By Madla                                              S.B. No. 1557
         77R7654 JMM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the licensing of certain residential contractors;
 1-3     providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                       ARTICLE 1.  GENERAL PROVISIONS
 1-6           SECTION 1.001.  PURPOSE.  It is the intent of the legislature
 1-7     to improve the general welfare and safety of the citizens of this
 1-8     state by regulating persons engaged in the vocation of residential
 1-9     contracting and protecting the public against incompetent and
1-10     inexperienced contractors and the unlawful and fraudulent acts of
1-11     residential contractors.
1-12           SECTION 1.002.  DEFINITIONS.  In this Act:
1-13                 (1)  "Board" means the State Regulatory Board for
1-14     Residential Building Contractors.
1-15                 (2)  "Person" includes an individual, firm,
1-16     partnership, corporation, association, or other organization,
1-17     combination, or legal entity.
1-18                 (3)  "Residential contractor" means a person who, for
1-19     compensation, advertises or offers to undertake, offers a bid to
1-20     undertake, or otherwise engages in, the construction, remodeling,
1-21     repair, or improvement of a single-family dwelling or a duplex,
1-22     triplex, or fourplex residential building.  The term includes a
1-23     construction manager who performs management and services on a
1-24     construction project for a fee.
 2-1           SECTION 1.003.  EXEMPTION.  This Act does not apply to a
 2-2     person who builds or improves a structure on the person's own
 2-3     property for the person's own occupancy or use and who does not
 2-4     offer the structure for sale or rent before the first anniversary
 2-5     of the date of the completion of the building or improvement of the
 2-6     structure.
 2-7                     ARTICLE 2.  STATE REGULATORY BOARD
 2-8                    FOR RESIDENTIAL BUILDING CONTRACTORS
 2-9           SECTION 2.001.  BOARD.  (a) The State Regulatory Board for
2-10     Residential Building Contractors is established.  The board is
2-11     composed of nine members appointed by the governor.  Board members
2-12     serve staggered six-year terms with the terms of three members
2-13     expiring on February 1 of each odd-numbered year.
2-14           (b)  The members of the board are appointed as follows:
2-15                 (1)  four members must be residential contractors
2-16     licensed under this Act;
2-17                 (2)  one member must be a licensed engineer who
2-18     practices structural engineering;
2-19                 (3)  one member must be a registered architect;  and
2-20                 (4)  three members must be representatives of the
2-21     public.
2-22           (c)  A person is not eligible for appointment as a public
2-23     member of the board if the person or the person's spouse:
2-24                 (1)  is registered, certified, or licensed by an
2-25     occupational regulatory agency in the field of construction;
2-26                 (2)  is employed by or participates in the management
2-27     of a business entity or other organization regulated by the board
 3-1     or receiving funds from the board;
 3-2                 (3)  owns or controls, directly or indirectly, more
 3-3     than a 10 percent interest in a business entity or other
 3-4     organization regulated by the board or receiving funds from the
 3-5     board; or
 3-6                 (4)  uses or receives a substantial amount of tangible
 3-7     goods, services, or funds from the board, other than compensation
 3-8     or reimbursement authorized by law for board membership,
 3-9     attendance, or expenses.
3-10           (d)  An officer, employee, or paid consultant of a Texas
3-11     trade association in the field of construction may not be a member
3-12     of the board and may not be an employee of the board who is exempt
3-13     from the state's position classification plan or is compensated at
3-14     or above the amount prescribed by the General Appropriations Act
3-15     for step 1, salary group A17, of the position classification salary
3-16     schedule.
3-17           (e)  A person who is the spouse of an officer, manager, or
3-18     paid consultant of a Texas trade association in the field of
3-19     construction may not be a member of the board and may not be an
3-20     employee of the board who is exempt from the state's position
3-21     classification plan or is compensated at or above the amount
3-22     prescribed by the General Appropriations Act for step 1, salary
3-23     group A17, of the position classification salary schedule.
3-24           (f)  For the purposes of this section, a Texas trade
3-25     association is a nonprofit, cooperative, and voluntarily joined
3-26     association of business or professional competitors in this state
3-27     designed to assist its members and its industry or profession in
 4-1     dealing with mutual business or professional problems and in
 4-2     promoting their common interest.
 4-3           (g)  A vacancy on the board shall be filled by appointment by
 4-4     the governor of a person with the appropriate qualifications to
 4-5     serve for the remainder of the term.
 4-6           (h)  Appointments to the board shall be made without regard
 4-7     to the race, color, disability, sex, religion, age, or national
 4-8     origin of the appointee.
 4-9           (i)  A member of the board may not serve more than one term. 
4-10           (j)  The State Regulatory Board for Residential Building
4-11     Contractors is subject to Chapter 325, Government Code (Texas
4-12     Sunset Act).  Unless continued in existence as provided by that
4-13     chapter, the board is abolished and this Act expires September 1,
4-14     2013.
4-15           SECTION 2.002.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
4-16     removal from the board that a member:
4-17                 (1)  does not have at the time of appointment the
4-18     qualifications required by Section 2.001 of this Act;
4-19                 (2)  does not maintain during service on the board the
4-20     qualifications required by Section 2.001 of this Act;
4-21                 (3)  violates a prohibition established by Section
4-22     2.001 or 2.005 of this Act;
4-23                 (4)  cannot because of illness or disability discharge
4-24     the member's duties for a substantial part of the term for which
4-25     the member is appointed; or
4-26                 (5)  is absent from more than half of the regularly
4-27     scheduled board meetings that the member is eligible to attend
 5-1     during a calendar year unless the absence is excused by majority
 5-2     vote of the board.
 5-3           (b)  The validity of an action of the board is not affected
 5-4     by the fact that it is taken when a ground for removal of a board
 5-5     member exists.
 5-6           (c)  If the executive director has knowledge that a potential
 5-7     ground for removal exists, the executive director shall notify the
 5-8     presiding officer of the potential ground.  The presiding officer
 5-9     shall then notify the governor and the attorney general that a
5-10     potential ground for removal exists.  If the potential ground for
5-11     removal involves the presiding officer, the executive director
5-12     shall notify the next highest officer of the board, who shall
5-13     notify the governor and the attorney general that a potential
5-14     ground for removal exists.
5-15           SECTION 2.003.  OFFICERS;  MEETINGS.  (a) The board shall
5-16     elect annually from the membership of the board a presiding
5-17     officer, assistant presiding officer, and secretary-treasurer.
5-18           (b)  The board shall meet at least annually and at other
5-19     times at the call of the presiding officer.
5-20           SECTION 2.004.  BOARD POWERS AND DUTIES.  (a)  The board
5-21     shall adopt rules consistent with this Act for the administration
5-22     of this Act and for the operation of the board.
5-23           (b)  The board shall adopt application, examination,
5-24     licensing, and renewal fees in amounts that are reasonable and
5-25     necessary to provide sufficient revenue to cover the costs of
5-26     administering this Act.  The fees set by the board may be adjusted
5-27     so that the total fees collected are sufficient to meet the
 6-1     expenses of administering this Act.
 6-2           (c)  The board may appoint an executive director and other
 6-3     personnel as necessary for the administration of this Act.
 6-4           SECTION 2.005.  CONFLICT OF INTEREST.  A person may not serve
 6-5     as a member of the board or act as the general counsel to the board
 6-6     if the person is required to register as a lobbyist under Chapter
 6-7     305, Government Code, because of the person's activities for
 6-8     compensation on behalf of a profession related to the operation of
 6-9     the board.
6-10           SECTION 2.006.  PERSONNEL POLICIES.  (a) The executive
6-11     director or the executive director's designee shall develop an
6-12     intra-agency career ladder program that addresses opportunities for
6-13     mobility and advancement for employees within the board.  The
6-14     program shall require intra-agency posting of all positions
6-15     concurrently with any public posting.
6-16           (b)  The executive director or the executive director's
6-17     designee shall develop a system of annual performance evaluations
6-18     that are based on documented employee performance.  All merit pay
6-19     for board employees must be based on the system established under
6-20     this subsection.
6-21           (c)  The board shall develop and implement policies that
6-22     clearly separate the policymaking responsibilities of the board and
6-23     the management responsibilities of the executive director and the
6-24     staff of the board.
6-25           SECTION 2.007.  PUBLIC INTEREST INFORMATION.  (a)  The board
6-26     shall prepare information of public interest describing the
6-27     functions of the board and the procedures by which complaints are
 7-1     filed with and resolved by the board.  The board shall make the
 7-2     information available to the public and appropriate state agencies.
 7-3           (b)  The board by rule shall establish methods by which
 7-4     consumers and service recipients are notified of the name, mailing
 7-5     address, and telephone number of the board for the purpose of
 7-6     directing complaints to the board.  The board may provide for that
 7-7     notification:
 7-8                 (1)  on each registration form, application, or written
 7-9     contract for services of a person regulated under this Act;
7-10                 (2)  on a sign prominently displayed in the place of
7-11     business of each person regulated under this Act;  and
7-12                 (3)  in a bill for service provided by a person
7-13     regulated under this Act.
7-14           (c)  The board shall develop materials and programs to
7-15     educate the public concerning the licensing requirements imposed
7-16     under this Act, the need of the public to conduct business only
7-17     with a licensed residential building contractor, and the methods
7-18     for reporting unlicensed contracting activity.
7-19           SECTION 2.008.  COMPLAINTS.  (a) The board shall keep
7-20     information about each complaint filed with the board.  The
7-21     information must include:
7-22                 (1)  the date the complaint is received;
7-23                 (2)  the name of the complainant;
7-24                 (3)  the subject matter of the complaint;
7-25                 (4)  a record of all persons contacted in relation to
7-26     the complaint;
7-27                 (5)  a summary of the results of the review or
 8-1     investigation of the complaint; and
 8-2                 (6)  for complaints for which the board did not take
 8-3     action, an explanation of the reason the complaint was closed
 8-4     without action.
 8-5           (b)  The board shall keep a file about each written complaint
 8-6     filed with the board that the board has authority to resolve.  The
 8-7     board shall provide to the person filing the complaint and the
 8-8     persons or entities complained about the board's policies and
 8-9     procedures pertaining to complaint investigation and resolution.
8-10     The board, at least quarterly and until final disposition of the
8-11     complaint, shall notify the person filing the complaint and the
8-12     persons or entities complained about of the status of the complaint
8-13     unless the notice would jeopardize an undercover investigation.
8-14           SECTION 2.009.  EQUAL EMPLOYMENT OPPORTUNITY.  (a) The
8-15     executive director or the executive director's designee shall
8-16     prepare and maintain a written policy statement to assure
8-17     implementation of a program of equal employment opportunity under
8-18     which all personnel transactions are made without regard to race,
8-19     color, disability, sex, religion, age, or national origin.  The
8-20     policy statement must include:
8-21                 (1)  personnel policies, including policies relating to
8-22     recruitment, evaluation, selection, appointment, training, and
8-23     promotion of personnel that are in compliance with the requirements
8-24     of Chapter 21, Labor Code;
8-25                 (2)  a comprehensive analysis of the board workforce
8-26     that meets federal and state guidelines;
8-27                 (3)  procedures by which a determination can be made
 9-1     about the extent of underuse in the board workforce of all persons
 9-2     for whom federal or state guidelines encourage a more equitable
 9-3     balance; and
 9-4                 (4)  reasonable methods to appropriately address those
 9-5     areas of underuse.
 9-6           (b)  A policy statement prepared under Subsection (a) of this
 9-7     section must cover an annual period, be updated annually and
 9-8     reviewed by the Commission on Human Rights for compliance with
 9-9     Subsection (a)(1) of this section, and be filed with the governor. 
9-10           (c)  The governor's office shall deliver a biennial report to
9-11     the legislature based on the information received under Subsection
9-12     (b) of this section.  The report may be made separately or as a
9-13     part of other biennial reports made to the legislature.
9-14           SECTION 2.010.  STANDARDS OF CONDUCT.  The executive director
9-15     or the executive director's designee shall provide to members of
9-16     the board and to board employees, as often as necessary,
9-17     information regarding their qualification for office or employment
9-18     under this Act and their responsibilities under applicable laws
9-19     relating to standards of conduct for state officers or employees.
9-20           SECTION 2.011.  PUBLIC ACCESS.  (a)  The board shall develop
9-21     and implement policies that provide the public with a reasonable
9-22     opportunity to appear before the board and to speak on any issue
9-23     under the jurisdiction of the board.
9-24           (b)  The executive director shall prepare and maintain a
9-25     written plan that describes how a person who does not speak English
9-26     can be provided reasonable access to the board's programs and
9-27     services.
 10-1          SECTION 2.012.  BOARD MEMBER TRAINING.  (a)  Before a member
 10-2    of the board may assume the member's duties and before the member
 10-3    may be confirmed by the senate, the member must complete at least
 10-4    one course of the training program established under this section. 
 10-5          (b)  A training program established under this section shall
 10-6    provide information to the member regarding:
 10-7                (1)  the enabling legislation that created the board to
 10-8    which the member is appointed to serve;
 10-9                (2)  the programs operated by the board;
10-10                (3)  the role and functions of the board;
10-11                (4)  the rules of the board, with an emphasis on the
10-12    rules that relate to disciplinary and investigatory authority;
10-13                (5)  the current budget for the board;
10-14                (6)  the results of the most recent formal audit of the
10-15    board;
10-16                (7)  the requirements of the:
10-17                      (A)  open meetings law, Chapter 551, Government
10-18    Code;
10-19                      (B)  open records law, Chapter 552, Government
10-20    Code; and
10-21                      (C)  administrative procedures law, Chapter 2001,
10-22    Government Code;
10-23                (8)  the requirements of the conflict of interest laws
10-24    and other laws relating to public officials; and
10-25                (9)  any applicable ethics policies adopted by the
10-26    board or the Texas Ethics Commission.
10-27                     ARTICLE 3.  LICENSE REQUIREMENTS
 11-1          SECTION 3.001.  LICENSE REQUIRED.  (a)  A person may not act
 11-2    as a residential contractor in this state unless the person holds a
 11-3    license issued under this Act.  A partnership, corporation, or
 11-4    other entity conducting business as a residential contractor must,
 11-5    if the owner is not a license holder, employ an individual who
 11-6    holds a license under this Act.
 11-7          (b)  An application for a permit in a jurisdiction where a
 11-8    permit is required for the construction of a residence must include
 11-9    the license number of the residential contractor.
11-10          (c)  A political subdivision of the state may not require a
11-11    license for a residential contractor who is subject to the
11-12    requirements of this Act.  This subsection does not apply to a
11-13    general business registration required by a political subdivision
11-14    for a person to conduct business in that political subdivision.
11-15          SECTION 3.002.  LICENSE QUALIFICATIONS.  (a) A person may
11-16    apply for a license under this Act by filing an application on a
11-17    form prescribed by the board.  The application must be accompanied
11-18    by the application fee and examination fee.
11-19          (b)  In determining the qualifications of an applicant, the
11-20    board shall consider the applicant's experience, ability,
11-21    character, financial condition, ability and willingness to protect
11-22    the public health and safety, and other pertinent information
11-23    required by the board.  The board shall adopt an examination to
11-24    evaluate the qualifications considered under this subsection.
11-25          (c)  The board shall issue a license to an applicant who
11-26    passes the examination under Subsection (b) of this section, pays
11-27    the license fee, and submits proof of financial ability as provided
 12-1    by board rule.
 12-2          (d)  An applicant for a license whose application is rejected
 12-3    by the board may reapply under this section on payment of the fees
 12-4    required for an initial application.  An applicant who fails the
 12-5    examination under Subsection (b) of this section on three occasions
 12-6    may not reapply before the first anniversary of the date of the
 12-7    third failure.
 12-8          (e)  A license issued under this section expires on the
 12-9    second anniversary of its date of issuance.
12-10          (f)  The board shall maintain a record of each applicant for
12-11    a license under this section and the results of the applicant's
12-12    examination.  A certified copy of the record under this subsection
12-13    may be furnished to an applicant on request on payment of a fee
12-14    adopted by the board that reasonably reflects the costs of
12-15    furnishing the record.
12-16          SECTION 3.003.  LICENSE RENEWAL.  (a) A person who is
12-17    otherwise eligible to renew a license may renew an unexpired
12-18    license by paying the required renewal fee to the board before the
12-19    expiration date of the license and submission of a renewal
12-20    application that includes a current audited financial statement
12-21    prepared on a form prescribed by the board, a bank reference, a
12-22    current credit report, and proof that the continuing education
12-23    requirements of the board have been satisfied.  A person whose
12-24    license has expired may not engage in activities that require a
12-25    license until the license has been renewed under the provisions of
12-26    this section.
12-27          (b)  If the person's license has been expired for 90 days or
 13-1    less, the person may renew the license by paying to the board 1-1/2
 13-2    times the required renewal fee.
 13-3          (c)  If the person's license has been expired for longer than
 13-4    90 days but less than one year, the person may renew the license by
 13-5    paying to the board two times the required renewal fee.
 13-6          (d)  If the person's license has been expired for one year or
 13-7    longer, the person may not renew the license except as provided by
 13-8    Subsection (e) of this section.  The person may obtain a new
 13-9    license by submitting to reexamination and complying with the
13-10    requirements and procedures for obtaining an original license.
13-11          (e)  If the person was licensed in this state, moved to
13-12    another state, and is currently licensed and has been engaged in
13-13    residential contracting in the other state for the two years
13-14    preceding application, the person may  renew an expired license
13-15    without reexamination.  The person must pay to the board a fee that
13-16    is equal to two times the required renewal fee for the license.
13-17          (f)  Not later than the 31st day preceding the expiration of
13-18    a person's license, the board shall send written notice of the
13-19    impending license expiration to the person at the person's last
13-20    known address according to the records of the board.
13-21          (g)  The board by rule may adopt a system under which
13-22    licenses expire on various dates during the year.  For the period
13-23    in which the license expiration date is changed, license fees shall
13-24    be prorated on a monthly basis so that each license holder pays
13-25    only that portion of the license fee that is allocable to the
13-26    number of months during which the license is valid.  On renewal of
13-27    the license on the new expiration date, the total license renewal
 14-1    fee is payable.
 14-2          SECTION 3.004.  EXAMINATION RESULTS.  (a)  Not later than the
 14-3    30th day after the date on which a licensing examination is
 14-4    administered under this Act, the board shall notify each examinee
 14-5    of the results of the examination.  However, if an examination is
 14-6    graded or reviewed by a national testing service, the board shall
 14-7    notify examinees of the results of the examination not later than
 14-8    the 14th day after the date on which the board receives the results
 14-9    from the testing service.  If the notice of examination results
14-10    graded or reviewed by a national testing service will not be
14-11    received by the examiner before the 90th day after the examination
14-12    date, the board shall notify the examinee of the reason for the
14-13    delay before that date.  The board may require a testing service to
14-14    notify examinees of the results of an examination.
14-15          (b)  If requested in writing by a person who fails a
14-16    licensing examination administered under this Act, the board shall
14-17    furnish the person with an analysis of the person's performance on
14-18    the examination.
14-19          SECTION 3.005.  DISCIPLINARY PROCEEDINGS.  (a) The board
14-20    shall revoke, suspend, or refuse to renew a license, place on
14-21    probation a person whose license has been suspended, or reprimand a
14-22    license holder for a violation of this Act or a rule adopted under
14-23    this Act. If a license suspension is probated, the board may
14-24    require the license holder to:
14-25                (1)  report regularly to the board on matters that are
14-26    the basis of the probation;
14-27                (2)  limit practice to the areas prescribed by the
 15-1    board; or
 15-2                (3)  continue or review professional education until
 15-3    the license holder attains a degree of skill satisfactory to the
 15-4    board in those areas that are the basis of the probation.
 15-5          (b)  If the board proposes to suspend, revoke, or refuse to
 15-6    renew a person's license, the person is entitled to a hearing
 15-7    conducted by the State Office of Administrative Hearings.
 15-8    Proceedings for a disciplinary action are governed by the
 15-9    administrative procedures law, Chapter 2001, Government Code.
15-10    Rules of practice adopted by the board under Section 2001.004,
15-11    Government Code, applicable to the proceedings for a disciplinary
15-12    action, may not conflict with rules adopted by the State Office of
15-13    Administrative Hearings.
15-14          (c)  In addition to a disciplinary proceeding initiated for a
15-15    violation of this Act or a rule adopted under this Act, the board
15-16    may revoke, suspend, or refuse to renew a license, place on
15-17    probation a person whose license has been suspended, or reprimand a
15-18    license holder who:
15-19                (1)  abandons the construction of a residence under a
15-20    contract without a legal excuse;
15-21                (2)  wilfully or deliberately disregards or violates an
15-22    applicable building code of this state or a political subdivision
15-23    of this state;
15-24                (3)  commits fraud or engages in deceit, gross
15-25    negligence, incompetency, or misconduct in the practice of
15-26    contracting;  or
15-27                (4)  diverts funds received for the completion of a
 16-1    specific building project.
 16-2          (d)  In the case of a conflict between the board and a
 16-3    license holder concerning the violation of this Act or a rule
 16-4    adopted under this Act, the license holder may continue to work on
 16-5    a project under construction if the license holder posts a bond in
 16-6    an amount equal to 125 percent of the total amount, as determined
 16-7    by the board, needed to satisfy the alleged violation.
 16-8          SECTION 3.006.  RESTRICTIONS ON RULES AFFECTING ADVERTISING;
 16-9    ADVERTISING REQUIREMENTS.  (a)  The board may not adopt rules
16-10    restricting competitive bidding or advertising by a license holder
16-11    except to prohibit false, misleading, or deceptive practices.
16-12          (b)  In its rules to prohibit false, misleading, or deceptive
16-13    practices, the board may not include a rule that:
16-14                (1)  restricts the use of any medium for advertising;
16-15                (2)  restricts the use of a license holder's personal
16-16    appearance or voice in an advertisement;
16-17                (3)  relates to the size or duration of an
16-18    advertisement by the license holder; or
16-19                (4)  restricts the license holder's advertisement under
16-20    a trade name.
16-21          (c)  The license number of a residential contractor must
16-22    appear in any advertising by that contractor.  Advertising in any
16-23    manner by an unlicensed residential contractor is prohibited,
16-24    including alphabetical or classified directory listings.
16-25          SECTION 3.007.  CONTINUING EDUCATION.  (a)  The board shall
16-26    recognize, prepare, or administer a continuing education program
16-27    for its license holders.  Participation in the continuing education
 17-1    program by license holders is mandatory.
 17-2          (b)  The board shall require a license holder to provide
 17-3    proof that the license holder has completed 15 hours of continuing
 17-4    education during the two-year period preceding the date of the
 17-5    application for renewal before the board may renew the license.
 17-6          SECTION 3.008.  LIMITATION ON RIGHT TO SUE.  A residential
 17-7    contractor who does not hold a license under this Act may not bring
 17-8    an action to enforce the provisions of a contract for residential
 17-9    building or residential specialty contracting that the contractor
17-10    entered into without holding a license required by this Act.
17-11                     ARTICLE 4.  INJUNCTION; PENALTIES
17-12          SECTION 4.001.  INJUNCTION; CIVIL PENALTY.  At the request of
17-13    the board, the attorney general shall bring an action in the name
17-14    of the state for an injunction or to collect a civil penalty for a
17-15    violation of this Act.
17-16          SECTION 4.002.  CRIMINAL PENALTY.  (a)  A person commits an
17-17    offense if the person undertakes or attempts to undertake the
17-18    construction, remodeling, repair, or improvement of a building in
17-19    violation of this Act or knowingly presents to the board false
17-20    information to obtain a license under this Act.
17-21          (b)  An offense under this section is a Class A misdemeanor. 
17-22                 ARTICLE 5.  TRANSITION AND EFFECTIVE DATE
17-23          SECTION 5.001.  TRANSITION.  (a)  In making the initial
17-24    appointments to the State Regulatory Board for Residential Building
17-25    Contractors, the governor shall appoint:
17-26                (1)  two persons eligible to be licensed under this Act
17-27    as residential contractors and one public member to serve terms
 18-1    expiring February 1, 2003;
 18-2                (2)  one person eligible to be licensed under this Act
 18-3    as a residential contractor, one licensed engineer member, and one
 18-4    public member to serve terms expiring February 1, 2005; and
 18-5                (3)  one person eligible to be licensed under this Act
 18-6    as a residential contractor, one registered architect member, and
 18-7    one public member to serve terms expiring February 1, 2007.
 18-8          (b)  The board shall issue a temporary license to a
 18-9    residential contractor that the board determines to be a reputable
18-10    contractor on submission of proof that the contractor has completed
18-11    five residential construction projects in the two-year period
18-12    preceding the date of application for a temporary license and
18-13    submission of three notarized client references and one reference
18-14    from a financial institution that includes a current credit report
18-15    for the applicant.  A temporary license is valid for one year from
18-16    the date of issuance.  The holder of a temporary license may apply
18-17    for a license under this Act in the same manner that a person
18-18    applies for a renewal license.  This subsection expires September
18-19    1, 2003.
18-20          (c)  The board shall adopt rules under this Act not later
18-21    than December 31, 2001.
18-22          SECTION 5.002.  EFFECTIVE DATE.  (a)  Except as provided by
18-23    Subsection (b) of this section, this Act takes effect September 1,
18-24    2001.
18-25          (b)  Sections 3.001(a) and 4.002 of this Act take effect
18-26    March 1, 2002.