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