By Brimer H.B. No. 2849
77R9155 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 (j) Section 2110.008, Government Code, does not apply to the
4-3 advisory board.
4-4 SECTION 5. CERTIFICATE REQUIRED. (a) Unless exempted from
4-5 registration under Section 11 of this Act, a person may not perform
4-6 roofing contracting without a certificate issued under this Act.
4-7 (b) A certificate issued under this Act is valid throughout
4-8 this state, and the holder is not required to hold a municipal
4-9 license or certificate to practice roofing contracting in any
4-10 municipality in this state.
4-11 SECTION 6. ROOFING CONTRACTOR CERTIFICATES. (a) Roofing
4-12 contractor certificates are of the following three classes and
4-13 entitle the certificate holder to perform the following services,
4-14 respectively:
4-15 (1) a Class I certificate entitles the certificate
4-16 holder to perform commercial and residential roofing services;
4-17 (2) a Class II certificate entitles the certificate
4-18 holder to perform only commercial roofing services; and
4-19 (3) a Class III certificate entitles the certificate
4-20 holder to perform only residential roofing services.
4-21 (b) The application must be made on a form prescribed by the
4-22 commissioner and must specify the class of certificate the
4-23 applicant seeks.
4-24 (c) To be eligible for a certificate, an individual
4-25 applicant must:
4-26 (1) be at least 18 years of age; and
4-27 (2) possess the following roofing contracting
5-1 experience:
5-2 (A) for a Class I certificate, three years;
5-3 (B) for a Class II certificate, two years; or
5-4 (C) for a Class III certificate, one year.
5-5 (d) An individual's application must be notarized and
5-6 accompanied by:
5-7 (1) proof of age of the applicant;
5-8 (2) a statement of the applicant's practical
5-9 experience, including the number of years of experience in roofing;
5-10 (3) the applicant's:
5-11 (A) state identification number, if any;
5-12 (B) sales tax number;
5-13 (C) Internal Revenue Service employer
5-14 identification number;
5-15 (D) telephone number; and
5-16 (E) mailing address and, if different from the
5-17 mailing address, the address where the applicant's business is
5-18 physically located; and
5-19 (4) the application fee.
5-20 (e) A business entity may be registered if the business
5-21 entity is owned by or employs an individual registered under this
5-22 Act who will actively engage in roofing contracting on behalf of
5-23 the applicant. An application under this subsection must be
5-24 notarized and accompanied by:
5-25 (1) the applicant's:
5-26 (A) state identification number, if any;
5-27 (B) sales tax number;
6-1 (C) Internal Revenue Service employer
6-2 identification number;
6-3 (D) telephone number; and
6-4 (E) mailing address and, if different from the
6-5 mailing address, the address where the applicant's business is
6-6 physically located;
6-7 (2) the form of the business entity and name of each
6-8 owner of the applicant;
6-9 (3) the name, address, telephone number, and signature
6-10 of the individual registered under this Act who owns or is employed
6-11 by the business entity; and
6-12 (4) the application fee.
6-13 (f) The business name used by an applicant under this
6-14 section must be the same on all documents included with the
6-15 application.
6-16 (g) Each applicant must submit the evidence of insurance
6-17 coverage required by this Act.
6-18 (h) A person may not make a material misstatement in an
6-19 application under this Act.
6-20 (i) The commissioner shall issue a certificate to a person
6-21 who qualifies for a certificate under this Act.
6-22 (j) A certificate issued under this Act is valid for one
6-23 year from the date of issuance.
6-24 SECTION 7. CONTINUING EDUCATION. To renew a certificate, a
6-25 certificate holder must complete eight hours of continuing
6-26 education annually. The commissioner shall recognize, prepare, or
6-27 administer a continuing education program for certificate holders
7-1 under this Act.
7-2 SECTION 8. INSURANCE REQUIREMENT. (a) A certificate holder
7-3 shall maintain general liability insurance coverage in the
7-4 following amounts:
7-5 (1) for a Class I certificate, $250,000 per
7-6 occurrence, with a minimum total aggregate of $500,000;
7-7 (2) for a Class II certificate, $250,000 per
7-8 occurrence, with a minimum total aggregate of $500,000; and
7-9 (3) for a Class III certificate, $100,000 minimum
7-10 total aggregate.
7-11 (b) Each applicant for a certificate, and each certificate
7-12 holder, on renewal of the certificate, shall provide to the
7-13 commissioner a document issued by the person's insurer that states
7-14 the following insurance policy information for that applicant or
7-15 holder:
7-16 (1) the name of the insurer;
7-17 (2) the policy number;
7-18 (3) the limits of coverage under the policy;
7-19 (4) the name of each insured under the policy;
7-20 (5) the policy term;
7-21 (6) any cancellation clause applicable to the
7-22 coverage; and
7-23 (7) a signature from the insurer or an agent for that
7-24 insurer.
7-25 SECTION 9. COMPLICITY. A person may not aid or abet a
7-26 person to violate this Act.
7-27 SECTION 10. DENIAL, SUSPENSION, OR REVOCATION OF
8-1 CERTIFICATE. (a) A violation of this Act or a rule adopted under
8-2 this Act is a ground for the denial, suspension, or revocation of a
8-3 certificate issued under this Act and a ground for the imposition
8-4 of an administrative penalty under Subchapter F, Chapter 51,
8-5 Occupations Code.
8-6 (b) A conviction of a crime an essential element of which is
8-7 misstatement, fraud, or dishonesty, or of a felony, is a ground for
8-8 denial, suspension, or revocation of a certificate.
8-9 (c) A proceeding for the denial, suspension, or revocation
8-10 of a certificate or an appeal from that proceeding is subject to
8-11 Chapter 2001, Government Code. The imposition of an administrative
8-12 penalty is subject to Subchapter F, Chapter 51, Occupations Code.
8-13 (d) The commissioner may reissue a certificate of
8-14 registration that has been revoked under this section if the
8-15 certificate holder applies in writing to the commissioner and shows
8-16 good cause to justify reissuance.
8-17 SECTION 11. EXEMPTIONS. (a) This Act does not apply to a
8-18 person:
8-19 (1) while the person performs roofing contracting:
8-20 (A) on new residential construction of a
8-21 single-family home, duplex, triplex, or quadplex;
8-22 (B) under the direct supervision of an
8-23 individual certificate holder;
8-24 (C) on property owned by the person and used as
8-25 the person's residence; or
8-26 (D) on a dwelling owned by a member of the
8-27 person's family;
9-1 (2) who is registered and regulated as a manufacturer,
9-2 rebuilder, retailer, or installer under the Texas Manufactured
9-3 Housing Standards Act (Article 5221f, Vernon's Texas Civil
9-4 Statutes) while the person performs roofing contracting in the
9-5 building or installation of manufactured homes or in providing
9-6 retailer or manufacturer warranty services free of charge to the
9-7 consumer; or
9-8 (3) who is a maintenance engineer while the person
9-9 performs roofing contracting as an employee of the property owner,
9-10 the property lessee, or the management company managing the
9-11 property where the roofing contracting work is being performed.
9-12 (b) This Act does not restrict the practice of architecture
9-13 or engineering by a person licensed in this state to practice that
9-14 profession.
9-15 SECTION 12. ENFORCEMENT OF CONTRACTS. (a) A person who
9-16 performs roofing contracting without holding the appropriate
9-17 certificate under this Act may not collect a fee or otherwise
9-18 enforce a contract for the roofing service performed. To enforce a
9-19 contract for the performance of roofing contracting, the person
9-20 performing the service must present proof that the person held a
9-21 certificate under this Act at the time the contract was signed and
9-22 the work was performed.
9-23 (b) The commissioner shall adopt rules relating to the
9-24 manner in which proof may be presented under this section.
9-25 SECTION 13. OFFENSE; CRIMINAL PENALTY. A person commits an
9-26 offense if the person knowingly or intentionally engages in roofing
9-27 contracting without holding a certificate issued under this Act.
10-1 An offense under this section is a Class B misdemeanor.
10-2 SECTION 14. INITIAL BOARD MEMBERS. In making the initial
10-3 appointments to the advisory board, the commissioner shall
10-4 designate three members for terms expiring on February 1, 2002, and
10-5 three members for terms expiring on February 1, 2003. An initial
10-6 board member appointed under Section 4(c)(1) of this Act is not
10-7 required to be registered under this Act until September 1, 2002,
10-8 but must be eligible for registration under this Act as of the time
10-9 of the initial appointment.
10-10 SECTION 15. EFFECTIVE DATE. (a) Except as provided by
10-11 Subsection (b) of this section, this Act takes effect September 1,
10-12 2001.
10-13 (b) Sections 5 and 13 of this Act take effect September 1,
10-14 2002.