By: Moncrief S.B. No. 259
97S0146/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of roofing contractors; providing
1-2 penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. SHORT TITLE. This Act may be cited as the
1-5 "Roofing Contractors Licensing Law."
1-6 SECTION 2. DEFINITIONS. In this Act:
1-7 (1) "Advisory board" means the Roofing Contractors
1-8 Advisory Board.
1-9 (2) "Commercial roofing" means the exterior roof,
1-10 cover, or skin of the roof assembly consisting of membrane, metal
1-11 panels, sheets, shingles, tiles, slate, and other materials on any
1-12 building or structure other than buildings or structures listed in
1-13 Subdivision (7) of this section.
1-14 (3) "Commission" means the Texas Commission of
1-15 Licensing and Regulation.
1-16 (4) "Commissioner" means the commissioner of licensing
1-17 and regulation.
1-18 (5) "Mechanical integrity" means physical installation
1-19 of products, systems, or equipment in accordance with their
1-20 intended purpose and according to industry standards at least as
1-21 strict as the roofing manufacturers' specifications.
1-22 (6) "Person" means an individual.
1-23 (7) "Qualifying party" means a person who possesses
2-1 all the necessary qualifications and who is a principal of a
2-2 company licensed under this Act.
2-3 (8) "Residential roofing" means any material applied
2-4 to the exterior roof framing (wood or steel) on single-family
2-5 homes, duplexes, or quadplexes.
2-6 (9) "Roofing contracting" means performing or offering
2-7 to perform the design, installation, construction, maintenance,
2-8 service, repair, alteration, or modification of a product or of
2-9 equipment in roofs.
2-10 (10) "Roofing contracting company" or "company" means
2-11 any person, corporation, partnership, association, or other entity
2-12 that performs roofing contracting.
2-13 SECTION 3. POWERS AND DUTIES OF COMMISSIONER. (a) The
2-14 commissioner shall adopt rules for the practice of roofing
2-15 contracting consistent with this Act. The standards prescribed by
2-16 rule must be substantially the same as the standards set forth in
2-17 the roofing manufacturers' standard requirements. The commissioner
2-18 shall enforce this Act and may adopt rules relating to enforcement
2-19 requirements.
2-20 (b) The commissioner may issue an emergency order as
2-21 necessary to enforce this Act if the commissioner determines that
2-22 an emergency exists requiring immediate action to protect the
2-23 public health and safety. The order may be issued without notice
2-24 and hearing or with such notice and hearing as the commissioner
2-25 considers practicable under the circumstances. If an emergency
3-1 order is issued under this subsection without a hearing, the
3-2 commissioner shall set the time and place for a hearing to affirm,
3-3 modify, or set aside the emergency order. The commission may issue
3-4 cease and desist orders.
3-5 (c) The commissioner shall prescribe application forms for
3-6 original and renewal licenses and the design of the licenses.
3-7 (d) The commissioner shall prescribe the method and content
3-8 of examinations administered under this Act and shall set
3-9 compliance requirements for the examinations. The examination
3-10 shall be offered at least quarterly at various locations around the
3-11 state as determined by the commission.
3-12 (e) The commissioner shall enforce insurance requirements
3-13 for persons licensed under this Act.
3-14 (f) The commission may employ the personnel necessary to
3-15 implement this Act. The commission shall contract with at least
3-16 two full-time roofing contractors to serve as test examiners.
3-17 (g) The commissioner may authorize necessary disbursements
3-18 to implement this Act, including office expenses, costs of
3-19 equipment, and other necessary facilities.
3-20 (h) The commission shall publish annually a directory of the
3-21 persons licensed under this Act. The commission may sell the
3-22 directory on payment of a reasonable fee set by the commission.
3-23 The fees collected under this subsection shall be appropriated to
3-24 the commission for use in the administration of this Act.
3-25 (i) The commission may contract with another state agency or
4-1 with a political subdivision of the state for the enforcement of
4-2 this Act and the rules adopted by the commissioner under this Act.
4-3 SECTION 4. ADVISORY BOARD. (a) The Roofing Contractors
4-4 Advisory Board is created to advise the commissioner in adopting
4-5 rules, method, and content of examination and enforcing and
4-6 administering this Act and to advise the commission in setting
4-7 fees.
4-8 (b) The advisory board is composed of six members appointed
4-9 by the commissioner who are experienced in the design,
4-10 installation, construction, maintenance, service, repair,
4-11 alteration, or modification of roofing systems. Members of the
4-12 advisory board shall hold office for staggered terms of six years,
4-13 with two terms expiring on February 1 of each odd-numbered year.
4-14 (c) The commissioner shall appoint the advisory board
4-15 members as follows:
4-16 (1) three members must be full-time licensed roofing
4-17 contractors as follows:
4-18 (A) one member must hold a commercial license;
4-19 (B) one member must hold a residential license;
4-20 and
4-21 (C) one member must hold a commercial and a
4-22 residential license; and
4-23 (2) three shall be public members.
4-24 (d) For the members appointed under Subsection (c)(1) of
4-25 this section, at least one member must practice in a municipality
5-1 with a population of 250,000 or more and at least one member must
5-2 practice in a municipality with a population of less than 250,000.
5-3 For the purposes of this subsection, "population" means the
5-4 population according to the most recent federal decennial census.
5-5 (e) The commissioner shall designate one member of the
5-6 advisory board to serve as chairman. The commissioner or the
5-7 commissioner's designee shall serve as an ex officio, nonvoting
5-8 member of the advisory board. On the resignation, death,
5-9 suspension, or incapacity of any member, the commissioner shall
5-10 fill the vacancy for the remainder of the unexpired term with an
5-11 individual who represents the same category with which the
5-12 predecessor was identified.
5-13 (f) The advisory board shall meet at least every six months
5-14 and may meet at other times at the call of the chairman. The
5-15 advisory board shall meet at a place designated by the board within
5-16 the State of Texas. A decision of the advisory board is not
5-17 effective unless it receives the affirmative vote of at least a
5-18 majority of the members present.
5-19 (g) The advisory board members serve without compensation.
5-20 SECTION 5. LICENSE REQUIRED. (a) Unless the person is
5-21 exempted under Section 14 of this Act, a person or company may not
5-22 perform roofing contracting without a license under this Act.
5-23 (b) A roofing contracting company that is not exempt under
5-24 this Act must employ a license holder, or license holders whose
5-25 license is assigned to that company.
6-1 (c) A representative of the commission or a municipal
6-2 official may issue a citation to a person who performs roofing
6-3 contracting without a license issued under this Act. To the extent
6-4 authorized by Chapter 29, Government Code, the municipal court has
6-5 concurrent jurisdiction with a justice court of a precinct in which
6-6 the municipality is located in a case arising from a citation
6-7 issued under this subsection.
6-8 (d) A license issued under this Act is valid throughout the
6-9 state, and the holder and persons under the holder's supervision
6-10 are not required to hold a municipal license to practice roofing
6-11 contracting in any municipality within this state.
6-12 SECTION 6. ROOFING CONTRACTOR LICENSES. (a) The roofing
6-13 contracting company shall be the license holder and shall comply
6-14 with all the requirements of this Act, with a principal of the
6-15 company being the qualifying party meeting all the requirements of
6-16 this Act. Roofing contractor licenses are of the following three
6-17 classes and entitle the licensee to perform the following services,
6-18 respectively:
6-19 (1) a Class I license entitles the licensee to perform
6-20 commercial and residential roofing services;
6-21 (2) a Class II license entitles the licensee to
6-22 perform only commercial roofing services; and
6-23 (3) a Class III license entitles the licensee to
6-24 perform only residential roofing services.
6-25 (b) The commissioner shall prescribe separate examinations
7-1 for each class of license. For Class I licenses, the commissioner
7-2 shall prescribe separate examinations for commercial and
7-3 residential services.
7-4 (c) The qualifying party that applies for a roofing
7-5 contractor license must be at least 18 years old and must present
7-6 to the commissioner satisfactory evidence of at least 36 months of
7-7 practical experience with the tools of the trade in the preceding
7-8 five years.
7-9 (d) The application must be made on a form prescribed by the
7-10 commissioner and must specify the class of license the applicant
7-11 seeks. The application must be sworn to and verified and must be
7-12 accompanied by:
7-13 (1) evidence of the insurance coverage required under
7-14 this Act;
7-15 (2) a statement of the applicant's practical
7-16 experience; and
7-17 (3) the examination fee.
7-18 (e) The commissioner shall issue a roofing contractor
7-19 license to a company which has a qualifying party who possesses the
7-20 required qualifications, passes the appropriate examinations, and
7-21 pays the examination fee and the original license fee required by
7-22 this Act. An applicant who fails an examination is eligible for
7-23 reexamination.
7-24 (f) A license issued under this Act is valid for a one-year
7-25 period from the date of issuance.
8-1 (g) With the advice of the advisory board, the commissioner
8-2 shall adopt rules relating to the use, display, and advertisement
8-3 of a licensee's license.
8-4 SECTION 7. NOTICE OF EXAMINATION RESULTS. (a) Not later
8-5 than the 45th day after the date on which an examination is
8-6 administered under this Act, the commissioner shall notify each
8-7 examinee of the results of the examination. However, if an
8-8 examination is graded or reviewed by a national testing service,
8-9 the commissioner shall notify examinees of the results of the
8-10 examination not later than the 14th day after the date on which the
8-11 commissioner receives the results from the testing service.
8-12 (b) If requested in writing by a person who fails the
8-13 examination, the commissioner shall furnish the person with the
8-14 results of the person's performance on the examination.
8-15 SECTION 8. INSURANCE REQUIREMENT. (a) A licensed
8-16 contractor shall maintain general liability insurance coverage in
8-17 the following amounts:
8-18 (1) for a Class I license, $250,000 per occurrence,
8-19 with a minimum total aggregate of $500,000;
8-20 (2) for a Class II license, $250,000 per occurrence,
8-21 with a minimum total aggregate of $500,000; and
8-22 (3) for a Class III license, $100,000 minimum total
8-23 aggregate.
8-24 (b) Insurance must be obtained from an admitted company or
8-25 an eligible surplus lines insurer, as defined in Article 1.14-2,
9-1 Insurance Code.
9-2 (c) A license applicant or holder shall furnish to the
9-3 commission a certificate of insurance. The license holder's name,
9-4 business name, and address must be shown as it appears on the
9-5 license. The certificate form to be submitted shall be the form
9-6 furnished by the commission. Each certificate of insurance shall
9-7 reflect all assumed names used by the license holder and registered
9-8 with this agency. Neither binders nor interim certificates of less
9-9 than 60 days will be accepted.
9-10 (d) The certificate of insurance shall state that the
9-11 insurance carrier shall notify the commission not later than the
9-12 30th day before the cancellation or nonrenewal by the insurance
9-13 carrier and not later than the 10th day following nonrenewal or
9-14 cancellation by the insured.
9-15 (e) A license holder whose proof of insurance expires shall
9-16 be notified by the commission that the holder has an insurance
9-17 violation. Failure to furnish the required proof shall be grounds
9-18 for revocation of the license in accordance with Article 9100,
9-19 Revised Statutes.
9-20 (f) A surety bond shall be posted with the commission by
9-21 each licensee in the following amounts:
9-22 (1) $35,000 for a Class I license;
9-23 (2) $25,000 for a Class II license; and
9-24 (3) $10,000 for a Class III license.
9-25 SECTION 9. CONTINUING EDUCATION PROGRAMS. The commissioner
10-1 shall recognize, prepare, or administer continuing education
10-2 programs for licensees. The Roofing Contractors Association of
10-3 Texas shall be an education provider and shall be the approval
10-4 agent of continuing education credits in these programs.
10-5 Participation in the programs is mandatory. Each licensee shall be
10-6 required to complete eight hours of continuing education per
10-7 license year.
10-8 SECTION 10. LICENSE BY RECIPROCITY. The commissioner may
10-9 waive any license requirement for an applicant or for the
10-10 qualifying party of an applicant with a valid license from another
10-11 state with which this state has a reciprocity agreement.
10-12 SECTION 11. TEMPORARY LICENSE. (a) In the event the
10-13 qualifying party becomes incapacitated and unable to serve in the
10-14 normal capacity of principal of a company or is no longer available
10-15 due to the dissolution of a partnership or corporation, a temporary
10-16 license may be issued to another principal of the company, who then
10-17 becomes the qualifying party for a period extending 30 days beyond
10-18 the date of the next examination, not to exceed six months. The
10-19 temporary license is not renewable, but a second temporary license
10-20 may be issued if the company's qualifying party becomes unavailable
10-21 in circumstances that make the company again eligible to receive a
10-22 temporary license. The temporary license shall be of the same
10-23 class and endorsement as the license being replaced.
10-24 (b) The commissioner may issue a temporary license under the
10-25 conditions provided by Subsection (a) of this section to an
11-1 applicant who applies to the commissioner on a form prescribed by
11-2 the commissioner and pays the required fees.
11-3 SECTION 12. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
11-4 (a) A violation of this Act or a rule adopted under this Act is a
11-5 ground for the denial, suspension, or revocation of a license
11-6 issued under this Act as well as a ground for the imposition of
11-7 administrative penalties as provided by Article 9100, Revised
11-8 Statutes. The failure to provide proper installation consistent
11-9 with the manufacturer's specifications or consistent with commonly
11-10 accepted roofing practices, proper service, and mechanical
11-11 integrity under this Act constitutes a violation of this Act. An
11-12 intentional or knowing misrepresentation of necessary services,
11-13 services to be provided, or services that have been provided
11-14 constitutes a violation of this Act and a ground for the suspension
11-15 or revocation of a license issued under this Act.
11-16 (b) Proceedings for the denial, suspension, or revocation of
11-17 a license and appeals from those proceedings are governed by
11-18 Chapter 2001, Government Code. The imposition of administrative
11-19 penalties is governed by Article 9100, Revised Statutes.
11-20 SECTION 13. CONSUMER COMPLAINT INVESTIGATION. (a) The
11-21 commissioner shall prepare information of consumer interest
11-22 describing the functions performed by the commissioner under this
11-23 Act and the rights of consumers as affected by this Act. The
11-24 information must describe the procedure by which a consumer
11-25 complaint is filed with and resolved by the commissioner. The
12-1 commissioner shall make the information available to the general
12-2 public.
12-3 (b) The commissioner shall investigate consumer complaints
12-4 filed with the commissioner. If the commissioner determines after
12-5 investigation that a licensee has violated this Act or a rule
12-6 adopted under this Act, the commissioner may take appropriate
12-7 action under Section 12 of this Act.
12-8 SECTION 14. EXEMPTIONS. This Act does not apply:
12-9 (1) to a person who performs roofing contracting on a
12-10 dwelling owned by the person and used as the person's residence;
12-11 (2) to a person or firm that is registered as a
12-12 manufacturer, retailer, or installer and regulated pursuant to the
12-13 Texas Manufactured Housing Standards Act (Article 5221f, Vernon's
12-14 Texas Civil Statutes) and that engages in roofing contracting for
12-15 manufactured homes in the installation of manufactured homes or in
12-16 providing retailer or manufacturer warranty services free of
12-17 charge; or
12-18 (3) to new residential construction of single-family
12-19 homes, duplexes, or quadplexes.
12-20 SECTION 15. ENFORCEMENT OF CONTRACTS. (a) A person who
12-21 performs roofing contracting without holding the appropriate
12-22 license under this Act may not collect a fee or otherwise enforce a
12-23 contract for the services performed. To enforce a contract for the
12-24 performance of roofing contracting, the person who performs the
12-25 services must present proof that the person or the person's company
13-1 holds a license under this Act at the time the contract is signed
13-2 and the work is performed.
13-3 (b) The commissioner shall adopt rules relating to the
13-4 manner in which proof may be presented under this section.
13-5 SECTION 16. OFFENSE; PENALTY. Except as provided in Section
13-6 17 of this Act, a person commits an offense if the person is a
13-7 qualifying party and knowingly or intentionally engages in roofing
13-8 contracting without a license issued under this Act. An offense
13-9 under this section is a Class B misdemeanor.
13-10 SECTION 17. MUNICIPAL REGULATION. A municipality may by
13-11 ordinance adopt and enforce standards for roofing contractors that
13-12 are consistent with the standards established under this Act. A
13-13 municipality may not impose a licensing or registration fee on a
13-14 roofing contractor licensed under this Act. The municipality may
13-15 report a violation of this Act to the commission. If the
13-16 municipality elects to report the violation, it shall do so not
13-17 later than the 10th day after the date on which it discovers the
13-18 violation of this Act. Conviction of an offense under the
13-19 municipal ordinance is a ground for the denial, suspension, or
13-20 revocation of a license issued under this Act.
13-21 SECTION 18. EXEMPTION FROM EXAMINATION FOR CERTIFIED
13-22 CONTRACTORS. (a) A person who is a certified roofing contractor
13-23 in good standing as tested and approved by the Roofing Contractors
13-24 Association of Texas on the effective date of this Act is entitled
13-25 or, if the person is a qualifying party of a company, the person's
14-1 company is entitled to receive a license without examination if the
14-2 contractor applies to the commissioner for the license not later
14-3 than September 1, 1998, and:
14-4 (1) registers with the commission and pays the
14-5 required licensing fee;
14-6 (2) shows evidence of insurance coverage required
14-7 under Section 8 of this Act; and
14-8 (3) submits a copy of the contractor's certification
14-9 that has been attested to by the president and the executive
14-10 director of the Roofing Contractors Association of Texas.
14-11 (b) The class of a license issued under this section shall
14-12 be based on the classification of certification that is currently
14-13 held by the contractor and shall correspond as follows:
14-14 (1) a certified commercial and residential roofing
14-15 contractor shall receive a Class I license;
14-16 (2) a certified commercial roofing contractor shall
14-17 receive a Class II license; and
14-18 (3) a certified residential roofing contractor shall
14-19 receive a Class III license.
14-20 (c) A roofing contractor who is issued a license under this
14-21 section is subject to all other provisions of this Act, including
14-22 provisions for the renewal of the roofing contractor license.
14-23 SECTION 19. TERMS OF INITIAL BOARD MEMBERS. In making the
14-24 initial appointments to the advisory board, the commissioner shall
14-25 designate two members for a term expiring on February 1, 1999, two
15-1 members for a term expiring on February 1, 2001, and two members
15-2 for a term expiring on February 1, 2003.
15-3 SECTION 20. EFFECTIVE DATE. (a) Except as provided by
15-4 Subsection (b) of this section, this Act takes effect September 1,
15-5 1997.
15-6 (b) Sections 5 and 16 of this Act take effect September 1,
15-7 1998.
15-8 SECTION 21. EMERGENCY. The importance of this legislation
15-9 and the crowded condition of the calendars in both houses create an
15-10 emergency and an imperative public necessity that the
15-11 constitutional rule requiring bills to be read on three several
15-12 days in each house be suspended, and this rule is hereby suspended.