By Lindsay                                            S.B. No. 1014
         76R7287 JMM-F                          
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the licensing and regulation of certain contractors;
 1-3     providing 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)  "Advisory board" means the Contractor Licensing
 1-7     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)  "Contracting" means the business of undertaking or
1-13     offering to undertake, for a fixed price, commission, fee, or wage,
1-14     as a general or prime contractor, the construction or installation
1-15     or supervision of the construction or installation of a highway,
1-16     road, street, bridge, sewer, storm drain system, water main,
1-17     pipeline, publicly owned treatment works, underground private or
1-18     public utilities, underground telecommunications system, or any
1-19     related service to the extent the construction, installation, or
1-20     supervision is to be paid for by, or the item constructed or
1-21     installed is to be maintained by, a federal, state, or local
1-22     governmental entity.
1-23                 (5)  "Contractor" means a person who engages in
1-24     contracting.
 2-1                 (6)  "Department" means the Texas Department of
 2-2     Licensing and Regulation.
 2-3                 (7)  "Person" has the meaning assigned by Section
 2-4     311.005, Government Code.
 2-5           SECTION 2.  LICENSE REQUIRED.  A person, other than a
 2-6     governmental entity, may not engage in the business of contracting
 2-7     unless the person holds a license issued under this Act.
 2-8           SECTION 3.  CONTRACTOR LICENSING ADVISORY BOARD.  (a)  The
 2-9     Contractor Licensing Advisory Board is established as an advisory
2-10     board to the department.  The advisory board consists of six
2-11     members appointed by the commissioner.  A member holds office for a
2-12     term of two years, with three members' terms expiring February 1
2-13     each year.  The commissioner shall designate a member to serve as
2-14     the board's presiding officer.
2-15           (b)  Three of the members appointed under Subsection (a) of
2-16     this section must be contractors eligible for a license under this
2-17     Act.  The remaining three members of the advisory board shall
2-18     represent the general public but must be familiar with the
2-19     contracting industry.
2-20           (c)  The commissioner may remove a member of the advisory
2-21     board for inefficiency or neglect of duty in office.  If a vacancy
2-22     occurs on the advisory board, the commissioner shall appoint a
2-23     member who represents the same interests as the former member to
2-24     serve for the unexpired term.
2-25           (d)  The advisory board shall meet at least twice each year
2-26     at the call of the presiding officer at the place designated by the
2-27     presiding officer.  A decision of the advisory board is not valid
 3-1     unless supported by a majority of the members present at the
 3-2     meeting at which the decision is made.
 3-3           (e)  The advisory board shall advise the commissioner in
 3-4     adopting rules, setting fees, establishing registration renewal
 3-5     requirements, and enforcing and administering this Act.
 3-6           (f)  A member is not entitled to compensation.  Reimbursement
 3-7     of members for expenses incurred for service on the advisory board
 3-8     is subject to Section 2110.004, Government Code.
 3-9           SECTION 4.  ISSUANCE OF LICENSE; RULES.  (a)  The
3-10     commissioner shall issue a license to an applicant who possesses
3-11     the qualifications for a license required by this Act or a rule
3-12     adopted under this Act.
3-13           (b)  The commissioner shall:
3-14                 (1)  adopt rules relating to issuing a license under
3-15     this Act; and
3-16                 (2)  prescribe all forms required under this Act.
3-17           (c)  A license issued under this Act is valid for one year
3-18     from the date of issuance.
3-19           SECTION 5.  LICENSE REQUIREMENTS; EXAMINATION.  (a)  To
3-20     qualify for a license under this Act, a person must apply on a form
3-21     prescribed by the commissioner and pay any application, license,
3-22     and examination fees required by the commission.
3-23           (b)  The advisory board shall investigate the qualifications
3-24     of each applicant for a license under this Act and advise the
3-25     commissioner with regard to the qualifications of each applicant.
3-26     The advisory board shall consider:
3-27                 (1)  the applicant's experience and ability;
 4-1                 (2)  whether the applicant has been convicted of a
 4-2     felony;
 4-3                 (3)  the applicant's safety record;
 4-4                 (4)  the applicant's character and past record;
 4-5                 (5)  the ability of the applicant to read plans and
 4-6     specifications and to estimate costs;
 4-7                 (6)  the applicant's financial condition;
 4-8                 (7)  the applicant's construction ethics; and
 4-9                 (8)  any other qualification the advisory board
4-10     determines necessary.
4-11           (c)  An applicant for a license who receives a favorable
4-12     recommendation by the advisory board and is approved by the
4-13     commissioner must pass an examination prescribed by the
4-14     commissioner with the advice of the advisory board.  An applicant
4-15     who fails the examination may be given one opportunity to be
4-16     reexamined without payment of an additional fee.
4-17           SECTION 6.  FINANCIAL STATEMENT;  BOND.  (a)  An applicant
4-18     for an original license or for renewal of a license must furnish to
4-19     the commissioner an audited financial statement that includes a
4-20     balance sheet, income statement, statement of cash flow, and
4-21     retained earnings statement and is prepared according to generally
4-22     accepted accounting principles and certified by a certified public
4-23     accountant licensed in this state.  The statement must be dated not
4-24     later than the 60th day after the expiration date of the fiscal
4-25     year of the applicant or license holder and state the assets,
4-26     liabilities, and net worth of the person.  The financial statement
4-27     submitted under this section is confidential and may not be
 5-1     disclosed except as required by law.
 5-2           (b)  An applicant for an original license or for renewal of a
 5-3     license under this Act must furnish to the board a performance bond
 5-4     issued by a surety authorized to issue bonds in this state in an
 5-5     amount prescribed by the commissioner.
 5-6           SECTION 7.  FEES.  The commission by rule shall set
 5-7     application, registration, and examination fees under this Act.
 5-8           SECTION 8.  LICENSE RENEWAL.  (a)  A person holding a license
 5-9     may renew the license by:
5-10                 (1)  completing the renewal application form prescribed
5-11     by the commissioner;
5-12                 (2)  paying the renewal fee set by the commission; and
5-13                 (3)  meeting any other requirement for renewal required
5-14     by this Act or by rule of the commissioner.
5-15           (b)  A holder of a license under this Act who fails to renew
5-16     the license before the date the license expires must pay a late fee
5-17     set by the commission in addition to the other renewal requirements
5-18     of this section.
5-19           SECTION 9.  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 10.  SUSPENSION, REVOCATION, AND RENEWAL OF LICENSE;
5-24     REISSUANCE.  (a)  After a hearing, the commissioner shall suspend
5-25     or revoke a license on a finding that:
5-26                 (1)  the license holder's past performance or safety
5-27     record is unsatisfactory;
 6-1                 (2)  the license holder has failed to pay labor and
 6-2     material bills in a timely manner;
 6-3                 (3)  the license holder has failed to adequately carry
 6-4     out the contracts into which the license holder has entered;
 6-5                 (4)  the license holder wilfully disregarded or
 6-6     violated this Act or a rule adopted under this Act;
 6-7                 (5)  the license holder wilfully aided or abetted
 6-8     another in the violation of this Act or a rule adopted under this
 6-9     Act;
6-10                 (6)  the license holder was convicted for a crime an
6-11     essential element of which is misstatement, fraud, or dishonesty or
6-12     a felony; or
6-13                 (7)  the license holder engaged in dishonorable or
6-14     unethical conduct likely to deceive, defraud, or harm the public.
6-15           (b)  The commissioner may reissue a license to a person whose
6-16     license has been revoked if the person applies in writing to the
6-17     department and shows good cause to justify reissuing the license.
6-18     The commissioner may not reissue a license before the first
6-19     anniversary of the date the license was revoked.
6-20           SECTION 11.  DUTY OF GOVERNMENTAL ENTITIES; VOID CONTRACTS.
6-21     (a)  A governmental entity may not execute a contract for an agency
6-22     or political subdivision of the state or issue a building or other
6-23     permit if the contract or permit involves the services of a
6-24     contractor who is not licensed under this Act.  Before the contract
6-25     may be executed or the permit issued, the contractor must provide
6-26     proof to the governmental entity that the person is licensed under
6-27     this Act.
 7-1           (b)  A governmental entity shall report to the department the
 7-2     name of any contractor who offers to enter into a contract or
 7-3     applies for a permit in violation of this Act.
 7-4           (c)  A contract issued or awarded in violation of this Act is
 7-5     void.
 7-6           SECTION 12.  OFFENSE; ADMINISTRATIVE PENALTY.  (a)  A person
 7-7     commits an offense if the person knowingly or intentionally acts as
 7-8     a contractor in violation of this Act.  An offense under this
 7-9     subsection is a Class B misdemeanor.
7-10           (b)  A person who violates this Act or a rule adopted under
7-11     this Act is subject to an administrative penalty assessed by the
7-12     commission as provided by Section 17, Article 9100, Revised
7-13     Statutes.
7-14           SECTION 13.  TRANSITION.  (a)  In making the initial
7-15     appointments to the Contractor Licensing Advisory Board, the
7-16     commissioner shall designate three members for terms expiring on
7-17     February 1, 2001, and three members for terms expiring on February
7-18     1, 2002.
7-19           (b)  The commissioner shall issue a license under this Act to
7-20     an applicant who presents evidence satisfactory to the advisory
7-21     board and the commissioner that the applicant has acted as a
7-22     contractor for not less than three years preceding the effective
7-23     date of this Act.  An applicant under this subsection who pays the
7-24     required license fee is entitled to a license without satisfying
7-25     the other requirements for issuance of a license under this Act.
7-26     This subsection expires September 1, 2000.
7-27           SECTION 14.  EFFECTIVE DATE.  (a)  Except as provided by
 8-1     Subsection (b) of this section, this Act takes effect September 1,
 8-2     1999.
 8-3           (b)  Sections 2, 11, and 12 of this Act take effect March 1,
 8-4     2000.
 8-5           SECTION 15.  EMERGENCY.  The importance of this legislation
 8-6     and the crowded condition of the calendars in both houses create an
 8-7     emergency and an imperative public necessity that the
 8-8     constitutional rule requiring bills to be read on three several
 8-9     days in each house be suspended, and this rule is hereby suspended.