By Haggerty H.B. No. 1077
77R709 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration of locksmiths; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 10, Occupations Code, is amended by adding
1-5 Chapter 1705 to read as follows:
1-6 CHAPTER 1705. LOCKSMITHS
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 1705.001. DEFINITIONS. In this chapter:
1-9 (1) "Certificate" means a certificate of registration
1-10 issued under this chapter.
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) "Locksmith" means a person who engages in the
1-16 business of installing or repairing locks and related security and
1-17 access control devices.
1-18 Sec. 1705.002. POWERS AND DUTIES OF COMMISSIONER. (a) The
1-19 commissioner shall enforce this chapter and may adopt rules
1-20 relating to enforcement requirements.
1-21 (b) The commissioner shall prescribe application forms for
1-22 certificates and shall design the certificates.
1-23 Sec. 1705.003. EXEMPTION. This chapter does not apply to a
1-24 person licensed by the Texas Commission on Private Security.
2-1 Sec. 1705.004. ELECTRONIC AVAILABILITY OF INFORMATION. The
2-2 commission shall work with the comptroller and otherwise take steps
2-3 to make available to the public, through the Internet, information
2-4 regarding the issuance, revocation, and suspension of certificates.
2-5 (Sections 1705.005-1705.050 reserved for expansion
2-6 SUBCHAPTER B. CERTIFICATE REQUIREMENTS
2-7 Sec. 1705.051. VOLUNTARY REGISTRATION. (a) The
2-8 certification program established under this chapter is voluntary.
2-9 A locksmith who wishes to hold a certificate must comply with this
2-10 chapter.
2-11 (b) Only a certificate holder may advertise that the person
2-12 is registered with the state as a locksmith.
2-13 Sec. 1705.052. APPLICATION ON FORM PRESCRIBED BY
2-14 COMMISSIONER. An application for a certificate must be made on a
2-15 form prescribed by the commissioner.
2-16 Sec. 1705.053. INDIVIDUAL APPLICATION FOR CERTIFICATE. (a)
2-17 To be eligible for a certificate, an individual must be a
2-18 locksmith.
2-19 (b) An individual's application must be notarized and
2-20 accompanied by:
2-21 (1) the applicant's:
2-22 (A) name;
2-23 (B) telephone number; and
2-24 (C) mailing address and, if different from the
2-25 mailing address, the address where the applicant's business is
2-26 located;
2-27 (2) the nonrefundable $75 application fee;
3-1 (3) evidence of the insurance coverage required by
3-2 this chapter; and
3-3 (4) a declaration that the person has not been
3-4 convicted of a felony.
3-5 Sec. 1705.054. CRIMINAL HISTORY RECORD CHECK REQUIRED.
3-6 Before issuing a certificate to an individual, the commission shall
3-7 verify, under Section 411.122, Government Code, that the individual
3-8 has not been convicted of a felony.
3-9 Sec. 1705.055. BUSINESS APPLICATION FOR CERTIFICATE. (a) A
3-10 business entity may apply for a certificate if the business entity
3-11 is owned by or employs an individual who is a certificate holder
3-12 and who will actively act as a locksmith contracting on behalf of
3-13 the applicant. An application under this section must be notarized
3-14 and accompanied by:
3-15 (1) the applicant's:
3-16 (A) name;
3-17 (B) telephone number; and
3-18 (C) mailing address and, if different from the
3-19 mailing address, the address where the applicant's business is
3-20 located;
3-21 (2) a statement of the form of the business entity
3-22 that includes the name of each owner of the applicant;
3-23 (3) the name, address, and location for service of
3-24 process on the business entity;
3-25 (4) the name, address, telephone number, and signature
3-26 of the individual certificate holder who owns or is employed by the
3-27 business entity;
4-1 (5) the nonrefundable $75 application fee; and
4-2 (6) evidence of the insurance coverage required by
4-3 this chapter.
4-4 (b) The business name used by an applicant under this
4-5 section must be the name used on all documents included with the
4-6 application.
4-7 Sec. 1705.056. EFFECT OF CRIMINAL CONVICTION. A person
4-8 convicted under Section 1705.253(a) is not eligible for a
4-9 certificate until the fifth anniversary of the date the conviction
4-10 becomes final.
4-11 Sec. 1705.057. INSURANCE REQUIREMENT. (a) Each certificate
4-12 holder shall maintain general liability insurance coverage with a
4-13 minimum value of $50,000 for each occurrence, whether the claim
4-14 arises out of negligence or breach of contract.
4-15 (b) Each applicant for a certificate and each certificate
4-16 holder shall provide to the commissioner a document issued by the
4-17 person's insurer, signed by the insurer or the insurer's agent,
4-18 that states the following insurance policy information for that
4-19 applicant or holder:
4-20 (1) the name of the insurer;
4-21 (2) the policy number;
4-22 (3) the limits of coverage under the policy;
4-23 (4) the name of each insured under the policy;
4-24 (5) the policy term; and
4-25 (6) any cancellation clause applicable to the
4-26 coverage.
4-27 (Sections 1705.058-1705.100 reserved for expansion
5-1 SUBCHAPTER C. CERTIFICATE RENEWAL
5-2 Sec. 1705.101. ANNUAL RENEWAL. A certificate is valid for
5-3 one year after the date of issuance and may be renewed before its
5-4 expiration date on payment of a $50 renewal fee and compliance with
5-5 any renewal requirements adopted by rule by the commissioner.
5-6 (Sections 1705.102-1705.150 reserved for expansion
5-7 SUBCHAPTER D. PRACTICE BY CERTIFICATE HOLDER
5-8 Sec. 1705.151. BOND REQUIREMENT. If requested by a customer,
5-9 a certificate holder shall post a performance bond in the amount
5-10 requested by the customer, but not to exceed $25,000.
5-11 (Sections 1705.152-1705.200 reserved for expansion
5-12 SUBCHAPTER E. CERTIFICATE DENIAL AND DISCIPLINARY PROCEDURES
5-13 Sec. 1705.201. DENIAL, SUSPENSION, OR REVOCATION OF
5-14 CERTIFICATE. A violation of this chapter or a rule adopted under
5-15 this chapter is a ground for:
5-16 (1) the denial, suspension, or revocation of a
5-17 certificate; or
5-18 (2) the imposition of an administrative penalty under
5-19 Chapter 51.
5-20 Sec. 1705.202. SUSPENSION FOR FALSE INFORMATION ON
5-21 APPLICATION. (a) It is a ground for the suspension of a
5-22 certificate if an applicant for a certificate:
5-23 (1) negligently makes a material misstatement on an
5-24 application; or
5-25 (2) makes a nonmaterial misstatement on an
5-26 application.
5-27 (b) A suspension period under this section may not exceed
6-1 six months.
6-2 (Sections 1705.203-1705.250 reserved for expansion
6-3 SUBCHAPTER F. CRIMINAL PENALTIES
6-4 Sec. 1705.251. COMPLICITY. A person may not aid or abet a
6-5 person to violate this chapter.
6-6 Sec. 1705.252. FALSE REPRESENTATION AS REGISTERED LOCKSMITH;
6-7 CRIMINAL PENALTY. (a) A person commits an offense if the person
6-8 knowingly represents that the person is registered as a locksmith
6-9 in this state without holding a certificate.
6-10 (b) An offense under this section is a Class A misdemeanor.
6-11 Sec. 1705.253. PROVIDING FALSE INFORMATION ON APPLICATION;
6-12 CRIMINAL PENALTIES. (a) A person commits an offense if the person
6-13 knowingly makes a material misstatement on an initial or renewal
6-14 application for a certificate. An offense under this subsection is
6-15 a Class B misdemeanor.
6-16 (b) A person commits an offense if, on an initial or renewal
6-17 application for a certificate, the person:
6-18 (1) makes, with criminal negligence, a material
6-19 misstatement; or
6-20 (2) knowingly makes a nonmaterial misstatement.
6-21 (c) An offense under Subsection (b) is a Class C
6-22 misdemeanor.
6-23 SECTION 2. (a) Except as provided by Subsection (b) of this
6-24 section, this Act takes effect January 1, 2002.
6-25 (b) Subchapter F, Chapter 1705, Occupations Code, as added
6-26 by this Act, takes effect June 1, 2002.