By Brimer                                             H.B. No. 2044
         76R8109 MXM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the registration of roofing contractors; providing
 1-3     penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  SHORT TITLE.  This Act may be cited as the
 1-6     Roofing Contractors Registration Law.
 1-7           SECTION 2.  DEFINITIONS.  In this Act:
 1-8                 (1)  "Advisory board" means the Roofing Contractors
 1-9     Advisory Board.
1-10                 (2)  "Certificate" means a certificate of registration
1-11     issued under this Act.
1-12                 (3)  "Commercial roofing" means the exterior roof,
1-13     cover, or skin of the roof assembly consisting of membrane, metal
1-14     panels, sheets, shingles, tiles, slate, or other materials on any
1-15     building or structure other than residential buildings or
1-16     structures.
1-17                 (4)  "Commission" means the Texas Commission of
1-18     Licensing and Regulation.
1-19                 (5)  "Commissioner" means the commissioner of licensing
1-20     and regulation.
1-21                 (6)  "Person" means an individual, partnership,
1-22     corporation, or other legal entity.
1-23                 (7)  "Residential roofing" means any material applied
1-24     to the exterior roof framing, whether of wood or steel, on a
 2-1     single-family home, duplex, triplex, or quadplex.
 2-2                 (8)  "Roofing contracting" means performing or offering
 2-3     to perform the installation, construction, maintenance, service,
 2-4     repair, alteration, or modification of a roofing product or
 2-5     equipment in roofs.
 2-6           SECTION 3.  POWERS AND DUTIES OF COMMISSIONER.  (a) The
 2-7     commissioner shall enforce this Act and may adopt rules relating to
 2-8     enforcement requirements.
 2-9           (b)  The commissioner shall prescribe application forms for
2-10     certificates and shall design the certificates.
2-11           (c)  The commission shall publish annually a directory of
2-12     persons registered under this Act.  The commission may sell the
2-13     directory for a reasonable fee.
2-14           (d)  The commission may contract with another state agency or
2-15     with a political subdivision of the state for the enforcement of
2-16     this Act and the rules adopted by the commissioner under this Act.
2-17           SECTION 4.  ADVISORY BOARD.  (a) The Roofing Contractors
2-18     Advisory Board is created to advise the Texas Department of
2-19     Licensing and Regulation and the commissioner in adopting rules and
2-20     enforcing and administering this Act and to advise the commission
2-21     in setting fees.
2-22           (b)  The advisory board is composed of six members appointed
2-23     by the commissioner who are experienced in roofing contracting.  A
2-24     member shall hold office for a staggered term of two years, with
2-25     three terms expiring on February 1 of each year.
2-26           (c)  The commissioner shall appoint the advisory board
2-27     members as follows:
 3-1                 (1)  three members must be full-time registered roofing
 3-2     contractors with at least 10 years' experience in roofing
 3-3     contracting and must hold the following certificates issued under
 3-4     this Act:
 3-5                       (A)  one member must hold a commercial
 3-6     certificate;
 3-7                       (B)  one member must hold a residential
 3-8     certificate; and
 3-9                       (C)  one member must hold a commercial and a
3-10     residential certificate; and
3-11                 (2)  three members are representatives of the public
3-12     who must be familiar with roofing contracting and may include
3-13     individuals who work as architects, suppliers, manufacturers, or
3-14     consultants.
3-15           (d)  The commissioner shall designate a member of the
3-16     advisory board to serve as presiding officer.
3-17           (e)  The commissioner may remove an advisory board member for
3-18     inefficiency or neglect of duty in office.
3-19           (f)  If a vacancy occurs on the advisory board, the
3-20     commissioner shall appoint a member who represents the same
3-21     interests as the former member to serve the unexpired term.
3-22           (g)  The advisory board shall meet at least twice each year
3-23     at the call of the presiding officer and at a place designated by
3-24     the presiding officer.
3-25           (h)  A decision of the advisory board is not effective unless
3-26     it receives the affirmative vote of at least a majority of the
3-27     members present.
 4-1           (i)  An advisory board member serves without compensation.
 4-2           SECTION 5.  CERTIFICATE REQUIRED.  (a) Unless exempted from
 4-3     registration under Section 11 of this Act, a person may not perform
 4-4     roofing contracting without a certificate issued under this Act.
 4-5           (b)  A certificate issued under this Act is valid throughout
 4-6     this state, and the holder is not required to hold a municipal
 4-7     license or certificate to practice roofing contracting in any
 4-8     municipality in this state.
 4-9           SECTION 6.  ROOFING CONTRACTOR CERTIFICATES.  (a) Roofing
4-10     contractor certificates are of the following three classes and
4-11     entitle the certificate holder to perform the following services,
4-12     respectively:
4-13                 (1)  a Class I certificate entitles the certificate
4-14     holder to perform commercial and residential roofing services;
4-15                 (2)  a Class II certificate entitles the certificate
4-16     holder to perform only commercial roofing services; and
4-17                 (3)  a Class III certificate entitles the certificate
4-18     holder to perform only residential roofing services.
4-19           (b)  The application must be made on a form prescribed by the
4-20     commissioner and must specify the class of certificate the
4-21     applicant seeks.
4-22           (c)  To be eligible for a certificate, an individual
4-23     applicant must:
4-24                 (1)  be at least 18 years of age; and
4-25                 (2)  possess the following roofing contracting
4-26     experience:
4-27                       (A)  for a Class I certificate, three years;
 5-1                       (B)  for a Class II certificate, two years; or
 5-2                       (C)  for a Class III certificate, one year.
 5-3           (d)  An individual's application must be notarized and
 5-4     accompanied by:
 5-5                 (1)  proof of age of the applicant;
 5-6                 (2)  a statement of the applicant's practical
 5-7     experience, including the number of years of experience in roofing;
 5-8                 (3)  the applicant's:
 5-9                       (A)  state identification number, if any;
5-10                       (B)  sales tax number;
5-11                       (C)  Internal Revenue Service employer
5-12     identification number;
5-13                       (D)  telephone number; and
5-14                       (E)  mailing address and, if different from the
5-15     mailing address, the address where the applicant's business is
5-16     physically located; and
5-17                 (4)  the application fee.
5-18           (e)  A business entity  may be registered if the business
5-19     entity is owned by or employs an individual registered under this
5-20     Act who will actively engage in roofing contracting on behalf of
5-21     the applicant.  An application under this subsection must be
5-22     notarized and accompanied by:
5-23                 (1)  the applicant's:
5-24                       (A)  state identification number, if any;
5-25                       (B)  sales tax number;
5-26                       (C)  Internal Revenue Service employer
5-27     identification number;
 6-1                       (D)  telephone number; and
 6-2                       (E)  mailing address and, if different from the
 6-3     mailing address, the address where the applicant's business is
 6-4     physically located;
 6-5                 (2)  the form of the business entity and name of each
 6-6     owner of the applicant;
 6-7                 (3)  the name, address, telephone number, and signature
 6-8     of the individual registered under this Act who owns or is employed
 6-9     by the business entity; and
6-10                 (4)  the application fee.
6-11           (f)  The business name used by an applicant under this
6-12     section must be the same on all documents included with the
6-13     application.
6-14           (g)  Each applicant must submit the evidence of insurance
6-15     coverage required by this Act.
6-16           (h)  A person may not make a material misstatement in an
6-17     application under this Act.
6-18           (i)  The commissioner shall issue a certificate to a person
6-19     who qualifies for a certificate under this Act.
6-20           (j)  A certificate issued under this Act is valid for one
6-21     year from the date of issuance.
6-22           SECTION 7.  CONTINUING EDUCATION.  To renew a certificate, a
6-23     certificate holder must complete eight hours of continuing
6-24     education annually.  The commissioner shall recognize, prepare, or
6-25     administer a continuing education program for certificate holders
6-26     under this Act.
6-27           SECTION 8.  INSURANCE REQUIREMENT.  (a)  A certificate holder
 7-1     shall maintain general liability insurance coverage in the
 7-2     following amounts:
 7-3                 (1)  for a Class I certificate, $250,000 per
 7-4     occurrence, with a minimum total aggregate of $500,000;
 7-5                 (2)  for a Class II certificate, $250,000 per
 7-6     occurrence, with a minimum total aggregate of $500,000; and
 7-7                 (3)  for a Class III certificate, $100,000 minimum
 7-8     total aggregate.
 7-9           (b)  Each applicant for a certificate, and each certificate
7-10     holder, on renewal of the certificate, shall provide to the
7-11     commissioner a document issued by the person's insurer that states
7-12     the following insurance policy information for that applicant or
7-13     holder:
7-14                 (1)  the name of the insurer;
7-15                 (2)  the policy number;
7-16                 (3)  the limits of coverage under the policy;
7-17                 (4)  the name of each insured under the policy;
7-18                 (5)  the policy term;
7-19                 (6)  any cancellation clause applicable to the
7-20     coverage; and
7-21                 (7)  a signature from the insurer or an agent for that
7-22     insurer.
7-23           SECTION 9.  COMPLICITY.  A person may not aid or abet a
7-24     person to violate this Act.
7-25           SECTION 10.  DENIAL, SUSPENSION, OR REVOCATION OF
7-26     CERTIFICATE.  (a)  A violation of this Act or a rule adopted under
7-27     this Act is a ground for the denial, suspension, or revocation of a
 8-1     certificate issued under this Act and a ground for the imposition
 8-2     of an administrative penalty under Article 9100, Revised Statutes.
 8-3           (b)  A conviction of a crime an essential element of which is
 8-4     misstatement, fraud, or dishonesty, or of a felony, is a ground for
 8-5     denial, suspension, or revocation of a certificate.
 8-6           (c)  A proceeding for the denial, suspension, or revocation
 8-7     of a certificate or an appeal from that proceeding is subject to
 8-8     Chapter 2001, Government Code.  The imposition of an administrative
 8-9     penalty is subject to Article 9100, Revised Statutes.
8-10           (d)  The commissioner may reissue a certificate of
8-11     registration that has been revoked under this section if the
8-12     certificate holder applies in writing to the commissioner and shows
8-13     good cause to justify reissuance.
8-14           SECTION 11.  EXEMPTIONS.  (a)  This Act does not apply to a
8-15     person:
8-16                 (1)  while the person performs roofing contracting:
8-17                       (A)  on new residential construction of a
8-18     single-family home, duplex, triplex, or quadplex;
8-19                       (B)  under the direct supervision of an
8-20     individual certificate holder;
8-21                       (C)  on property owned by the person and used as
8-22     the person's residence; or
8-23                       (D)  on a dwelling owned by a member of the
8-24     person's family;
8-25                 (2)  who is registered and regulated as a manufacturer,
8-26     rebuilder, retailer, or installer under the Texas Manufactured
8-27     Housing Standards Act (Article 5221f, Vernon's Texas Civil
 9-1     Statutes) while the person performs roofing contracting  in the
 9-2     building or installation of manufactured homes or in providing
 9-3     retailer or manufacturer warranty services free of charge to the
 9-4     consumer; or
 9-5                 (3)  who is a maintenance engineer while the person
 9-6     performs roofing contracting as an employee of the property owner,
 9-7     the property lessee, or the management company managing the
 9-8     property where the roofing contracting work is being performed.
 9-9           (b)  This Act does not restrict the practice of architecture
9-10     or engineering by a person licensed in this state to practice that
9-11     profession.
9-12           SECTION 12.  ENFORCEMENT OF CONTRACTS.  (a)  A person who
9-13     performs roofing contracting without holding the appropriate
9-14     certificate under this Act may not collect a fee or otherwise
9-15     enforce a contract for the roofing service performed.  To enforce a
9-16     contract for the performance of roofing contracting, the person
9-17     performing the service must present proof that the person held a
9-18     certificate under this Act at the time the contract was signed and
9-19     the work was performed.
9-20           (b)  The commissioner shall adopt rules relating to the
9-21     manner in which proof may be presented under this section.
9-22           SECTION 13.  OFFENSE; CRIMINAL PENALTY.  A person commits an
9-23     offense if the person knowingly or intentionally engages in roofing
9-24     contracting without holding a certificate issued under this Act.
9-25     An offense under this section is a Class B misdemeanor.
9-26           SECTION 14.  INITIAL BOARD MEMBERS.  In making the initial
9-27     appointments to the advisory board, the commissioner shall
 10-1    designate three members for terms expiring on February 1, 2000, and
 10-2    three members for terms expiring on February 1, 2001.  An initial
 10-3    board member appointed under Section 4(c)(1) of this Act is not
 10-4    required to be registered under this Act until September 1, 2000,
 10-5    but must be eligible for registration under this Act as of the time
 10-6    of the initial appointment.
 10-7          SECTION 15.  EFFECTIVE DATE.  (a)  Except as provided by
 10-8    Subsection (b) of this section, this Act takes effect September 1,
 10-9    1999.
10-10          (b)  Sections 5 and 13 of this Act take effect September 1,
10-11    2000.
10-12          SECTION 16.  EMERGENCY.  The importance of this legislation
10-13    and the crowded condition of the calendars in both houses create an
10-14    emergency and an imperative public necessity that the
10-15    constitutional rule requiring bills to be read on three several
10-16    days in each house be suspended, and this rule is hereby suspended.