78R8833 T
By: Homer H.B. No. 2594
A BILL TO BE ENTITLED
AN ACT
relating to the registration of locksmiths; providing
administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Occupations Code, is amended by adding
Chapter 1705 to read as follows:
CHAPTER 1705. LOCKSMITHS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1705.001. DEFINITIONS. In this chapter:
(1) "Certificate" means a certificate of registration
issued under this chapter.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Commissioner" means the commissioner of
licensing and regulation.
(4) "Locksmith" means a person who engages in the
business of installing or repairing locks and related security and
access control devices.
Sec. 1705.002. POWERS AND DUTIES OF COMMISSIONER AND
COMMISSION. (a) The commissioner shall enforce this chapter and
may adopt rules relating to all provisions of this chapter.
(b) The commissioner shall prescribe application forms for
certificates and shall design the certificates, including an
identification numbering system for certificates, cards, and other
documents necessary to administer this chapter.
(c) The commission may prescribe fees for the renewal or
reissuance of a certificate, for the issuance of an updated
certificate to reflect a change of address, business name,
insurance carrier, or other pertinent information, and for the
administration of other functions that the commissioner may perform
in administering and enforcing this chapter.
(d) The commissioner may exercise discretion in informally
addressing any technical violation of this chapter that is
self-reported by a certificate holder.
Sec. 1705.003. EXEMPTIONS. (a) This chapter does not apply
to a person licensed by the Texas Commission on Private Security.
(b) This chapter does not apply to the installation of locks
and related security and access control devices to a new structure
to be used as a residence.
Sec. 1705.004. ELECTRONIC AVAILABILITY OF INFORMATION. The
commission shall work with the comptroller and otherwise take steps
to make available to the public, through the Internet, information
regarding the issuance, revocation, and suspension of
certificates.
[Sections 1705.005-1705.050 reserved for expansion]
SUBCHAPTER B. CERTIFICATE REQUIREMENTS
Sec. 1705.051. VOLUNTARY REGISTRATION. (a) The
registration program established under this chapter is voluntary.
A locksmith who wishes to hold a certificate must comply with this
chapter.
(b) Only a certificate holder may advertise that the person
is registered with the state as a locksmith.
Sec. 1705.052. APPLICATION ON FORM PRESCRIBED BY
COMMISSIONER. An application for a certificate must be made on a
form prescribed by the commissioner.
Sec. 1705.053. INDIVIDUAL APPLICATION FOR CERTIFICATE. (a)
To be eligible for a certificate, a person must be a locksmith.
(b) An application must:
(1) include the applicant's:
(A) name;
(B) telephone number; and
(C) mailing address and, if different from the
mailing address, the address where the applicant's business is
located;
(2) be accompanied by a nonrefundable application fee
not to exceed $225;
(3) be accompanied by evidence of the insurance
coverage required by this chapter in a manner provided by rule by
the commissioner; and
(4) be accompanied by a declaration that the person
has not been convicted of a felony or, if the applicant has been
convicted of a felony, a declaration of all misdemeanors and
felonies for which the person has been convicted.
Sec. 1705.054. CRIMINAL HISTORY RECORD CHECK REQUIRED.
Before issuing a certificate to an individual, the commission shall
conduct a criminal background check under Section 411.122,
Government Code, to determine whether the applicant has been
convicted of a felony.
Sec. 1705.055. EFFECT OF CRIMINAL CONVICTION. (a) A person
who has been convicted of a felony is not eligible for a certificate
until the fifth anniversary of the date the person's voting rights
were restored.
(b) The commissioner shall revoke the certificate of a
certificate holder who is imprisoned as a result of a felony
conviction, felony community supervision revocation, parole
revocation, or revocation of mandatory supervision.
(c) A person convicted of a felony whose voting rights have
been restored for at least five years may apply for and receive a
certificate if the commissioner determines that issuing a
certificate does not pose a threat to public safety. In making the
determination under this subchapter, the commissioner may
consider:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has passed since the date
of the person's last criminal activity;
(4) any evidence of the person's rehabilitation or
rehabilitative effort during imprisonment or after release;
(5) other evidence of the person's fitness, including
letters of recommendation; and
(6) any other information that the commissioner may
consider when evaluating an applicant.
(d) A person who is denied a certificate under Subsection
(c) may appeal the commissioner's determination not later than the
90th day after the date of the issuance of a letter of denial. An
appeal under this subsection is subject to Chapter 2001, Government
Code.
Sec. 1705.056. INSURANCE REQUIREMENT. (a) Each
certificate holder shall maintain general liability insurance
coverage with a minimum value of $50,000 for each occurrence,
whether the claim arises out of negligence or breach of contract.
(b) The commissioner may adopt rules for determining,
electronically or otherwise, whether a certificate holder has and
maintains the prescribed insurance coverage. The commissioner may
require each applicant and certificate holder to provide
information as necessary to enforce this section.
[Sections 1705.057-1705.100 reserved for expansion]
SUBCHAPTER C. CERTIFICATE RENEWAL
Sec. 1705.101. ANNUAL RENEWAL. (a) A certificate is valid
for one year after the date of issuance and may be renewed before
its expiration date on payment of a renewal fee not to exceed $100
and compliance with any renewal requirements adopted by rule by the
commissioner.
(b) A certificate holder whose certificate expires may
renew the certificate not later than the 30th day after the date it
expires by paying the renewal fee and a late fee not to exceed $50.
(c) A certificate holder whose certificate has expired and
who does not apply for renewal before the 31st day after the
certificate's expiration date may not renew the certificate and
must file an original application with the commissioner to be
registered under this chapter.
[Sections 1705.102-1705.150 reserved for expansion]
SUBCHAPTER D. PRACTICE BY CERTIFICATE HOLDER
Sec. 1705.151. BOND REQUIREMENT. If requested by a
customer, a certificate holder shall post a performance bond in the
amount requested by the customer, but not to exceed $25,000.
[Sections 1705.152-1705.200 reserved for expansion]
SUBCHAPTER E. CERTIFICATE DENIAL AND DISCIPLINARY PROCEDURES
Sec. 1705.201. DENIAL, SUSPENSION, OR REVOCATION OF
CERTIFICATE. (a) A violation of this chapter or a rule adopted
under this chapter is a ground for:
(1) the denial, suspension, or revocation of a
certificate; or
(2) the imposition of an administrative penalty under
Chapter 51.
(b) The commissioner may adopt rules to impose additional
sanctions, including restrictions on advertising, probationary
measures, additional reporting requirements, and other reasonable
sanctions the commissioner determines necessary to protect the
public.
Sec. 1705.202. COMPLICITY. A person may not aid or abet a
person to violate this chapter.
Sec. 1705.203. FALSE REPRESENTATION AS REGISTERED
LOCKSMITH; ADMINISTRATIVE PENALTY. A person who knowingly
represents that the person is registered as a locksmith in this
state without holding a certificate is subject to an administrative
penalty under Chapter 51. A person required to pay an
administrative penalty based on conduct described by this section
may not apply for a certificate under this chapter before the 10th
anniversary of the date the penalty was imposed.
Sec. 1705.204. PROVIDING FALSE INFORMATION ON APPLICATION;
ADMINISTRATIVE PENALTY. (a) A person who knowingly or negligently
makes a material misstatement on an initial or renewal application
for a certificate is subject to an administrative penalty under
Chapter 51 and other administrative sanctions.
(b) The commissioner may exercise discretion in subjecting
an applicant or certificate holder to an administrative penalty
under Chapter 51 if the applicant or certificate holder made an
unintentional misstatement or nonmaterial misstatement on an
initial or renewal application.
SECTION 2. This Act takes effect January 1, 2004.