H.B. No. 472




AN ACT
relating to requirements for certain licensing programs administered by the state fire marshal. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 4(c-1), Article 5.43-1, Insurance Code, is amended to read as follows: (c-1) The initial fee for the license required by Subsection (c) of this section must be in an amount not to exceed $70 [$50] and the license renewal fee for each year thereafter must be in an amount not to exceed $50. Unless the examination is administered by a testing service, a [A] nonrefundable fee for the initial examination must be in an amount not to exceed $30. Unless the reexamination is administered by a testing service, a [A] nonrefundable fee in an amount not to exceed $20 shall be charged for each reexamination. SECTION 2. Section 7, Article 5.43-1, Insurance Code, is amended by adding Subsections (e), (f), (g-1), and (j) to read as follows: (e) The state fire marshal shall examine each applicant for a license issued under this article and shall establish the scope and type of an examination required by this article. The state fire marshal may administer the examination or may enter into an agreement with a testing service. (f) The state fire marshal may contract with the testing service regarding requirements for the examination, including examination development, scheduling, site arrangements, grading, reporting, analysis, or other administrative duties. The state fire marshal may require the testing service to: (1) correspond directly with an applicant regarding the administration of the examination; (2) collect a reasonable fee from an applicant for administering the examination; or (3) administer the examination at a specific location or time. (g-1) The state fire marshal may require a testing service to notify a person of the results of the person's examination under Subsection (g). (j) The state fire marshal shall adopt rules as necessary to implement examination requirements under this article. SECTION 3. Section 5(c), Article 5.43-2, Insurance Code, is amended to read as follows: (c) Each fire alarm technician, residential fire alarm superintendent or fire alarm planning superintendent must obtain a license issued by the board. The initial fee for the license must be in an amount not to exceed $120 [$100] and the renewal fee for each year thereafter must be in an amount not to exceed $100. Unless the examination is administered by a testing service, a [A] nonrefundable fee for the initial examination must not exceed $30. Unless the reexamination is administered by a testing service, a [A] nonrefundable fee not to exceed $20 shall be charged for each reexamination. SECTION 4. Section 5D, Article 5.43-2, Insurance Code, is amended by amending Subsection (a) and adding Subsections (a-1), (f), (g), and (h) to read as follows: (a) Each applicant for a license must pass a written examination. Examinations shall be conducted by the State Fire Marshal or a testing service selected by the State Fire Marshal. Examinations shall cover this article and board rules and shall include specific testing of all categories of licensure. Not later than the 30th day after the day on which an examination is administered under this article, the State Fire Marshal shall send notice to each examinee of the results of the examination. If an examination is conducted, graded, or reviewed by a testing service, the State Fire Marshal shall send notice to the examinees of the results of the examination within two weeks after the date on which the State Fire Marshal receives the results from the testing service. If the notice of the examination results will be delayed for longer than 90 days after the examination date, the State Fire Marshal shall send notice to the examinee of the reason for the delay before the 90th day. If requested in writing by a person who fails the examination administered under this article, the State Fire Marshal shall send to the person an analysis of the person's performance on the examination. (a-1) The state fire marshal may require a testing service to notify a person of the results of the person's examination under Subsection (a). (f) The state fire marshal shall establish the scope and type of an examination required by this article. The state fire marshal may administer the examination or may enter into an agreement with a testing service. (g) The state fire marshal may contract with the testing service regarding requirements for the examination, including examination development, scheduling, site arrangements, grading, reporting, analysis, or other administrative duties. The state fire marshal may require the testing service to: (1) correspond directly with an applicant regarding the administration of the examination; (2) collect a reasonable fee from an applicant for administering the examination; or (3) administer the examination at a specific location or time. (h) The state fire marshal shall adopt rules as necessary to implement examination requirements under this article. SECTION 5. Section 4(c), Article 5.43-3, Insurance Code, is amended to read as follows: (c) Each responsible managing employee must obtain a license issued by the board and conditioned on the successful completion of the examination requirement and other requirements prescribed by the rules adopted under this article. Unless the examination is administered by a testing service, a [A] nonrefundable examination fee must be in an amount not to exceed $100 per examination. The fee for the issuance of either the initial or the renewal responsible managing employee license must be in an amount not to exceed $200. SECTION 6. Section 5B, Article 5.43-3, Insurance Code, is amended to read as follows: Sec. 5B. EXAMINATION. (a) The state fire marshal shall establish the scope and type of an examination required by this article. The state fire marshal may administer the examination or may enter into an agreement with a testing service. (b) The state fire marshal may contract with the testing service regarding requirements for the examination, including examination development, scheduling, site arrangements, grading, reporting, analysis, or other administrative duties. The state fire marshal may require the testing service to: (1) correspond directly with an applicant regarding the administration of the examination; (2) collect a reasonable fee from an applicant for administering the examination; or (3) administer the examination at a specific location or time. (c) Not later than the 30th day after the day on which an examination is administered under this article, the state fire marshal [board] shall send notice to each examinee of the results of the examination. If an examination is graded or reviewed by a [national] testing service, the state fire marshal [board] shall send notice to each examinee of the results of the examination within two weeks after the date on which the state fire marshal [board] receives the results from the testing service. If the notice of the examination results will be delayed for longer than 90 days after the examination date, the state fire marshal [board] shall send notice to each examinee of the reason for the delay before the 90th day. If requested in writing by a person who fails the examination administered under this article, the state fire marshal [board] shall send to the person an analysis of the person's performance on the examination. (d) The state fire marshal may require a testing service to notify a person of the results of the person's examination. (e) The state fire marshal shall adopt rules as necessary to implement examination requirements under this article. SECTION 7. Subchapter C, Chapter 2154, Occupations Code, is amended by adding Sections 2154.1025 and 2154.1026 to read as follows: Sec. 2154.1025. STATE FIRE MARSHAL'S AUTHORITY REGARDING EXAMINATIONS; RULES. (a) The state fire marshal shall establish the scope and type of an examination required under this chapter. (b) The state fire marshal may administer the examination or may enter into an agreement with a testing service. (c) The state fire marshal shall adopt rules as necessary to implement examination requirements under this chapter. Sec. 2154.1026. USE OF TESTING SERVICE FOR EXAMINATION. (a) If a testing service is used, the state fire marshal may contract with the testing service regarding requirements for the examination required by this chapter, including examination development, scheduling, site arrangements, grading, reporting, analysis, or other administrative duties. (b) The state fire marshal may require the testing service to: (1) correspond directly with an applicant regarding the administration of the examination; (2) collect a reasonable fee from an applicant for administering the examination; or (3) administer the examination at a specific location or time. SECTION 8. Section 2154.103, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) The state fire marshal may require a testing service to notify a person of the results of the person's examination. SECTION 9. Section 2154.154(d), Occupations Code, is amended to read as follows: (d) Unless the examination is administered by a testing service, a [A] person shall be charged a nonrefundable initial examination fee in an amount not to exceed $50 [$30]. Unless the reexamination is administered by a testing service, a [A] person shall be charged a nonrefundable fee in an amount not to exceed $20 for each reexamination. SECTION 10. Section 2154.155(d), Occupations Code, is amended to read as follows: (d) Unless the examination is administered by a testing service, a [A] person shall be charged a nonrefundable initial examination fee in an amount not to exceed $50 [$30]. Unless the reexamination is administered by a testing service, a [A] person shall be charged a nonrefundable fee in an amount not to exceed $20 for each reexamination. SECTION 11. The changes in law made by this Act apply only to an examination fee or initial license fee charged, or an examination administered, on or after the effective date of this Act. An examination fee or initial license fee charged, or an examination administered, before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 12. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 472 was passed by the House on April 25, 2003, by the following vote: Yeas 146, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 472 was passed by the Senate on May 20, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor