By Gallegos S.B. No. 761
75R7041 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of Wall & Ceiling 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 Texas State Wall & Ceiling
1-7 Contractors Advisory 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 cold-formed metal framing system" means
1-15 the skill and expertise to install curtainwall or load-bearing,
1-16 exterior wall framed with light gage metal.
1-17 (6) "Interior light-gage framing system" means the
1-18 skill and expertise to install interior walls and ceilings framed
1-19 with light gage metal.
1-20 (7) "Drywalling" means the skill and expertise to
1-21 install interior and exterior gypsum board products.
1-22 (8) "Acoustical ceilings" means the skill and
1-23 expertise to install suspended acoustical ceiling systems.
1-24 (9) "Wall & Ceiling contractor" means a person who
2-1 engages in installing light-gage framing, drywall, and acoustical
2-2 ceilings.
2-3 (10) "Person" means an individual, corporation.
2-4 SECTION 2. WALL & CEILING CONTRACTORS ADVISORY BOARD.
2-5 (a) The Wall & Ceiling Contractors Advisory Board is established
2-6 as an advisory board to the department. The board is composed of
2-7 six members appointed by the commissioner. A member holds office
2-8 for a term of two years, with three members terms expiring on
2-9 February 1 each year. The commissioner shall designate a member to
2-10 serve as the board's presiding officer.
2-11 (b) Three of the members appointed under Subsection (a) of
2-12 this section must be Wall & Ceiling contractors eligible for a
2-13 certificate of registration under this Act who each have at least
2-14 10 years experience in the Wall & Ceiling industry. The remaining
2-15 three members of the board shall represent the general public but
2-16 must be familiar with the Wall & Ceiling industry, including
2-17 persons who work as architects, as general contractors, and in the
2-18 field of insurance.
2-19 (c) The commissioner may remove a member of the board for
2-20 inefficiency or neglect of duty in office. If a vacancy occurs on
2-21 the board, the commissioner shall appoint a member who represents
2-22 the same interests as the former member to serve for the unexpired
2-23 term.
2-24 (d) The board shall meet at least twice each year at the
2-25 call of the presiding officer at a place designated by the
2-26 presiding officer. A decision of the board is not valid unless
2-27 supported by a majority of the members present at the meeting at
3-1 which the decision is made.
3-2 (e) The board shall advise the commissioner in adopting
3-3 rules, setting fees or establishing registration renewal
3-4 requirements, and enforcing and administering this Act.
3-5 (f) A member is not entitled to compensation. Reimbursement
3-6 of members for expenses incurred for service on the board is
3-7 subject to Section 4, Article 5252-33, Revised Statutes.
3-8 SECTION 3. ISSUANCE OF CERTIFICATE OF REGISTRATION; RULES.
3-9 (a) The commissions shall issue a certificate of registration to
3-10 an applicant for registration as a Wall & Ceiling contractor who
3-11 possesses the qualifications for a certificate of registration
3-12 required by this Act or a rule adopted under this Act.
3-13 (b) The commissioner shall:
3-14 (1) adopt rules relating to issuing a certificate of
3-15 registration under this Act, and
3-16 (2) prescribe all forms required under this Act.
3-17 (c) A certificate of registration issued under this Act is
3-18 valid for one year from the date of issuance.
3-19 SECTION 4. REGISTRATION REQUIREMENTS. (a) To qualify for a
3-20 certificate of registration under this Act, a person must apply on
3-21 a form prescribed by the commissioner and pay any application and
3-22 registration fees required by the commission. The applicant must
3-23 show evidence of financial responsibility by posting a bond in an
3-24 amount prescribed by the commissioner.
3-25 (b) An applicant under this Act shall provide proof that the
3-26 person is covered by insurance by presenting a copy of the person's
3-27 certificate of workers' compensation coverage or an equivalent
4-1 certificate and proof of the person's general liability insurance
4-2 coverage. Proof of insurance coverage under this section must
4-3 include:
4-4 (1) the policy number and name of the insurer;
4-5 (2) the amounts of coverage;
4-6 (3) the effective date and expiration date of the
4-7 coverage;
4-8 (4) the coverage; and
4-9 (5) any signature of the insurance agent providing
4-10 cancellation clause applicable to the coverage.
4-11 (c) An application under this section must be notarized and
4-12 contain the applicant's state identification number, if any, sales
4-13 tax number, and Internal Revenue Service employer identification
4-14 number.
4-15 (d) The business section must be the application.
4-16 (e) The applicant shall provide the applicant's telephone
4-17 number and mailing address. The applicant shall also provide the
4-18 address where the applicant is physically located if different from
4-19 name used by an applicant under this same on all documents included
4-20 with the mailing address.
4-21 (f) If the applicant is a partnership or corporation, the
4-22 application must include:
4-23 (1) the name of each owner of the applicant firm; and
4-24 (2) the name and signature of the individual who filed
4-25 the application for the firm.
4-26 SECTION 5. FEES. The commission by rule shall set 8
4-27 application and registration fees under this Act.
5-1 SECTION 6. REGISTRATION RENEWAL; CONTINUING EDUCATION.
5-2 (a) A person holding a certificate of registration may renew the
5-3 certificate by:
5-4 (1) completing the renewal application form prescribed
5-5 by the commissioner;
5-6 (2) paying the renewal fee set by the commission;
5-7 (3) providing a new bond or a continuation certificate
5-8 for the existing bond that satisfies the requirements of Section
5-9 4(a) of this Act regarding evidence of financial responsibility;
5-10 (4) providing proof that the person satisfies the
5-11 workers' compensation insurance and liability insurance coverage
5-12 requirements under Section 4(b) of this Act; and
5-13 (5) providing proof that the person has satisfied the
5-14 continuing education and other renewal requirements adopted by the
5-15 commissioner.
5-16 (b) To renew a certificate of registration under this
5-17 section, the person must present evidence that the person has
5-18 successfully completed not less than 10 hours of classroom study in
5-19 subjects required by the commissioner during the 12 months
5-20 preceding the date of the renewal.
5-21 (c) A holder of a certificate of registration under this Act
5-22 who fails to renew the certificate before the date the registration
5-23 expires must pay a late fee set by the commission in addition to
5-24 the other renewal requirements of this section.
5-25 SECTION 7. COMMISSIONER AND DEPARTMENT DUTIES; INSPECTIONS.
5-26 (a) The commissioner shall enforce this Act.
5-27 (b) The department shall investigate allegations of
6-1 violations of this Act. The department may enter any place of
6-2 business or other establishment at which alleged illegal activity
6-3 occurs during reasonable business hours and without advance notice.
6-4 SECTION 8. SUSPENSION, REVOCATION, AND RENEWAL OF
6-5 REGISTRATION; REISSUANCE. (a) After a hearing, the commissioner
6-6 shall suspend or revoke a certificate of registration on a finding
6-7 that a person:
6-8 (1) made a material misstatement in an application for
6-9 a certificate of registration;
6-10 (2) wilfully disregarded or violated this Act or a
6-11 rule adopted under this Act;
6-12 (3) wilfully aided or abetted another in the violation
6-13 of this Act or a rule adopted under this Act;
6-14 (4) was convicted for a crime an essential element of
6-15 which is misstatement, fraud, or dishonesty, or a felony; or
6-16 (5) engaged in dishonorable or unethical conduct
6-17 likely to deceive, defraud, or harm the public.
6-18 (b) The commissioner may reissue a certificate of
6-19 registration to a person whose certificate of registration has been
6-20 revoked if the person shows good cause to registration.
6-21 SECTION 9. PROHIBITED ACTS. (a) A person may not engage in
6-22 providing and installing light-gage framing, drywall, and
6-23 acoustical ceilings for compensation unless the person holds a Wall
6-24 & Ceiling contractor certificate of registration under this Act.
6-25 (b) A person may not bid on or accept a prime contract to
6-26 engage in providing and installing light-gage framing, drywall, and
6-27 acoustical ceilings unless the person is registered as a Wall &
7-1 Ceiling contractor under this Act.
7-2 SECTION 10. OFFENSE: ADMINISTRATIVE PENALTY. (a) A person
7-3 commits an offense if the person knowingly or intentionally acts as
7-4 a Wall & Ceiling contractor without a certificate of registration
7-5 under this Act. An offense under this subsection is a Class A
7-6 misdemeanor.
7-7 (b) this Act applies in writing to the department and
7-8 justify reissuing the certificate of
7-9 A person who violates this Act or a rule adopted under is subject
7-10 to an administrative penalty assessed by the commission as provided
7-11 by Section 17, Article 9100, Revised Statutes.
7-12 SECTION 11. TRANSITION. In making the initial appointments
7-13 to the Wall & Ceiling Contractors Advisory Board, the commissioner
7-14 shall designate three members for terms expiring on February 1,
7-15 1998, and three members for terms expiring on February 1, 1999.
7-16 SECTION 12. EFFECTIVE DATE. (a) Except as provided by
7-17 Subsection (b) of this section this Act takes effect September 1,
7-18 1997, by Sections 9 and 10 of this Act take effect March 1, 1998.
7-19 SECTION 13. EMERGENCY. The importance of this legislation
7-20 and the 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.