By Goolsby H.B. No. 85 76R1980 JMM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the registration of plastering 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 Plastering Contractors Advisory 1-7 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 insulation finish system" means a 1-15 non-load-bearing, barrier wall, exterior cladding system that is 1-16 applied over insulation board and glass fiber reinforcing mesh with 1-17 both a base coat and a textured protective finish coat. 1-18 (6) "Metal lathing" means the art or skill of 1-19 installing support framing, backing, and related trims to serve as 1-20 a substrate to receive plaster. 1-21 (7) "Plastering" means the art or skill of applying 1-22 various wet materials over surfaces to produce both interior and 1-23 exterior walls, ceilings, and other surfaces in the construction 1-24 and remodeling of residential and commercial structures. The term 2-1 does not include taping, floating, installing, texturing, repairing 2-2 sheet rock or applying acoustical material. 2-3 (8) "Plastering contractor" means a person who engages 2-4 in metal lathing, plastering, spray fireproofing, or the 2-5 application of an exterior insulation finish system for which the 2-6 person is required to hold a certificate of registration under this 2-7 Act. 2-8 (9) "Spray fireproofing" means the art or skill of 2-9 applying various materials to enhance the fire resistance of the 2-10 structural elements of a building. 2-11 (10) "Person" means an individual, partnership, or 2-12 corporation. 2-13 SECTION 2. PLASTERING CONTRACTORS ADVISORY BOARD. (a) The 2-14 Plastering Contractors Advisory Board is established as an advisory 2-15 board to the department. The board is composed of six members 2-16 appointed by the commissioner. A member holds office for a term of 2-17 two years, with three members' terms expiring February 1 each year. 2-18 The commissioner shall designate a member to serve as the board's 2-19 presiding officer. 2-20 (b) Three of the members appointed under Subsection (a) of 2-21 this section must be plastering contractors eligible for a 2-22 certificate of registration under this Act who each have at least 2-23 10 years' experience in the plaster industry. The remaining three 2-24 members of the board shall represent the general public but must be 2-25 familiar with the plaster industry, including persons who work as 2-26 architects, as general contractors, and in the field of insurance. 2-27 (c) The commissioner may remove a member of the board for 3-1 inefficiency or neglect of duty in office. If a vacancy occurs on 3-2 the board, the commissioner shall appoint a member who represents 3-3 the same interests as the former member to serve for the unexpired 3-4 term. 3-5 (d) The board shall meet at least twice each year at the 3-6 call of the presiding officer at the place designated by the 3-7 presiding officer. A decision of the board is not valid unless 3-8 supported by a majority of the members present at the meeting at 3-9 which the decision is made. 3-10 (e) The board shall advise the commissioner in adopting 3-11 rules, setting fees, establishing registration renewal 3-12 requirements, and enforcing and administering this Act. 3-13 (f) A member is not entitled to compensation. Reimbursement 3-14 of members for expenses incurred for service on the board is 3-15 subject to Section 2110.004, Government Code. 3-16 SECTION 3. ISSUANCE OF CERTIFICATE OF REGISTRATION; RULES. 3-17 (a) The commissioner shall issue a certificate of registration to 3-18 an applicant for registration as a plastering contractor who 3-19 possesses the qualifications for a certificate of registration 3-20 required by this Act or a rule adopted under this Act. 3-21 (b) The commissioner shall: 3-22 (1) adopt rules relating to issuing a certificate of 3-23 registration under this Act; and 3-24 (2) prescribe all forms required under this Act. 3-25 (c) A certificate of registration issued under this Act is 3-26 valid for two years from the date of issuance. 3-27 SECTION 4. REGISTRATION REQUIREMENTS. (a) To qualify for a 4-1 certificate of registration under this Act, a person must apply on 4-2 a form prescribed by the commissioner and pay any application and 4-3 registration fees required by the commission. 4-4 (b) An applicant under this Act shall provide proof that the 4-5 person is covered by insurance by presenting a copy of the person's 4-6 certificate of workers' compensation coverage or an alternative 4-7 certificate and proof of the person's general liability insurance 4-8 coverage. Proof of insurance coverage under this section must 4-9 include: 4-10 (1) the policy number and name of the insurer; 4-11 (2) the amounts of coverage; 4-12 (3) the effective date and expiration date of the 4-13 coverage; and 4-14 (4) the signature of the insurance agent providing 4-15 coverage. 4-16 (c) An application under this section must be notarized and 4-17 contain the applicant's state identification number, if any, sales 4-18 tax number, and Internal Revenue Service employer identification 4-19 number. 4-20 (d) The business name used by an applicant under this 4-21 section must be the same on all documents included with the 4-22 application. 4-23 (e) The applicant shall provide the applicant's telephone 4-24 number and mailing address. The applicant shall also provide the 4-25 address where the applicant is physically located if different from 4-26 the mailing address. 4-27 (f) If the applicant is a partnership or corporation, the 5-1 application must include: 5-2 (1) the name of each owner of the applicant; and 5-3 (2) the name and signature of the individual who filed 5-4 the application for the applicant. 5-5 SECTION 5. FEES. The commission by rule shall set 5-6 application and registration fees under this Act. 5-7 SECTION 6. REGISTRATION RENEWAL. (a) A person holding a 5-8 certificate of registration may renew the certificate by: 5-9 (1) completing the renewal application form prescribed 5-10 by the commissioner; 5-11 (2) paying the renewal fee set by the commission; and 5-12 (3) providing proof that the person satisfies the 5-13 workers' compensation insurance and liability insurance coverage 5-14 requirements under Section 4(b) of this Act. 5-15 (b) A holder of a certificate of registration under this Act 5-16 who fails to renew the certificate before the date the registration 5-17 expires must pay a late fee set by the commission in addition to 5-18 the other renewal requirements of this section. 5-19 SECTION 7. COMMISSIONER AND DEPARTMENT DUTIES; 5-20 INVESTIGATIONS. (a) The commissioner shall enforce this Act. 5-21 (b) The department shall investigate allegations of 5-22 violations of this Act. 5-23 SECTION 8. SUSPENSION, REVOCATION, AND RENEWAL OF 5-24 REGISTRATION; REISSUANCE. (a) After a hearing, the commissioner 5-25 shall suspend or revoke a certificate of registration on a finding 5-26 that a person: 5-27 (1) made a material misstatement in an application for 6-1 a certificate of registration; 6-2 (2) wilfully disregarded or violated this Act or a 6-3 rule adopted under this Act; 6-4 (3) wilfully aided or abetted another in the violation 6-5 of this Act or a rule adopted under this Act; 6-6 (4) was convicted for a crime an essential element of 6-7 which is misstatement, fraud, or dishonesty, or a felony; or 6-8 (5) engaged in dishonorable or unethical conduct 6-9 likely to deceive, defraud, or harm the public. 6-10 (b) The commissioner may reissue a certificate of 6-11 registration to a person whose certificate of registration has been 6-12 revoked if the person applies in writing to the department and 6-13 shows good cause to justify reissuing the certificate of 6-14 registration. 6-15 SECTION 9. PROHIBITED ACTS. (a) Except as provided by 6-16 Subsections (c) and (e) of this section, a person may not engage in 6-17 metal lathing, plastering, spray fireproofing, or the application 6-18 of an exterior insulation finish system for compensation unless the 6-19 person holds a plastering contractor certificate of registration 6-20 under this Act. 6-21 (b) A person may not bid on or accept a prime contract to 6-22 engage in metal lathing, plastering, spray fireproofing, or the 6-23 application of an exterior insulation finish system unless the 6-24 person is registered as a plastering contractor under this Act. 6-25 (c) Subsection (a) of this section does not apply to a 6-26 person who performs plastering contracting if: 6-27 (1) the person is a maintenance worker or maintenance 7-1 engineer who is a bona fide employee of the property owner, the 7-2 property lessee, or the management company managing the property 7-3 where the maintenance work is being performed; 7-4 (2) the work is performed in connection with the 7-5 business in which the person is employed; and 7-6 (3) the person and the person's employer do not engage 7-7 in the occupation of plastering contracting for the general public. 7-8 (d) A person exempt from the registration requirements 7-9 imposed under this Act by Subsection (c) of this section may be 7-10 subject to any permit, inspection, or approval requirements 7-11 prescribed by a municipal ordinance. 7-12 (e) Subsection (a) of this section does not apply to a 7-13 person who performs plastering without a certificate of 7-14 registration under this Act if the person obtains from the owner of 7-15 the building on which the plastering is being performed a signed 7-16 written disclosure stating explicitly that the owner understands 7-17 that the person who is performing plastering on the building is not 7-18 registered under this Act. 7-19 SECTION 10. OFFENSE; ADMINISTRATIVE PENALTY. (a) A person 7-20 commits an offense if the person knowingly or intentionally acts as 7-21 a plastering contractor in violation of this Act. An offense under 7-22 this subsection is a Class C misdemeanor. 7-23 (b) A person who violates this Act or a rule adopted under 7-24 this Act is subject to an administrative penalty assessed by the 7-25 commission as provided by Section 17, Article 9100, Revised 7-26 Statutes. 7-27 SECTION 11. TRANSITION. In making the initial appointments 8-1 to the Plastering Contractors Advisory Board, the commissioner 8-2 shall designate three members for terms expiring on February 1, 8-3 2001, and three members for terms expiring on February 1, 2002. 8-4 SECTION 12. EFFECTIVE DATE. (a) Except as provided by 8-5 Subsection (b) of this section, this Act takes effect September 1, 8-6 1999. 8-7 (b) Sections 9 and 10 of this Act take effect March 1, 2000. 8-8 SECTION 13. EMERGENCY. The importance of this legislation 8-9 and the crowded condition of the calendars in both houses create an 8-10 emergency and an imperative public necessity that the 8-11 constitutional rule requiring bills to be read on three several 8-12 days in each house be suspended, and this rule is hereby suspended.