75R9826 JMM-F
By Goolsby H.B. No. 37
Substitute the following for H.B. No. 37:
By Goolsby C.S.H.B. No. 37
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of plastering contractors; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Board" means the Plastering Contractors Advisory
1-7 Board.
1-8 (2) "Commission" means the Texas Commission of
1-9 Licensing and Regulation.
1-10 (3) "Commissioner" means the commissioner of licensing
1-11 and regulation.
1-12 (4) "Department" means the Texas Department of
1-13 Licensing and Regulation.
1-14 (5) "Exterior insulation finish system" means a
1-15 non-load-bearing, barrier wall, exterior cladding system that is
1-16 applied over insulation board and glass fiber reinforcing mesh with
1-17 both a base coat and a textured protective finish coat.
1-18 (6) "Metal lathing" means the art or skill of
1-19 installing support framing, backing, and related trims to serve as
1-20 a substrate to receive plaster.
1-21 (7) "Plastering" means the art or skill of applying
1-22 various wet materials over surfaces to produce both interior and
1-23 exterior walls, ceilings, and other surfaces in the construction
1-24 and remodeling of residential and commercial structures. The term
2-1 does not include taping, floating, installing, texturing, repairing
2-2 sheet rock or applying acoustical material.
2-3 (8) "Plastering contractor" means a person who engages
2-4 in metal lathing, plastering, spray fireproofing, or the
2-5 application of an exterior insulation finish system for which the
2-6 person is required to hold a certificate of registration under this
2-7 Act.
2-8 (9) "Spray fireproofing" means the art or skill of
2-9 applying various materials to enhance the fire resistance of the
2-10 structural elements of a building.
2-11 (10) "Person" means an individual, partnership, or
2-12 corporation.
2-13 SECTION 2. PLASTERING CONTRACTORS ADVISORY BOARD. (a) The
2-14 Plastering Contractors Advisory Board is established as an advisory
2-15 board to the department. The board is composed of six members
2-16 appointed by the commissioner. A member holds office for a term of
2-17 two years, with three members' terms expiring February 1 each year.
2-18 The commissioner shall designate a member to serve as the board's
2-19 presiding officer.
2-20 (b) Three of the members appointed under Subsection (a) of
2-21 this section must be plastering contractors eligible for a
2-22 certificate of registration under this Act who each have at least
2-23 10 years experience in the plaster industry. The remaining three
2-24 members of the board shall represent the general public but must be
2-25 familiar with the plaster industry, including persons who work as
2-26 architects, as general contractors, and in the field of insurance.
2-27 (c) The commissioner may remove a member of the board for
3-1 inefficiency or neglect of duty in office. If a vacancy occurs on
3-2 the board, the commissioner shall appoint a member who represents
3-3 the same interests as the former member to serve for the unexpired
3-4 term.
3-5 (d) The board shall meet at least twice each year at the
3-6 call of the presiding officer at the place designated by the
3-7 presiding officer. A decision of the board is not valid unless
3-8 supported by a majority of the members present at the meeting at
3-9 which the decision is made.
3-10 (e) The board shall advise the commissioner in adopting
3-11 rules, setting fees, establishing registration renewal
3-12 requirements, and enforcing and administering this Act.
3-13 (f) A member is not entitled to compensation. Reimbursement
3-14 of members for expenses incurred for service on the board is
3-15 subject to Section 4, Article 6252-33, Revised Statutes.
3-16 SECTION 3. ISSUANCE OF CERTIFICATE OF REGISTRATION; RULES.
3-17 (a) The commissioner shall issue a certificate of registration to
3-18 an applicant for registration as a plastering contractor who
3-19 possesses the qualifications for a certificate of registration
3-20 required by this Act or a rule adopted under this Act.
3-21 (b) The commissioner shall:
3-22 (1) adopt rules relating to issuing a certificate of
3-23 registration under this Act; and
3-24 (2) prescribe all forms required under this Act.
3-25 (c) A certificate of registration issued under this Act is
3-26 valid for one year from the date of issuance.
3-27 SECTION 4. REGISTRATION REQUIREMENTS. (a) To qualify for a
4-1 certificate of registration under this Act, a person must apply on
4-2 a form prescribed by the commissioner and pay any application and
4-3 registration fees required by the commission. The applicant must
4-4 show evidence of financial responsibility by posting a bond in an
4-5 amount prescribed by the commissioner.
4-6 (b) An applicant under this Act shall provide proof that the
4-7 person is covered by insurance by presenting a copy of the person's
4-8 certificate of workers' compensation coverage or an alternative
4-9 certificate and proof of the person's general liability insurance
4-10 coverage. Proof of insurance coverage under this section must
4-11 include:
4-12 (1) the policy number and name of the insurer;
4-13 (2) the amounts of coverage;
4-14 (3) the effective date and expiration date of the
4-15 coverage; and
4-16 (4) the signature of the insurance agent providing
4-17 coverage.
4-18 (c) An application under this section must be notarized and
4-19 contain the applicant's state identification number, if any, sales
4-20 tax number, and Internal Revenue Service employer identification
4-21 number.
4-22 (d) The business name used by an applicant under this
4-23 section must be the same on all documents included with the
4-24 application.
4-25 (e) The applicant shall provide the applicant's telephone
4-26 number and mailing address. The applicant shall also provide the
4-27 address where the applicant is physically located if different from
5-1 the mailing address.
5-2 (f) If the applicant is a partnership or corporation, the
5-3 application must include:
5-4 (1) the name of each owner of the applicant firm; and
5-5 (2) the name and signature of the individual who filed
5-6 the application for the firm.
5-7 SECTION 5. FEES. The commission by rule shall set
5-8 application and registration fees under this Act.
5-9 SECTION 6. REGISTRATION RENEWAL; CONTINUING EDUCATION. (a)
5-10 A person holding a certificate of registration may renew the
5-11 certificate by:
5-12 (1) completing the renewal application form prescribed
5-13 by the commissioner;
5-14 (2) paying the renewal fee set by the commission;
5-15 (3) providing a new bond or a continuation certificate
5-16 for the existing bond that satisfies the requirements of Section
5-17 4(a) of this Act regarding evidence of financial responsibility;
5-18 (4) providing proof that the person satisfies the
5-19 workers' compensation insurance and liability insurance coverage
5-20 requirements under Section 4(b) of this Act; and
5-21 (5) providing proof that the person has satisfied the
5-22 continuing education and other renewal requirements adopted by the
5-23 commissioner.
5-24 (b) To renew a certificate of registration under this
5-25 section, the person must present evidence that the person has
5-26 successfully completed not less than 10 hours of classroom study in
5-27 subjects required by the commissioner during the 12 months
6-1 preceding the date of renewal.
6-2 (c) A holder of a certificate of registration under this Act
6-3 who fails to renew the certificate before the date the registration
6-4 expires must pay a late fee set by the commission in addition to
6-5 the other renewal requirements of this section.
6-6 SECTION 7. COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS.
6-7 (a) The commissioner shall enforce this Act.
6-8 (b) The department shall investigate allegations of
6-9 violations of this Act. The department may enter any place of
6-10 business or other establishment at which alleged illegal activity
6-11 occurs during reasonable business hours and without advance notice.
6-12 SECTION 8. SUSPENSION, REVOCATION, AND RENEWAL OF
6-13 REGISTRATION; REISSUANCE. (a) After a hearing, the commissioner
6-14 shall suspend or revoke a certificate of registration on a finding
6-15 that a person:
6-16 (1) made a material misstatement in an application for
6-17 a certificate of registration;
6-18 (2) wilfully disregarded or violated this Act or a
6-19 rule adopted under this Act;
6-20 (3) wilfully aided or abetted another in the violation
6-21 of this Act or a rule adopted under this Act;
6-22 (4) was convicted for a crime an essential element of
6-23 which is misstatement, fraud, or dishonesty, or a felony; or
6-24 (5) engaged in dishonorable or unethical conduct
6-25 likely to deceive, defraud, or harm the public.
6-26 (b) The commissioner may reissue a certificate of
6-27 registration to a person whose certificate of registration has been
7-1 revoked if the person applies in writing to the department and
7-2 shows good cause to justify reissuing the certificate of
7-3 registration.
7-4 SECTION 9. PROHIBITED ACTS. (a) Except as provided by
7-5 Subsection (c) of this section, a person may not engage in metal
7-6 lathing, plastering, spray fireproofing, or the application of an
7-7 exterior insulation finish system for compensation unless the
7-8 person holds a plastering contractor certificate of registration
7-9 under this Act.
7-10 (b) A person may not bid on or accept a prime contract to
7-11 engage in metal lathing, plastering, spray fireproofing, or the
7-12 application of an exterior insulation finish system unless the
7-13 person is registered as a plastering contractor under this Act.
7-14 (c) Subsection (a) of this section does not apply to a
7-15 person who performs plastering contracting if:
7-16 (1) the person is a maintenance worker or maintenance
7-17 engineer who is a bona fide employee of the property owner, the
7-18 property lessee, or the management company managing the property
7-19 where the maintenance work is being performed;
7-20 (2) the work is performed in connection with the
7-21 business in which the person is employed; and
7-22 (3) the person and the person's employer do not engage
7-23 in the occupation of plastering contracting for the general public.
7-24 (d) A person exempt from the registration requirements
7-25 imposed under this Act by Subsection (c) of this section may be
7-26 subject to any permit, inspection, or approval requirements
7-27 prescribed by a municipal ordinance.
8-1 SECTION 10. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person
8-2 commits an offense if the person knowingly or intentionally acts as
8-3 a plastering contractor without a certificate of registration under
8-4 this Act. An offense under this subsection is a Class C
8-5 misdemeanor.
8-6 (b) A person who violates this Act or a rule adopted under
8-7 this Act is subject to an administrative penalty assessed by the
8-8 commission as provided by Section 17, Article 9100, Revised
8-9 Statutes.
8-10 SECTION 11. TRANSITION. In making the initial appointments
8-11 to the Plastering Contractors Advisory Board, the commissioner
8-12 shall designate three members for terms expiring on February 1,
8-13 1999, and three members for terms expiring on February 1, 2000.
8-14 SECTION 12. EFFECTIVE DATE. (a) Except as provided by
8-15 Subsection (b) of this section, this Act takes effect September 1,
8-16 1997.
8-17 (b) Sections 9 and 10 of this Act take effect March 1, 1998.
8-18 SECTION 13. EMERGENCY. The importance of this legislation
8-19 and the crowded condition of the calendars in both houses create an
8-20 emergency and an imperative public necessity that the
8-21 constitutional rule requiring bills to be read on three several
8-22 days in each house be suspended, and this rule is hereby suspended.