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.