By Garcia H.B. No. 2135
75R6864 BEM-F
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" means a suspended acoustical
1-10 ceiling system.
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) "Drywall" means interior and exterior gypsum board
1-20 products.
1-21 (7) "Interior light-gage framing" means interior walls
1-22 and ceilings framed with light gage metal.
1-23 (8) "Person" means an individual, corporation,
1-24 partnership, sole proprietorship, association, or other private
2-1 legal entity.
2-2 (9) "Wall and ceiling contractor" means a person who
2-3 engages in installing interior light-gage framing, drywall, or
2-4 acoustical ceilings.
2-5 Sec. 2. WALL AND CEILING CONTRACTORS ADVISORY BOARD. (a)
2-6 The Wall and Ceiling Contractors Advisory Board is established as
2-7 an advisory board to the department. The board consists of six
2-8 members appointed by the commissioner. A member holds office for a
2-9 term of two years, with three members' terms expiring on February 1
2-10 each year. The commissioner shall designate a member to serve as
2-11 the board's presiding officer.
2-12 (b) Three of the members appointed under Subsection (a) of
2-13 this section must be wall and ceiling contractors eligible for a
2-14 certificate of registration under this article who each have at
2-15 least 10 years experience in the wall and ceiling contracting
2-16 industry. The remaining three members of the board shall represent
2-17 the general public but must be familiar with the wall and ceiling
2-18 industry and shall include persons who are architects, general
2-19 contractors, and persons who work in the field of insurance.
2-20 (c) The commissioner may remove a member of the board for
2-21 inefficiency or neglect of a duty of office. If a vacancy occurs
2-22 on the board, the commissioner shall appoint a person who
2-23 represents the same interests as the former member to serve for the
2-24 remainder of the unexpired term.
2-25 (d) The board shall meet at least twice each year at the
2-26 call of the presiding officer at a place designated by the
2-27 presiding officer. A decision of the board is not valid unless
3-1 supported by a majority of the members present at the meeting at
3-2 which the decision is made.
3-3 (e) The board shall advise the commissioner in adopting
3-4 rules, setting fees, establishing registration renewal
3-5 requirements, and enforcing and administering this article.
3-6 (f) A board member is not entitled to compensation but is
3-7 entitled to reimbursement for actual and necessary expenses
3-8 incurred in the performance of the member's official duties.
3-9 Sec. 3. ISSUANCE OF CERTIFICATE OF REGISTRATION; TERM. (a)
3-10 The commission shall issue a certificate of registration to an
3-11 applicant for registration as a wall and ceiling contractor who
3-12 possesses the qualifications for a certificate under this article
3-13 or a rule adopted under this article.
3-14 (b) A certificate of registration issued under this article
3-15 is valid for one year after the date of issuance.
3-16 Sec. 4. REGISTRATION REQUIREMENTS. (a) To qualify for a
3-17 certificate of registration under this article, a person must apply
3-18 on a form prescribed by the commissioner and pay any application
3-19 and registration fees required by the commission. The applicant
3-20 must show evidence of financial responsibility by posting a bond
3-21 with the state in an amount prescribed by the commissioner.
3-22 (b) An applicant under this article shall provide to the
3-23 commissioner proof that the person has the appropriate insurance
3-24 coverage by presenting a copy of the person's certificate of
3-25 workers' compensation coverage or an equivalent certificate and
3-26 proof of the person's general liability insurance coverage. Proof
3-27 of insurance coverage under this section must include:
4-1 (1) the policy number and name of the insurer;
4-2 (2) the amounts of coverage;
4-3 (3) the effective date and expiration date of the
4-4 coverage;
4-5 (4) the extent and type of coverage; and
4-6 (5) any signature of the insurance agent providing a
4-7 cancellation clause applicable to the coverage.
4-8 (c) An application under this section must be notarized and
4-9 contain the applicant's state identification number, if any, sales
4-10 tax number, and Internal Revenue Service employer identification
4-11 number.
4-12 (d) The applicant shall provide the applicant's telephone
4-13 number and mailing address. The applicant shall also provide the
4-14 address where the applicant is physically located if that address
4-15 is different from the applicant's mailing address.
4-16 (e) An applicant that is a business entity must include with
4-17 the applicant's application:
4-18 (1) the name of each owner of the entity; and
4-19 (2) the name and signature of the individual who filed
4-20 the application for the entity.
4-21 Sec. 5. REGISTRATION RENEWAL; CONTINUING EDUCATION. (a) A
4-22 person holding a certificate of registration may renew the
4-23 certificate by:
4-24 (1) filing a renewal application with the
4-25 commissioner;
4-26 (2) paying the renewal fee; and
4-27 (3) providing to the commissioner:
5-1 (A) a new bond or a continuation certificate for
5-2 the existing bond required under Section 4(a) of this article;
5-3 (B) proof that the person satisfies the workers'
5-4 compensation insurance and liability insurance coverage
5-5 requirements of Section 4(b) of this article; and
5-6 (C) proof that the person has satisfied the
5-7 continuing education and other renewal requirements adopted by the
5-8 commissioner under Subsection (b) of this section.
5-9 (b) To be eligible for renewal of a certificate of
5-10 registration under this article, a person must successfully
5-11 complete not less than 10 hours of classroom study in subjects
5-12 prescribed by the commissioner during the 12 months preceding the
5-13 expiration date of the person's certificate.
5-14 (c) A holder of a certificate of registration under this
5-15 article who renews the certificate after the date the registration
5-16 expires must pay a late fee in addition to satisfying the other
5-17 renewal requirements of this section.
5-18 Sec. 6. INVESTIGATIONS AND INSPECTIONS. The department
5-19 shall investigate allegations of violations of this article. The
5-20 department may enter any place of business or other establishment
5-21 during reasonable business hours and without advance notice in
5-22 which illegal activity is alleged to occur involving the
5-23 performance of wall and ceiling contracting by a person registered
5-24 under this article.
5-25 Sec. 7. SUSPENSION, REVOCATION, AND RENEWAL OF REGISTRATION;
5-26 REISSUANCE. (a) After a hearing, the commissioner shall suspend
5-27 or revoke a certificate of registration of a person who is found to
6-1 have:
6-2 (1) made a material misstatement in an application for
6-3 a certificate of registration;
6-4 (2) wilfully disregarded or violated this article or a
6-5 rule adopted under this article;
6-6 (3) wilfully aided or abetted another person in the
6-7 violation of this article or a rule adopted under this article;
6-8 (4) been convicted of a crime, an essential element of
6-9 which is misstatement, fraud, or dishonesty, or a felony; or
6-10 (5) engaged in dishonorable or unethical conduct
6-11 intended to deceive, defraud, or harm the public.
6-12 (b) The commissioner may reissue a certificate of
6-13 registration to a person whose certificate of registration has been
6-14 revoked under Subsection (a) of this section if the person shows
6-15 good cause for the reissuance of the person's registration.
6-16 Sec. 8. CERTIFICATE OF REGISTRATION REQUIRED; EXEMPTION.
6-17 (a) A person may not act as a wall and ceiling contractor for
6-18 compensation unless the person holds a certificate of registration
6-19 as a wall and ceiling contractor under this article.
6-20 (b) A person may not bid on or accept a contract to engage
6-21 in providing and installing light-gage framing, drywall, or
6-22 acoustical ceilings unless the person is registered as a wall and
6-23 ceiling contractor under this article.
6-24 (c) A wall and ceiling contractor having less than 10
6-25 employees is not required to be registered under this article.
6-26 Sec. 9. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person
6-27 commits an offense if the person knowingly or intentionally
7-1 violates Section 8 of this article. An offense under this article
7-2 is a Class A misdemeanor.
7-3 (b) A person who violates this article or a rule adopted
7-4 under this article is subject to an administrative penalty under
7-5 Section 17, Article 9100, Revised Statutes.
7-6 SECTION 2. (a) In making the initial appointments to the
7-7 Wall and Ceiling Contractors Advisory Board, the commissioner of
7-8 licensing and regulation shall designate, not later than October 1,
7-9 1997, three members for terms expiring on February 1, 1998, and
7-10 three members for terms expiring on February 1, 1999.
7-11 (b) The commissioner of licensing and regulation and the
7-12 Texas Commission of Licensing and Regulation shall adopt rules
7-13 under Article 9025, Revised Statutes, as added by this Act, not
7-14 later than December 1, 1997.
7-15 SECTION 3. (a) Except as provided by Subsection (b) of this
7-16 section, this Act takes effect September 1, 1997.
7-17 (b) Sections 8 and 9, Article 9025, Revised Statutes, as
7-18 added by this Act, take effect March 1, 1998.
7-19 SECTION 4. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended.