By: Lindsay S.B. No. 1685
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirement of registration of Construction
1-2 Contractors who engage in contracts with any governmental agency or
1-3 municipality within the State of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. This Act shall be known and may be cited as "The
1-6 Texas Contractors Licensing Act."
1-7 SECTION 1.1 It is the intent of the Legislature in order to
1-8 protect the public health, safety and welfare that this act shall
1-9 assure minimum standards of integrity, safety and quality in
1-10 construction projects that the privilege of public works
1-11 contractors be entrusted only to those persons duly licensed,
1-12 registered and practicing under the provisions of this Act and that
1-13 there be strict compliance with and enforcement of all the
1-14 provisions of this Act, and in order that the state and members of
1-15 the public may be able to identify those duly authorized to
1-16 participate in public works construction in this state and fix
1-17 responsibility for work done or services or acts performed in the
1-18 participation of public works construction only licensed and
1-19 registered persons shall participate, offer or attempt to
1-20 participate in public works construction or call themselves or be
1-21 otherwise designated as any kind of "public works contractor" or in
2-1 any manner make use of the term "public works contractor" as a
2-2 professional, business or commercial identification, title, name,
2-3 representation, claim or asset and all the provisions of this Act
2-4 shall be liberally construed and applied to carry out such
2-5 legislative intent.
2-6 SECTION 1.2 From and after the effective date of this Act,
2-7 unless duly licensed and registered in accordance with the
2-8 provisions of this Act, no person in this state shall:
2-9 (1) Participate, continue to participate, offer or
2-10 attempt to participate in "public works construction" or any branch
2-11 or part thereof.
2-12 (2) Receive any fee or compensation or the promise of
2-13 any fee or compensation for performing, offering or attempting to
2-14 perform any service, work which is any part of the participation of
2-15 "public works construction" as defined by this Act.
2-16 Within the intent and meaning and for all purposes of this Act, any
2-17 person, firm partnership, association or corporation which shall
2-18 do, offer or attempt to do any one or more of the acts or things
2-19 set forth in numbered paragraphs (1), (2), (3) or (4) of this
2-20 Section 1.2 shall be conclusively presumed and regarded as engaged
2-21 in the practice.
2-22 SECTION 1.3 Every person licensed by the Board to engage in
2-23 the practice of Public works contracting shall in the professional
2-24 use of his name on any sign, directory, listing, contract,
2-25 document, pamphlet, stationery, letterhead, advertisement,
3-1 signature or any other such means of professional identification,
3-2 written or printed, use the following "licensed public works
3-3 contractor".
3-4 SECTION 2. Definitions as used in this Act the term:
3-5 (1) "Board" shall mean the State Board of Licensing
3-6 for Public Works Contracting, provided for by this Act.
3-7 (2) "Certificate" shall mean a license issued by the
3-8 State of Texas granting a licensee the privilege of practicing
3-9 public works construction in accordance with the provisions of this
3-10 Act.
3-11 (3) "Licensed Public Works Contractor" shall mean a
3-12 person who has been duly licensed and registered by the Board to
3-13 engage in public works construction.
3-14 (4) Public works construction shall mean a contractor
3-15 with any governmental agency or municipality within the State of
3-16 Texas.
3-17 (5) "Licensed Public Works Contractor" shall mean any
3-18 person performing or doing, or offering or attempting to do or
3-19 perform any service, work, act or thing within the scope of this
3-20 Act.
3-21 SECTION 3. State Board of Licensing for Public Works
3-22 Contracting - Terms - A state Board of Licensing for Public Works
3-23 Contractors is hereby created whose duty it shall be to administer
3-24 the provisions of this Act. The Board shall be appointed by the
3-25 Governor of the State of Texas, with the advice and consent of the
4-1 Senate. The first Board shall be appointed within ninety (90) days
4-2 after this Act becomes effective.
4-3 SECTION 4. Qualifications of Members of Board - Each member
4-4 of the Board shall be a citizen of the United States and a resident
4-5 of this State for a period of ten (10) years prior to his
4-6 appointment and shall have been engaged in Public Works Contracting
4-7 for at least ten (10) years.
4-8 SECTION 5. Compensation and Expenses of Board Members shall
4-9 be determined by this Board.
4-10 SECTION 6. Removal of Members of the Board - Vacancies - The
4-11 Governor may remove any member of the Board for misconduct,
4-12 incompetency or neglect of duty. Vacancies in the membership of
4-13 this Board shall be filled for the unexpired term by appointment by
4-14 the Governor as provided in this Act.
4-15 SECTION 7. Organization and Meetings of the Board - Shall be
4-16 determined by the Board.
4-17 SECTION 8. Power of the Board - The Board shall have the
4-18 power and authority to make and enforce all rules and regulations
4-19 for the performance of its duties, to establish standards of
4-20 conduct and ethics for public works contractors in keeping with the
4-21 purpose and intent of this Act or to insure compliance with and
4-22 enforcement of this Act.
4-23 SECTION 8a. In any proceeding for injunction as provided in
4-24 Section 8 above the defendant may assert and prove as a complete
4-25 defense to such action that he was deprived of certification by the
5-1 Board by action or proceedings of the board which were
5-2 (1) arbitrary or a capricious
5-3 (2) contrary to legal requirements
5-4 (3) conducted without due process of law
5-5 SECTION 9. Receipts and Disbursements - The Secretary of the
5-6 Board shall receive and account for all moneys derived under the
5-7 provisions of this Act and shall pay the same weekly to the State
5-8 Treasurer who shall keep such moneys in a separate fund to be known
5-9 as the "Public Works Contractors Fund".
5-10 SECTION 10. Records and Reports - The Board shall keep a
5-11 record of its proceedings and register of all applications for
5-12 registration, which register shall show (a) the name, age and
5-13 residence of each applicant; (b) the date of the application;
5-14 (c) the place of business of such applicant (d) his qualifications;
5-15 (e) whether or not an examination was required; (f) whether the
5-16 applicant was rejected; (g) whether a certificate of registration
5-17 was granted; (h) the date of the action of the Board; and (I) such
5-18 other information as may be deemed necessary by the Board.
5-19 SECTION 11. Roster of Licensed Public Works Contractors - A
5-20 roster showing the names and places of business of all licensed
5-21 Public Works Contractors shall be prepared by the Secretary of the
5-22 Board at the same time each year to be determined by the Board.
5-23 SECTION 12. General requirements for Registration - To be
5-24 determined by the Board.
5-25 SECTION 13. Applications and Registration fees - Fees shall
6-1 be set by the Board and shall be sufficient to cover administrative
6-2 costs of the Contractors Licensing Board.
6-3 SECTION 14. Examinations - When oral or written examinations
6-4 are required, they shall be held at such time and place as the
6-5 Board shall determine. The scope of the examinations and the
6-6 methods of procedure shall be prescribed by the Board with special
6-7 reference to the applicants ability to insure the safety of life,
6-8 health and property.
6-9 SECTION 15. Certificate Seals - The Board shall issue a
6-10 certificate of licensing upon payment of registration fees as
6-11 provided for in this Act, to any applicant, who, in the opinion of
6-12 the Board has satisfactorily met all the requirements of this Act.
6-13 SECTION 16. Expiration and Renewal - Shall be determined by
6-14 the Board.
6-15 SECTION 17. Firms, Partnerships, Corporations and Joint
6-16 Stock Associations - Definition to be determined by the Board.
6-17 SECTION 18. Exemptions - To be determined by the Board.
6-18 SECTION 19. Reciprocity - The Board shall determine costs of
6-19 registrations.
6-20 SECTION 20. Revocations and Re-issuances of Certificates -
6-21 The Board shall have the power to revoke the certificate of license
6-22 of any registrant. The Board shall determine guidelines.
6-23 SECTION 21. Violations and Penalties - To be determined by
6-24 the Board.
6-25 SECTION 22. Invalid Portions - If any article, section,
7-1 subsection, sentence, clause or phrase of this Act is for any
7-2 reason held to be unconstitutional, such decision shall not affect
7-3 the validity of the remaining portions of this Act. The
7-4 Legislature hereby declares that it would have passed this Act and
7-5 such section, subsection, sentence, clause or phrase thereof
7-6 irrespective of the fact that any one or more of the sections,
7-7 subsections, sentences, clauses or phrases be declared
7-8 unconstitutional.
7-9 SECTION 23. The fact that there is at this time no law
7-10 requiring Public Works Contractors to be licensed, and the further
7-11 fact that there are a large number of persons calling themselves
7-12 Public Works Contractors who are not efficient; and the further
7-13 fact that the public is paying large sums of money for construction
7-14 and have no way of knowing the qualifications of the contractors
7-15 employed on these constructions and have no protection from this
7-16 incompetence create an emergency and an imperative public
7-17 necessity.
7-18 SECTION 24. The importance of this legislation and the
7-19 crowded condition of the calendars in both houses creates an
7-20 emergency and an imperative public necessity that the
7-21 constitutional rule requiring bills to be read on three several
7-22 days in each house be suspended, and this rule is hereby suspended.