75R10851 BEM-F
By Garcia H.B. No. 2135
Substitute the following for H.B. No. 2135:
By Yarbrough C.S.H.B. No. 2135
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of wall and ceiling contractors;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 20, Title 132, Revised Statutes, is
1-6 amended by adding Article 9025 to read as follows:
1-7 Art. 9025. WALL AND CEILING CONTRACTORS
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Acoustical ceiling construction" means the
1-10 construction of suspended acoustical ceiling systems.
1-11 (2) "Board" means the Texas State Wall and Ceiling
1-12 Contractors Advisory Board.
1-13 (3) "Commission" means the Texas Commission of
1-14 Licensing and Regulation.
1-15 (4) "Commissioner" means the commissioner of licensing
1-16 and regulation.
1-17 (5) "Department" means the Texas Department of
1-18 Licensing and Regulation.
1-19 (6) "Drywalling" means the construction of interior
1-20 and exterior gypsum board products.
1-21 (7) "Exterior cold-forming metal framing system" means
1-22 the construction of a curtain wall or load-bearing exterior wall
1-23 framed with light-gage metal for gypsum board systems.
1-24 (8) "Interior light-gage framing system" means the
2-1 construction of interior walls and ceiling framed with light-gage
2-2 metal for gypsum board systems.
2-3 (9) "Wall and ceiling contracting" means performing or
2-4 offering to perform the prime contracting of the construction,
2-5 alteration, or modification of light-gage framing, drywall, or
2-6 acoustical products or systems.
2-7 (10) "Wall and ceiling contractor" or "wall and
2-8 ceiling company" means a person, corporation, partnership, or other
2-9 entity that has the skill and expertise to enter into a prime
2-10 contract for the construction of wall or ceiling systems.
2-11 Sec. 2. WALL AND CEILING CONTRACTORS ADVISORY BOARD.
2-12 (a) The Texas State Wall and Ceiling Contractors Advisory Board is
2-13 established as an advisory board to the department. The board is
2-14 composed of six members appointed by the commissioner. A member
2-15 holds office for a term of two years, with three members' terms
2-16 expiring on February 1 of each year. The commissioner shall
2-17 designate a member to serve as the board's presiding officer.
2-18 (b) Three of the members appointed under Subsection (a) of
2-19 this section must be wall and ceiling contractors eligible for a
2-20 certificate of registration under this article who each have at
2-21 least 10 years' experience in the wall and ceiling industry and
2-22 represent the residential, multi-family, and commercial sector.
2-23 The remaining three members of the board shall represent the
2-24 general public.
2-25 (c) The commissioner may remove a member of the board for
2-26 inefficiency or neglect of duty once in office. If a vacancy
2-27 occurs on the board, the commissioner shall appoint a member who
3-1 represents the same interests as the former member to serve for the
3-2 unexpired term.
3-3 (d) The board shall meet at least once every six months and
3-4 may meet at other times. The board shall meet at the call of the
3-5 commissioner and at a place designated by the board in this state.
3-6 A decision of the board is not valid unless a majority of the
3-7 members present at the meeting in which the decision is made vote
3-8 in favor of the decision.
3-9 (e) The board shall advise the commissioner in adopting
3-10 rules, setting fees, establishing registration renewal
3-11 requirements, and in enforcing and administering this article.
3-12 (f) A member is not entitled to compensation. Reimbursement
3-13 of members for expenses incurred for service on the board is
3-14 subject to Section 4, Article 6252-33, Revised Statutes.
3-15 Sec. 3. ISSUANCE OF CERTIFICATE OF REGISTRATION; RULES. (a)
3-16 The commissioner shall issue a certificate of registration to an
3-17 applicant for registration as a wall and ceiling contractor who
3-18 possesses the qualifications for a certificate of registration
3-19 required by this article or a rule adopted under this article.
3-20 (b) The commissioner shall:
3-21 (1) adopt rules relating to issuing a certificate of
3-22 registration under this article; and
3-23 (2) prescribe all forms required under this article.
3-24 Sec. 4. REGISTRATION REQUIREMENTS. (a) An applicant under
3-25 this article shall provide proof that the person is covered by
3-26 general liability insurance. Proof of insurance coverage under
3-27 this section must include:
4-1 (1) the policy number and name of insurer;
4-2 (2) the amount of coverage;
4-3 (3) the effective date and expiration date of the
4-4 coverage;
4-5 (4) a description of the coverage; and
4-6 (5) any signature of the insurance agent providing
4-7 cancellation clause application to the coverage.
4-8 (b) An applicant under this article shall provide proof that
4-9 the person is covered by workers' compensation insurance or an
4-10 alternative certificate.
4-11 (c) An application under this section must be notarized and
4-12 contain the applicant's state identification number, sales tax
4-13 number, and Internal Revenue Service employer identification
4-14 number.
4-15 (d) The business name used by an applicant under this
4-16 section must be the same on all documents included with the
4-17 application.
4-18 (e) The applicant shall provide the applicant's telephone
4-19 number and mailing address. The application shall also provide the
4-20 address where the applicant is physically located if that address
4-21 is different from the mailing address.
4-22 (f) If an applicant is a partnership, corporation, or other
4-23 entity the application must include:
4-24 (1) the name of each owner of the applicant entity;
4-25 and
4-26 (2) the name, signature, and title of the individual
4-27 who filed the application for the entity.
5-1 (g) The applicant must verify that all taxes owed by the
5-2 applicant to the state have been paid.
5-3 Sec. 5. FEES. The commission by rule shall set application
5-4 and registration fees under this article.
5-5 Sec. 6. REGISTRATION RENEWAL. (a) A person holding a
5-6 certificate of registration may renew the certificate by:
5-7 (1) completing the renewal application form prescribed
5-8 by the commissioner;
5-9 (2) paying the renewal fee set by the commission;
5-10 (3) providing proof that the person satisfies the
5-11 general liability insurance coverage requirements under Section
5-12 4(a) of this article;
5-13 (4) providing proof that the person satisfies the
5-14 workers' compensation requirements of Section 4(b) of this article;
5-15 and
5-16 (5) providing verification that all taxes owed by the
5-17 applicant to the state have been paid.
5-18 (b) A holder of a certificate of registration under this
5-19 article who fails to renew the certificate before the date the
5-20 registration expires must pay a late fee set by the commission in
5-21 addition to satisfying the other renewal requirements of this
5-22 section.
5-23 Sec. 7. COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS.
5-24 (a) The commissioner shall enforce this article.
5-25 (b) The department shall investigate allegations of
5-26 violations of this article. The department may enter any place of
5-27 business or other establishment in which alleged illegal activity
6-1 occurs during reasonable business hours and without advance notice.
6-2 Sec. 8. SUSPENSION, REVOCATION, AND REISSUANCE. (a) After
6-3 a hearing, the commissioner shall suspend or revoke a certificate
6-4 of registration on a finding that a person:
6-5 (1) made a material misstatement in an application for
6-6 a certificate of registration;
6-7 (2) wilfully disregarded or violated this article or a
6-8 rule adopted under this article;
6-9 (3) wilfully aided or abetted another in the violation
6-10 of this article or a rule adopted under this article;
6-11 (4) was convicted of a felony or a crime an essential
6-12 element of which is misstatement, fraud, or dishonesty; or
6-13 (5) engaged in dishonest or unethical conduct likely
6-14 to deceive, defraud, or harm the public.
6-15 (b) The commissioner may reissue a certificate of
6-16 registration to a person whose certificate of registration has been
6-17 revoked under this section if the person applies to the
6-18 commissioner in writing to request a hearing and shows good cause
6-19 to justify reissuing the certificate of registration.
6-20 Sec. 9. PROHIBITED ACTS. A person may not engage in wall
6-21 and ceiling contracting unless the person is registered as a wall
6-22 and ceiling contractor under this article.
6-23 Sec. 10. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person
6-24 commits an offense if the person knowingly or intentionally
6-25 violates Section 9 of this article. An offense under this
6-26 subsection is a Class C misdemeanor.
6-27 (b) A person who violates this article or a rule adopted
7-1 under this article is subject to an administrative penalty to be
7-2 assessed by the commission as provided by Section 17, Article 9100,
7-3 Revised Statutes.
7-4 SECTION 2. (a) Except as provided by Subsection (b) of
7-5 this section, this Act takes effect September 1, 1997.
7-6 (b) Sections 9 and 10, Article 9025, Revised Statutes, as
7-7 added by this Act, take effect March 1, 1998.
7-8 (c) In making the initial appointments to the Texas State
7-9 Wall and Ceiling Contractors Advisory Board, the commissioner
7-10 shall designate three members for terms expiring February 1, 1999,
7-11 and three members for terms expiring February 1, 2000.
7-12 SECTION 3. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended.