2005S0551-1 03/10/05
By: Bailey H.B. No. 3190
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of journeyman and
apprentice sheet metal workers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1302, Occupations Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. SHEET METAL WORKERS LICENSING REQUIREMENT
Sec. 1302.501. DEFINITIONS. In this subchapter:
(1) "Sheet metal work" means the forming, assembling,
sealing, internal insulating, sorting, sectioning, installing,
testing, air-balancing, and servicing of all ductwork, regardless
of the materials used, and the connection to related appurtenances,
associated with the installation of an environmentally sound,
energy-efficient commercial heating, ventilation, and
air-conditioning system that protects the health and safety of the
system users.
(2) "Commercial heating, ventilation, and
air-conditioning system" means all heating, ventilating, and
air-conditioning projects excluding those in:
(A) a residential single-family dwelling; and
(B) a townhome three stories or less.
Sec. 1302.502. LICENSE REQUIRED. A person may not perform
sheet metal work in this state unless the person holds an
appropriate license issued or recognized under this subchapter.
Sec. 1302.503. FEES. The commission shall establish and
collect reasonable and necessary fees in amounts sufficient to
cover the costs of administering this subchapter.
Sec. 1302.504. APPLICATION REQUIREMENTS. (a) An
applicant for a license under this subchapter shall:
(1) submit to the department a completed application
on a form prescribed by the executive director;
(2) submit to the department any other information
required by executive director rule;
(3) demonstrate to the satisfaction of the executive
director the appropriate amount of sheet metal work experience
required under this subchapter; and
(4) pay the applicable license application fees and
examination fees.
(b) The executive director shall adopt rules to establish a
process by which the department will evaluate and certify the
amount of sheet metal work experience claimed by applicants for a
license under this subchapter.
(c) The department may conduct an examination of any
criminal conviction of an applicant, including obtaining any
criminal history record information permitted by law.
Sec. 1302.505. JOURNEYMAN SHEET METAL WORKER. An applicant
for a journeyman sheet metal worker license shall:
(1) certify to the executive director that the
applicant has been employed at least 8,000 hours while registered
in a United States Department of Labor apprenticeship program or
while receiving on-the-job training under the supervision of a
contractor licensed under Subchapter F;
(2) pass a journeyman sheet metal worker license
examination administered under this subchapter; and
(3) pay the application and examination fee required
under this subchapter.
Sec. 1302.506. APPRENTICE SHEET METAL WORKER. An applicant
for a sheet metal apprentice license shall:
(1) be engaged in the process of learning and
assisting in the fabrication, installation, modification, repair,
or maintenance of commercial heating, ventilation, and
air-conditioning systems while registered in a United States
Department of Labor apprenticeship program or while receiving
on-the-job training under the supervision of a contractor licensed
under Subchapter F; and
(2) pay the application fee required under this
subchapter.
Sec. 1302.507. EXAMINATIONS. (a) Journeyman sheet metal
license examinations required under this subchapter shall be
conducted throughout the state.
(b) The department shall accept, develop, or contract for
the examinations required under this subchapter, including the
administration of the examinations.
(c) Testing materials shall require an examinee to
demonstrate a working knowledge of the International Mechanical
Code, the Uniform Mechanical Code, the Sheet Metal and Air
Conditioning National Association's duct standards, the rules and
standards of the federal Occupational Safety and Health
Administration and the National Fire Protection Association,
indoor air quality standards, the testing, adjusting, and balancing
of commercial heating, ventilation, and air-conditioning systems,
and the reading of blueprints and specifications.
(d) The executive director shall determine uniform
standards for acceptable performance on the examinations.
Sec. 1302.508. EXAMINATION RESULTS. (a) Not later than 30
days after the date a journeyman sheet metal worker license
examination is administered under this subchapter, the department
shall notify the examinee of the results of the examination. If an
examination is graded or reviewed by a national testing service,
the department shall notify the examinee of the results of the
examination not later than 14 days after the date the department
receives the results from the testing service.
(b) If the notice of examination results will be delayed for
more than 90 days after the examination date, the department shall
notify each examinee of the reason for the delay before the 90th
day.
(c) If requested in writing by a person who fails an
examination administered under this subchapter, the department
shall provide to the person an analysis of the person's performance
on the examination.
(d) A person who fails an examination for a journeyman sheet
metal worker license may not retake the examination before the 90th
day after the date of the failed examination.
Sec. 1302.509. NONRESIDENT LICENSE APPLICANT. The
executive director may issue a license under this subchapter to an
applicant who holds a sheet metal worker license in another state
and who submits a proper application and pays the required fees if
the executive director determines that the applicant is licensed in
a state with which there is an agreement to recognize licenses
issued under this subchapter.
Sec. 1302.510. LICENSE ISSUANCE; NONTRANSFERABILITY.
(a) Not later than 30 days after the date the department
determines that an applicant has passed a required examination,
complied with all application requirements, and paid all required
fees, the executive director shall issue the appropriate license to
the applicant.
(b) A license issued under this subchapter is valid
throughout this state. The license is not transferable.
Sec. 1302.511. LICENSE RENEWAL. (a) A license issued
under this subchapter is valid for one year from the date of
issuance and is renewable on the anniversary of the date of issuance
on payment of the applicable renewal fee.
(b) Not later than the 30th day before the expiration date
of a license, the department shall notify the license holder in
writing, at the license holder's last known address, of the
impending license expiration. A license holder may renew an
unexpired license by paying to the department, before the license
expiration date, the required renewal fee.
(c) A person whose license has been expired for 90 days or
less may renew the license by paying to the department the required
renewal fee and a late fee in an amount equal to half of the license
fee. A person whose license has been expired for more than 90 days
but less than two years may renew the license by paying to the
department all unpaid renewal fees and a late fee in an amount equal
to the license fee. A person whose license has been expired for
more than two years may not renew the license. The person may
obtain a new license by submitting to reexamination and complying
with the requirements and procedures under this subchapter for
obtaining an original license.
Sec. 1302.512. CONTINUING EDUCATION. (a) The advisory
board shall adopt procedures for certifying and shall certify
continuing education programs for sheet metal journeyman and
apprentice license holders. A journeyman or apprentice license
holder must annually complete six hours of continuing education
courses on the laws and codes governing heating, ventilating, and
air-conditioning systems to be eligible to renew a license issued
under this subchapter.
(b) The advisory board shall annually approve individuals,
businesses, unions, or associations to provide continuing
education course materials. Continuing education program
providers will include classroom instruction and course materials
as part of each continuing education program.
(c) The advisory board shall periodically publish a list of
approved subjects for continuing education programs, including the
International Mechanical Code, the Uniform Mechanical Code, the
Sheet Metal and Air Conditioning National Association's duct
standards, the rules and standards of the federal Occupational
Safety and Health Administration and the National Fire Protection
Association, indoor air quality standards, the testing, adjusting,
and balancing of commercial heating, ventilation, and
air-conditioning systems, and the reading of blueprints and
specifications.
(d) Each continuing education program provider shall
furnish a uniquely numbered certificate of completion to each
licensee after the licensee has completed a course and shall, in a
format approved by the advisory board, electronically transmit to
the advisory board certification of the licensee's completion not
later than 48 hours after the licensee has completed a course.
(e) Each continuing education program provider shall be
reviewed annually by the executive director to ensure that the
provider's courses have been provided in suitable locations
throughout the state.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Department of Licensing and Regulation
shall:
(1) adopt rules, procedures, and fees under Subchapter
K, Chapter 1302, Occupations Code, as added by this Act, including
rules regarding the initial date that a license will be required
under Subchapter K for a person to perform sheet metal work; and
(2) accept or develop the license examinations, or
contract with a nationally recognized testing organization for the
administration of the license examinations, required by Subchapter
K, Occupations Code, as added by this Act.
SECTION 3. 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, 2005.