English can be provided
10-11 reasonable access to the board's programs and services.
10-12 SECTION 2.014. OPEN MEETINGS; ADMINISTRATIVE PROCEDURE.
10-13 The board is subject to the open meetings law, Chapter 551,
10-14 Government Code, and the administrative procedures law, Chapter
10-15 2001, Government Code.
10-16 SECTION 2.015. BOARD MEMBER TRAINING. (a) Before a member
10-17 of the board may assume the member's duties and before the member
10-18 may be confirmed by the senate, the member must complete at least
10-19 one course of the training program established under this section.
10-20 (b) A training program established under this section shall
10-21 provide information to the member regarding:
10-22 (1) the enabling legislation that created the board to
10-23 which the member is appointed to serve;
10-24 (2) the programs operated by the board;
10-25 (3) the role and functions of the board;
10-26 (4) the rules of the board, with an emphasis on the
10-27 rules that relate to disciplinary and investigatory authority;
11-1 (5) the current budget for the board;
11-2 (6) the results of the most recent formal audit of the
11-3 board;
11-4 (7) the requirements of the:
11-5 (A) open meetings law, Chapter 551, Government
11-6 Code;
11-7 (B) open records law, Chapter 552, Government
11-8 Code; and
11-9 (C) administrative procedures law, Chapter 2001,
11-10 Government Code;
11-11 (8) the requirements of the conflict of interest laws
11-12 and other laws relating to public officials; and
11-13 (9) any applicable ethics policies adopted by the
11-14 board or the Texas Ethics Commission.
11-15 ARTICLE 3. LICENSE REQUIREMENTS
11-16 SECTION 3.001. LICENSE REQUIRED. (a) A person may not act
11-17 as a residential contractor in this state unless the person holds a
11-18 license issued under this Act. A partnership, corporation, or
11-19 other entity conducting business as a residential contractor must,
11-20 if the owner is not a license holder, employ an individual who
11-21 holds a license under this Act.
11-22 (b) An application for a permit in a jurisdiction where a
11-23 permit is required for the construction of a residence must include
11-24 the license number of the residential contractor.
11-25 (c) A political subdivision of the state may not require a
11-26 license for a residential contractor who is subject to the
11-27 requirements of this Act. This subsection does not apply to a
12-1 general business registration required by a political subdivision
12-2 for a person to conduct business in that political subdivision.
12-3 SECTION 3.002. LICENSE QUALIFICATIONS. (a) A person may
12-4 apply for a license under this Act by filing an application on a
12-5 form prescribed by the board. The application must be accompanied
12-6 by the application fee and examination fee.
12-7 (b) In determining the qualifications of an applicant, the
12-8 board shall consider the applicant's experience, ability,
12-9 character, financial condition, ability and willingness to protect
12-10 the public health and safety, and other pertinent information
12-11 required by the board. The board shall adopt an examination to
12-12 evaluate the qualifications considered under this subsection.
12-13 (c) The board shall issue a license to an applicant who
12-14 passes the examination under Subsection (b) of this section, pays
12-15 the license fee, and submits proof of financial ability as provided
12-16 by board rule.
12-17 (d) An applicant for a license whose application is rejected
12-18 by the board may reapply under this section on payment of the fees
12-19 required for an initial application. An applicant who fails the
12-20 examination under Subsection (b) of this section on three occasions
12-21 may not reapply before the first anniversary of the date of the
12-22 third failure.
12-23 (e) A license issued under this section expires on the
12-24 second anniversary of its date of issuance.
12-25 (f) The board shall maintain a record of each applicant for
12-26 a license under this section and the results of the applicant's
12-27 examination. A certified copy of the record under this subsection
13-1 may be furnished to an applicant on request on payment of a fee
13-2 adopted by the board that reasonably reflects the costs of
13-3 furnishing the record.
13-4 SECTION 3.003. LICENSE RENEWAL. (a) A person who is
13-5 otherwise eligible to renew a license may renew an unexpired
13-6 license by paying the required renewal fee to the board before the
13-7 expiration date of the license and submission of a renewal
13-8 application that includes a current audited financial statement
13-9 prepared on a form prescribed by the board, a bank reference, a
13-10 current credit report, and proof that the continuing education
13-11 requirements of the board have been satisfied. A person whose
13-12 license has expired may not engage in activities that require a
13-13 license until the license has been renewed under the provisions of
13-14 this section.
13-15 (b) If the person's license has been expired for 90 days or
13-16 less, the person may renew the license by paying to the board 1-1/2
13-17 times the required renewal fee.
13-18 (c) If the person's license has been expired for longer than
13-19 90 days but less than one year, the person may renew the license by
13-20 paying to the board two times the required renewal fee.
13-21 (d) If the person's license has been expired for one year or
13-22 longer, the person may not renew the license except as provided by
13-23 Subsection (e) of this section. The person may obtain a new
13-24 license by submitting to reexamination and complying with the
13-25 requirements and procedures for obtaining an original license.
13-26 (e) If the person was licensed in this state, moved to
13-27 another state, and is currently licensed and has been engaged in
14-1 residential contracting in the other state for the two years
14-2 preceding application, the person may renew an expired license
14-3 without reexamination. The person must pay to the board a fee that
14-4 is equal to two times the required renewal fee for the license.
14-5 (f) Not later than the 31st day preceding the expiration of
14-6 a person's license, the board shall send written notice of the
14-7 impending license expiration to the person at the person's last
14-8 known address according to the records of the board.
14-9 (g) The board by rule may adopt a system under which
14-10 licenses expire on various dates during the year. For the period
14-11 in which the license expiration date is changed, license fees shall
14-12 be prorated on a monthly basis so that each license holder pays
14-13 only that portion of the license fee that is allocable to the
14-14 number of months during which the license is valid. On renewal of
14-15 the license on the new expiration date, the total license renewal
14-16 fee is payable.
14-17 SECTION 3.004. EXAMINATION RESULTS. (a) Not later than the
14-18 30th day after the date on which a licensing examination is
14-19 administered under this Act, the board shall notify each examinee
14-20 of the results of the examination. However, if an examination is
14-21 graded or reviewed by a national testing service, the board shall
14-22 notify examinees of the results of the examination not later than
14-23 the 14th day after the date on which the board receives the results
14-24 from the testing service. If the notice of examination results
14-25 graded or reviewed by a national testing service will not be
14-26 received by the examiner before the 90th day after the examination
14-27 date, the board shall notify the examinee of the reason for the
15-1 delay before that date. The board may require a testing service to
15-2 notify examinees of the results of an examination.
15-3 (b) If requested in writing by a person who fails a
15-4 licensing examination administered under this Act, the board shall
15-5 furnish the person with an analysis of the person's performance on
15-6 the examination.
15-7 SECTION 3.005. DISCIPLINARY PROCEEDINGS. (a) The board
15-8 shall revoke, suspend, or refuse to renew a license, place on
15-9 probation a person whose license has been suspended, or reprimand a
15-10 license holder for a violation of this Act or a rule adopted under
15-11 this Act. If a license suspension is probated, the board may
15-12 require the license holder to:
15-13 (1) report regularly to the board on matters that are
15-14 the basis of the probation;
15-15 (2) limit practice to the areas prescribed by the
15-16 board; or
15-17 (3) continue or review professional education until
15-18 the license holder attains a degree of skill satisfactory to the
15-19 board in those areas that are the basis of the probation.
15-20 (b) If the board proposes to suspend, revoke, or refuse to
15-21 renew a person's license, the person is entitled to a hearing
15-22 conducted by the State Office of Administrative Hearings.
15-23 Proceedings for a disciplinary action are governed by the
15-24 administrative procedures law, Chapter 2001, Government Code.
15-25 Rules of practice adopted by the board under Section 2001.004,
15-26 Government Code, applicable to the proceedings for a disciplinary
15-27 action, may not conflict with rules adopted by the State Office of
16-1 Administrative Hearings.
16-2 (c) In addition to a disciplinary proceeding initiated for a
16-3 violation of this Act or a rule adopted under this Act, the board
16-4 may revoke, suspend, or refuse to renew a license, place on
16-5 probation a person whose license has been suspended, or reprimand a
16-6 license holder who:
16-7 (1) abandons the construction of a residence under a
16-8 contract without a legal excuse;
16-9 (2) wilfully or deliberately disregards or violates an
16-10 applicable building code of this state or a political subdivision
16-11 of this state;
16-12 (3) commits fraud or engages in deceit, gross
16-13 negligence, incompetency, or misconduct in the practice of
16-14 contracting; or
16-15 (4) diverts funds received for the completion of a
16-16 specific building project.
16-17 (d) In the case of a conflict between the board and a
16-18 license holder concerning the violation of this Act or a rule
16-19 adopted under this Act, the license holder may continue to work on
16-20 a project under construction if the license holder posts a bond in
16-21 an amount equal to 125 percent of the total amount, as determined
16-22 by the board, needed to satisfy the alleged violation.
16-23 SECTION 3.006. RESTRICTIONS ON RULES AFFECTING ADVERTISING;
16-24 ADVERTISING REQUIREMENTS. (a) The board may not adopt rules
16-25 restricting competitive bidding or advertising by a license holder
16-26 except to prohibit false, misleading, or deceptive practices.
16-27 (b) In its rules to prohibit false, misleading, or deceptive
17-1 practices, the board may not include a rule that:
17-2 (1) restricts the use of any medium for advertising;
17-3 (2) restricts the use of a license holder's personal
17-4 appearance or voice in an advertisement;
17-5 (3) relates to the size or duration of an
17-6 advertisement by the license holder; or
17-7 (4) restricts the license holder's advertisement under
17-8 a trade name.
17-9 (c) The license number of a residential contractor must
17-10 appear in any advertising by that contractor. Advertising in any
17-11 manner by an unlicensed residential contractor is prohibited,
17-12 including alphabetical or classified directory listings.
17-13 SECTION 3.007. CONTINUING EDUCATION. (a) The board shall
17-14 recognize, prepare, or administer a continuing education program
17-15 for its license holders. Participation in the continuing education
17-16 program by license holders is mandatory.
17-17 (b) The board shall require a license holder to provide
17-18 proof that the license holder has completed 15 hours of continuing
17-19 education during the two-year period preceding the date of the
17-20 application for renewal before the board may renew the license.
17-21 SECTION 3.008. LIMITATION ON RIGHT TO SUE. A residential
17-22 contractor who does not hold a license under this Act may not bring
17-23 an action to enforce the provisions of a contract for residential
17-24 building or residential specialty contracting that the contractor
17-25 entered into without holding a license required by this Act.
17-26 ARTICLE 4. INJUNCTION; PENALTIES
17-27 SECTION 4.001. INJUNCTION; CIVIL PENALTY. At the request of
18-1 the board, the attorney general shall bring an action in the name
18-2 of the state for an injunction or to collect a civil penalty for a
18-3 violation of this Act.
18-4 SECTION 4.002. CRIMINAL PENALTY. (a) A person commits an
18-5 offense if the person undertakes or attempts to undertake the
18-6 construction, remodeling, repair, or improvement of a building in
18-7 violation of this Act or knowingly presents to the board false
18-8 information to obtain a license under this Act.
18-9 (b) An offense under this section is a Class A misdemeanor.
18-10 ARTICLE 5. TRANSITION; EFFECTIVE DATE; EMERGENCY
18-11 SECTION 5.001. TRANSITION. (a) In making the initial
18-12 appointments to the State Regulatory Board for Residential
18-13 Contractors, the governor shall appoint:
18-14 (1) two persons eligible to be licensed under this Act
18-15 as residential contractors and one public member to serve terms
18-16 expiring February 1, 1997;
18-17 (2) one person eligible to be licensed under this Act
18-18 as a residential contractor, one registered engineer member, and
18-19 one public member to serve terms expiring February 1, 1999; and
18-20 (3) one person eligible to be licensed under this Act
18-21 as a residential contractor, one licensed architect member, and one
18-22 public member to serve terms expiring February 1, 2001.
18-23 (b) The board shall issue a temporary license to a
18-24 residential contractor that the board determines to be a reputable
18-25 contractor on submission of proof that the contractor has completed
18-26 five residential construction projects in the two-year period
18-27 preceding the date of application for a temporary license and
19-1 submission of three notarized client references and one reference
19-2 from a financial institution that includes a current credit report
19-3 for the applicant. A temporary license is valid for one year from
19-4 the date of issuance. The holder of a temporary license may apply
19-5 for a license under this Act in the same manner that a person
19-6 applies for a renewal license. This subsection expires September
19-7 1, 1997.
19-8 (c) The board shall adopt rules under this Act not later
19-9 than December 31, 1995.
19-10 SECTION 5.002. EFFECTIVE DATE. (a) Except as provided by
19-11 Subsection (b) of this section, this Act takes effect September 1,
19-12 1995.
19-13 (b) Sections 3.001(a) and 4.002 of this Act take effect
19-14 March 1, 1996.
19-15 SECTION 5.003. EMERGENCY. The importance of this
19-16 legislation and the crowded condition of the calendars in both
19-17 houses create an emergency and an imperative public necessity that
19-18 the constitutional rule requiring bills to be read on three several
19-19 days in each house be suspended, and this rule is hereby suspended.