By Garcia H.B. No. 1023
76R4942 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration 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 9034 to read as follows:
1-7 Art. 9034. 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) "Commission" means the Texas Commission of
1-12 Licensing and Regulation.
1-13 (3) "Commissioner" means the commissioner of licensing
1-14 and regulation.
1-15 (4) "Department" means the Texas Department of
1-16 Licensing and Regulation.
1-17 (5) "Drywall" means interior and exterior gypsum board
1-18 products.
1-19 (6) "Person" includes an individual, corporation,
1-20 partnership, association, and any other legal entity.
1-21 (7) "Wall and ceiling contractor" means a person who
1-22 engages in installing interior light-gauge framing, drywall, or
1-23 acoustical ceilings.
1-24 Sec. 2. ISSUANCE OF CERTIFICATE OF REGISTRATION; TERM. (a)
2-1 The commission shall issue a certificate of registration to an
2-2 applicant for registration as a wall and ceiling contractor who
2-3 possesses the qualifications for a certificate established under
2-4 this article or a rule adopted under this article.
2-5 (b) A certificate of registration issued under this article
2-6 is valid for two years from the date of issuance.
2-7 Sec. 3. REGISTRATION REQUIREMENTS. (a) To qualify for a
2-8 certificate of registration under this article, a person must apply
2-9 on a form prescribed by the commissioner and pay any application
2-10 and registration fee required by the commission. An applicant must
2-11 show evidence of financial responsibility in the manner required by
2-12 the commissioner. The commissioner may require an applicant to
2-13 submit information regarding an applicant's:
2-14 (1) sales tax number;
2-15 (2) employer identification number, if any, assigned
2-16 by the Texas Workforce Commission, including a number assigned for
2-17 unemployment compensation purposes;
2-18 (3) federal tax identification number;
2-19 (4) filings with a county or a state regarding the
2-20 applicant's status as a business entity, including a filing
2-21 regarding an assumed name, corporation, or other business entity;
2-22 or
2-23 (5) local permits or licenses.
2-24 (b) An applicant under this article shall provide to the
2-25 commissioner a certificate of workers' compensation insurance
2-26 coverage or a certificate in a form acceptable to the commissioner
2-27 of a recognized alternative to workers' compensation insurance
3-1 coverage. An applicant shall also provide proof that the person is
3-2 covered by general liability insurance. Proof of insurance
3-3 coverage under this section must include:
3-4 (1) the policy number and name of the insurer;
3-5 (2) the amounts of coverage;
3-6 (3) the effective date and expiration date of the
3-7 coverage;
3-8 (4) the extent and type of coverage; and
3-9 (5) if the policy contains a cancellation clause
3-10 applicable to the coverage, the signature of the insurance agent.
3-11 (c) An application under this section must be notarized.
3-12 (d) The applicant shall provide to the commissioner the
3-13 applicant's telephone number and mailing address. The applicant
3-14 shall also provide the address of the physical location at which
3-15 the applicant engages in business as a wall and ceiling contractor
3-16 if that address is different from the applicant's mailing address.
3-17 (e) An applicant that is a business entity must include with
3-18 the applicant's application:
3-19 (1) the name of each owner of the business entity; and
3-20 (2) the name and signature of the individual who filed
3-21 the application for the business entity.
3-22 Sec. 4. REGISTRATION RENEWAL. (a) A person who holds a
3-23 certificate of registration may renew the certificate by:
3-24 (1) filing a renewal application with the
3-25 commissioner;
3-26 (2) paying the renewal fee; and
3-27 (3) providing proof to the commissioner that the
4-1 person satisfies any renewal requirements that the commissioner may
4-2 by rule adopt.
4-3 (b) A certificate holder who renews the certificate after
4-4 the date on which the registration expires shall pay a late fee set
4-5 by the commission in addition to satisfying the other renewal
4-6 requirements of this section.
4-7 Sec. 5. INVESTIGATIONS. The department shall investigate a
4-8 violation of this article.
4-9 Sec. 6. SUSPENSION, REVOCATION, AND RENEWAL OF REGISTRATION;
4-10 REISSUANCE. (a) After a hearing, the commissioner may impose an
4-11 administrative penalty, or suspend or revoke a person's certificate
4-12 of registration, if the person is found to have:
4-13 (1) made a material misstatement in an application for
4-14 a certificate of registration;
4-15 (2) wilfully disregarded or violated this article or a
4-16 rule adopted under this article;
4-17 (3) wilfully aided or abetted another person in the
4-18 violation of this article or a rule adopted under this article;
4-19 (4) been convicted of a crime, an essential element of
4-20 which is misstatement, fraud, or dishonesty, or a felony; or
4-21 (5) engaged in dishonorable or unethical conduct
4-22 intended to deceive, defraud, or harm the public.
4-23 (b) The commissioner may reissue a certificate of
4-24 registration to a person whose certificate of registration has been
4-25 revoked under Subsection (a) of this section if the person shows
4-26 good cause for the reissuance of the person's certificate.
4-27 Sec. 7. CERTIFICATE OF REGISTRATION REQUIRED; EXEMPTIONS.
5-1 (a) A person may not act as a wall and ceiling contractor for
5-2 compensation unless the person holds a certificate of registration
5-3 as a wall and ceiling contractor issued under this article.
5-4 (b) A person may not bid on or accept a contract to engage
5-5 in providing and installing light-gauge framing, drywall, or
5-6 acoustical ceilings unless the person is registered as a wall and
5-7 ceiling contractor under this article.
5-8 (c) This article does not apply to a wall and ceiling
5-9 contractor who bids or accepts a contract for work as a wall and
5-10 ceiling contractor on a single family, duplex, triplex, or
5-11 quadraplex residential home.
5-12 Sec. 8. OFFENSE. A person commits an offense if the person
5-13 knowingly or intentionally violates Section 7 of this article. An
5-14 offense under this article is a Class C misdemeanor.
5-15 Sec. 9. ADMINISTRATIVE PENALTY. A person who violates this
5-16 article or a rule adopted under this article is subject to an
5-17 administrative penalty assessed by the commission as provided by
5-18 Section 17, Article 9100, Revised Statutes.
5-19 SECTION 2. The commissioner of licensing and regulation and
5-20 the Texas Commission of Licensing and Regulation shall adopt rules
5-21 under Article 9034, Revised Statutes, as added by this Act, not
5-22 later than December 1, 1999.
5-23 SECTION 3. (a) Except as provided by Subsection (b) of this
5-24 section, this Act takes effect September 1, 1999.
5-25 (b) Sections 7, 8, and 9, Article 9034, Revised Statutes, as
5-26 added by this Act, take effect March 1, 2000.
5-27 SECTION 4. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended.