SRC-TNM S.B. 761 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 761
By: Gallegos
State Affairs
4-7-97
As Filed


DIGEST 

Currently, some contractors cost the state revenues for non-payment of
appropriate taxes, not providing adequate protection for their workers,
and protecting the property owners for whom they have worked.  A
significant number of contractors have also not been in compliance with
National and Municipal Building Codes regarding life fire safety
requirements.  S.B. 761 outlines provisions and provides penalties
regarding the regulation of wall & ceiling contractors. 

PURPOSE

As proposed, S.B. 761 outlines provisions and provides penalties regarding
the regulation of wall & ceiling contractors. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Wall & Ceiling
Contractors Advisory Board under SECTION 2(e), the commissioner of
licensing and registration under SECTION 3(b) and the Texas Commission of
Licensing and Registration under SECTION 5 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. DEFINITIONS. Defines "board," "commission," "commissioner,"
"department," "exterior cold-formed metal framing system," "interior
light-gage framing system," "drywalling," "acoustical ceilings," and "wall
& ceiling contractor." 

SECTION 2. WALL & CEILING CONTRACTORS ADVISORY BOARD.  Provides that the
Wall & Ceiling Contractors Advisory Board (board) is established as an
advisory board to the Texas Department of Licensing and Registration
(department).  Sets forth the composition of the board. Sets forth
requirements and outlines provisions regarding removal of a board member
and board meetings.  Requires the board to advise the commissioner of
licensing and regulation in adopting rules, setting fees or establishing
registration renewal requirements, and enforcing and administering this
Act.  Provides that a member is not entitled to compensation and
reimbursement of members for expenses incurred for service on the board is
subject to Section 4, Article 5252-33, V.T.C.S. 

SECTION 3. ISSUANCE OF CERTIFICATE OF REGISTRATION; RULES. Sets forth
requirements regarding the issuance of a certificate of registration to an
applicant for registration as a wall & ceiling contractor.  Provides that
a certificate of registration issued under this Act is valid for one year
from the date of issuance. 

SECTION 4. REGISTRATION REQUIREMENTS. Sets forth registration requirements.

SECTION 5. FEES. Requires the Texas Commission of Licensing and Regulation
(commission), by rule, to set eight application and registration fees
under this Act. 

SECTION 6. REGISTRATION RENEWAL; CONTINUING EDUCATION. Sets forth
requirements and outlines provisions regarding registration renewal. 

SECTION 7. COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS. Requires the
commissioner to enforce this Act.  Requires the department to investigate
allegations of violations  of this Act.  Authorizes the department to
enter any place of business or other establishment at which alleged
illegal activity occurs during reasonable hours and without advance
notice. 

SECTION 8. SUSPENSION, REVOCATION, AND RENEWAL OF REGISTRATION;
REISSUANCE. Sets forth requirements and outlines provisions regarding the
suspension, revocation, renewal, and reissuance of registration.   

SECTION 9. PROHIBITED ACTS. Prohibits a person from engaging in certain
installations, unless the person is registered as a wall & ceiling
contractor. 

SECTION 10. OFFENSE; ADMINISTRATIVE PENALTY. Provides that a person
commits a Class A misdemeanor if the person knowingly or intentionally
acts as a wall & ceiling contractor without a certificate of registration
under this Act.  

SECTION 11. TRANSITION. Requires the commissioner to designate three
members for terms expiring on February 1, 1998, and three members for
terms expiring on February 1, 1999, in making the initial appointments to
the board. 

SECTION 12. Effective date: September 1, 1997.
  Effective date for Sections 9 and 10: March 1, 1998.

SECTION 13. Emergency clause.