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By: Armbrister S.B. No. 305
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of glass technicians;
providing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 8, Occupations Code, is amended by adding
Chapter 1306 to read as follows:
CHAPTER 1306. GLASS TECHNICIANS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1306.001. SHORT TITLE. This chapter may be cited as
the Glass Technicians License Act.
Sec. 1306.002. DEFINITIONS. In this chapter:
(1) "Automotive glass work" means installing,
maintaining, or repairing fixed or moveable glass in a motor
vehicle.
(2) "Board" means the Glass Technicians Board of
Examiners.
(3) "Glazing" means installing, maintaining, or
repairing glass in a residential or commercial building.
(4) "Licensed automotive glass replacement
technician" means a person who holds a license under this chapter to
perform automotive glass work.
(5) "Licensed glazier" means a person who holds a
license under this chapter to perform glazing, including, where
appropriate, an ironworker.
(6) "Trainee" means a person not licensed under this
chapter who performs automotive glass work or glazing under the
supervision of a licensed automotive glass replacement technician,
licensed glazier, or a person registered as an apprentice with an
apprenticeship program involving glazing which is approved by the
United States Department of Labor Bureau of Apprenticeship and
Training.
Sec. 1306.003. EXEMPTIONS. The following persons are not
required to be licensed under this chapter to perform the actions
listed:
(1) a person employed by a federal, state, or local
governmental agency performing automotive glass work or glazing as
an assigned duty for which the person has been properly trained;
(2) a student performing automotive glass work or
glazing as part of a board-approved educational or training program
if:
(A) the work product produced by the student as
part of the program is not intended for public use; or
(B) the student, while performing assigned
duties, is supervised by a licensed instructor;
(3) a glass instructor certified by the National Glass
Association or another certification organization approved by the
board or licensed by another state, if:
(A) the instructor is performing automotive
glass work or glazing in this state as part of a board-approved
educational or training program;
(B) the instructor does not perform the
automotive glass work or glazing in this state for more than 30 days
each calendar year; and
(C) the work product of the educational or
training program is not intended for public use;
(4) an employee of a business entity, whose primary
duties include automotive glass work or glazing performed on
premises owned or leased by the business for the use of the business
and not intended for use by the public;
(5) a person fabricating glass products;
(6) a person installing, maintaining, repairing, or
servicing glass in or around a single-family residence owned and
occupied or to be occupied by the person, subject to any inspection
and approval required by other law;
(7) a person who:
(A) is a maintenance person or maintenance
engineer and is a regular employee of the owner, lessee, or
management company of the property where the work is being
performed;
(B) performs the work in connection with the
business in which the person is employed; and
(C) does not engage in the business of automotive
glass work or glazing for hire to the general public;
(8) a person that holds the person out to be a retail
seller of glass products and engages in the retail sale of glass
products, if the person does not also engage in automotive glass
work or glazing; and
(9) a person who:
(A) installs safety-backed mirror products;
(B) repairs or replaces flat glass in residential
buildings that does not exceed 30 square feet; or
(C) is engaged exclusively in the business of
automotive glass repair.
Sec. 1306.004. APPLICATION OF SUNSET ACT. The Glass
Technicians Board of Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished September 1,
2017.
[Sections 1306.005-1306.050 reserved for expansion]
SUBCHAPTER B. GLASS TECHNICIANS BOARD OF EXAMINERS
Sec. 1306.051. BOARD; MEMBERSHIP. (a) The Glass
Technicians Board of Examiners consists of nine members appointed
by the governor with the advice and consent of the senate as
follows:
(1) two licensed automotive glass replacement
technicians;
(2) two members who are owners or principals of a
company engaged in the business of replacing automotive glass;
(3) one member who is a licensed glazier who is
affiliated with a labor organization whose members are involved in
glazing;
(4) one member who is a licensed glazier who is not
affiliated with a labor organization whose members are involved in
glazing;
(5) one member who is an owner or principal of a
company engaged in the business of glazing which is a signatory to a
collective bargaining agreement with a labor organization whose
members are involved in glazing;
(6) one member who is an owner or principal of a
company engaged in the business of glazing which is not a signatory
to a collective bargaining agreement with a labor organization
whose members are involved in glazing; and
(7) one member who is a representative of the
consuming public.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
Sec. 1306.052. MEMBER ELIGIBILITY. (a) To qualify as a
board member, a person must be a resident of this state.
(b) A person is not eligible for appointment as a public
member of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of automotive glass
work or glazing;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the board or
receiving funds from the board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the board or receiving funds from the
board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
Sec. 1306.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.
(a) In this section, "Texas trade association" means a cooperative
and voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the board or an employee
of the board employed in a "bona fide executive, administrative, or
professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, manager, or
paid consultant of a Texas trade association in the field of
automotive glass work or glazing; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of automotive
glass work or glazing.
(c) A person may not be a member of the board or act as
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
Sec. 1306.054. TERMS; VACANCIES. (a) Members of the board
serve staggered six-year terms. The terms of three members expire
on January 31 of each odd-numbered year.
(b) A vacancy on the board shall be filled by appointment of
the governor.
Sec. 1306.055. PRESIDING OFFICER. The governor shall
designate a member of the board as presiding officer of the board to
serve in that capacity at the pleasure of the governor.
Sec. 1306.056. MEETINGS; OFFICIAL RECORD. (a) The board
shall meet at least once each year.
(b) The board may meet at other times at the call of the
presiding officer or as provided by board rule.
(c) The board shall keep an official record of all board
meetings and proceedings.
Sec. 1306.057. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 1306.051 and 1306.052;
(2) does not maintain during service on the board the
qualifications required by Sections 1306.051 and 1306.052;
(3) is ineligible for membership under Section
1306.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director has knowledge that a potential
ground for removal of a board member exists, the executive director
shall notify the presiding officer of the board of the potential
ground. The presiding officer shall then notify the governor and
the attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the executive director shall notify the next highest officer of the
board, who shall notify the governor and the attorney general that a
potential ground for removal exists.
Sec. 1306.058. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the board's programs, functions,
rules, and budget;
(2) the results of the most recent formal audit of the
board;
(3) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflict of interest; and
(4) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 1306.059. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide to members of the board, as often as
necessary, information regarding their:
(1) qualifications for office under this chapter; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers.
Sec. 1306.060. REIMBURSEMENT. A board member is entitled
to reimbursement for expenses as provided by the General
Appropriations Act.
Sec. 1306.061. APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
AND ADMINISTRATIVE PROCEDURE LAWS. Except as provided by this
chapter, the board is subject to Chapters 551, 552, and 2001,
Government Code.
[Sections 1306.062-1306.100 reserved for expansion]
SUBCHAPTER C. BOARD POWERS AND DUTIES
Sec. 1306.101. RULES. The board shall adopt rules
consistent with this chapter for the administration of this chapter
and the operation of the board.
Sec. 1306.102. GENERAL POWERS AND DUTIES. The board shall:
(1) evaluate the qualifications of license applicants
and issue licenses to qualified applicants;
(2) contract with a nationally recognized testing
organization, such as the National Glass Association or another
organization whose examination is determined by the board to be at
least as stringent as the applicable examination given by the
National Glass Association, to develop and administer to applicants
who apply for a license under this chapter a written automotive
glass replacement technician examination, automotive glass repair
technician examination, or glazier examination;
(3) establish standards of ethical conduct for persons
performing automotive glass work or glazing;
(4) by rule establish safety standards in accordance
with accepted industry standards for:
(A) automotive glass replacement that are at
least as stringent as the 2002 Auto Glass Replacement Safety
Standards developed by the American National Standards Institute;
and
(B) glazing and automotive glass repair that are
at least as stringent as national safety standards recognized by
the board for glazing and automotive glass repair; and
(5) establish continuing education requirements for
renewal of each type of license issued under this chapter.
Sec. 1306.103. FEES. The board shall set and collect
application, license, renewal, and other necessary fees in amounts
that are reasonable and necessary to cover the costs of
administering and enforcing this chapter.
Sec. 1306.104. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a) The board may not adopt rules
restricting advertising or competitive bidding by a person
regulated by the board except to prohibit false, misleading, or
deceptive practices by that person.
(b) The board may not include in its rules to prohibit
false, misleading, or deceptive practices by a person regulated by
the board a rule that:
(1) restricts the use of any advertising medium;
(2) restricts the person's personal appearance or the
use of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the use of a trade name in advertising by
the person.
Sec. 1306.105. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. (a) The board shall adopt rules necessary to comply
with Chapter 53.
(b) In its rules under this section, the board shall list
the specific offenses for which a conviction would constitute
grounds for the board to take action under Section 53.021.
Sec. 1306.106. SUBPOENA. (a) The board may request and,
if necessary, compel by subpoena:
(1) the attendance of a witness for examination under
oath; and
(2) the production for inspection and copying of
records and other evidence relevant to the investigation of an
alleged violation of this chapter.
(b) If a person fails to comply with a subpoena issued under
this section, the board, acting through the attorney general, may
file suit to enforce the subpoena in a district court in Travis
County or in the county in which a hearing conducted by the board
may be held.
(c) The court shall order a person to comply with the
subpoena if the court determines that good cause exists for issuing
the subpoena.
Sec. 1306.107. USE OF TECHNOLOGY. The board shall
implement a policy requiring the board to use appropriate
technological solutions to improve the board's ability to perform
its functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Sec. 1306.108. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Sec. 1306.109. COMMITTEES. The board may appoint
committees that it considers necessary to carry out its duties.
Sec. 1306.110. ANNUAL REPORT. (a) The board shall file
annually with the governor and the presiding officer of each house
of the legislature a complete and detailed written report
accounting for all money received and disbursed by the board during
the preceding fiscal year.
(b) The annual report must be in the form and be reported in
the time provided by the General Appropriations Act.
[Sections 1306.111-1306.150 reserved for expansion]
SUBCHAPTER D. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 1306.151. EXECUTIVE DIRECTOR. (a) The board shall
employ an executive director. The executive director is the
executive head of the board and performs its administrative duties.
(b) The board shall set the compensation of the executive
director.
Sec. 1306.152. PERSONNEL. The executive director may
employ personnel as necessary to implement this chapter.
Sec. 1306.153. EQUAL EMPLOYMENT OPPORTUNITY POLICY.
(a) The executive director or the executive director's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure that
all personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the civil rights division of the
Texas Workforce Commission for compliance with Subsection (b)(1);
and
(3) be filed with the governor's office.
Sec. 1306.154. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to board employees information and training on the benefits
and methods of participation in the state employee incentive
program.
Sec. 1306.155. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
[Sections 1306.156-1306.200 reserved for expansion]
SUBCHAPTER E. PUBLIC PARTICIPATION AND COMPLAINT PROCEDURES
Sec. 1306.201. PUBLIC INTEREST INFORMATION. (a) The board
shall prepare and disseminate consumer information that describes
the regulatory functions of the board and the procedures by which
consumer complaints are filed with and resolved by the board.
(b) The board shall make the information available to the
public and appropriate state agencies.
Sec. 1306.202. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
board for the purpose of directing complaints to the board. The
board may provide for that notice:
(1) on each form, application, or written contract for
services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of
business of each person regulated under this chapter; or
(3) in a bill for service provided by a person
regulated under this chapter.
(b) The board shall list with its regular telephone number
any toll-free telephone number established under other state law
that may be called to present a complaint about a glass technician.
Sec. 1306.203. RECORDS OF COMPLAINTS. (a) The board shall
maintain a system to promptly and efficiently act on complaints
filed with the board. The board shall maintain:
(1) information about the parties to the complaint and
the subject matter of the complaint;
(2) a summary of the results of the review or
investigation of the complaint; and
(3) information about the disposition of the
complaint.
(b) The board shall make information available describing
its procedures for complaint investigation and resolution.
(c) The board shall periodically notify the parties of the
status of the complaint until final disposition of the complaint.
Sec. 1306.204. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. The board shall adopt rules
concerning the investigation of a complaint filed with the board.
The rules must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint
that is dismissed and that a letter be sent to the person who filed
the complaint explaining the action taken on the dismissed
complaint;
(4) ensure that the person who files a complaint has an
opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator.
Sec. 1306.205. DISPOSITION OF COMPLAINT. (a) The board
shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of
a complaint that is under the control of the board not later than
the 30th day after the date the board receives the complaint.
(b) Each party shall be notified of the projected time
requirements for pursuing the complaint. The board shall notify
each party to the complaint of any change in the schedule
established under Subsection (a)(2) not later than the seventh day
after the date the change is made.
(c) The executive director shall notify the board of a
complaint that is not resolved within the time prescribed by the
board for resolving the complaint.
Sec. 1306.206. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Sec. 1306.207. INFORMAL SETTLEMENT CONFERENCE. The board
shall establish guidelines for an informal settlement conference
related to a complaint filed with the board.
[Sections 1306.208-1306.250 reserved for expansion]
SUBCHAPTER F. LICENSING REQUIREMENTS
Sec. 1306.251. LICENSE REQUIRED. (a) Except as provided
by Section 1306.003, a person may not practice automotive glass
work or glazing unless the person holds a license issued by the
board under this chapter.
(b) Unless a person holds a license issued under this
chapter, a person may not use the title or represent or imply the
person has the title "licensed automotive glass replacement
technician," "licensed automotive glass repair technician," or
"licensed glazier."
(c) A license issued under this chapter is nontransferable.
Sec. 1306.252. ELIGIBILITY REQUIREMENTS. (a) To be
eligible for a license under this chapter, an applicant must:
(1) be at least 18 years of age;
(2) have successfully completed a primary education
through at least the eighth grade or an equivalent educational
program;
(3) pass the required examination;
(4) submit an application on the form prescribed by
the board and any other information required by board rule; and
(5) pay all required fees.
(b) In addition to the requirements under Subsection (a), an
applicant applying for an automotive glass replacement technician
license must have:
(1) successfully completed a training program that is
approved by the board and is at least as stringent as the Auto Glass
Technical Institute training program developed by the National
Glass Association or a similar training program selected by the
board; and
(2) worked as a trainee in automotive glass
replacement work for not less than six months.
(c) In addition to the requirements under Subsection (a), an
applicant applying for an automotive glass repair technician
license must have:
(1) successfully completed a windshield repair
manufacturer factory training program or other equivalent program
approved by the board;
(2) worked as a trainee in automotive glass repair
work for not less than six months; and
(3) performed not less than 200 automotive glass
repairs as a trainee.
(d) In addition to the requirements under Subsection (a), an
applicant applying for a glazier license must have:
(1) successfully completed a training program
approved by the board that is at least as stringent as the Glass
Installer Technical Institute training program developed by the
National Glass Association or a similar training program selected
by the board and worked as a trainee in glazing for not less than one
year; or
(2) successfully completed Apprenticeship Training or
Journeymen Upgrading in the practice of glazing as part of a program
recognized or approved by the United States Department of Labor
Bureau of Apprenticeship and Training.
Sec. 1306.253. EXAMINATION. An examination required for
issuance of a license under this chapter must test entry level
knowledge of automotive glass replacement work, automotive glass
repair work, or glazing, including OSHA standards and industry
safety standards such as the Auto Glass Replacement Safety Standard
developed by the American National Standards Institute.
Sec. 1306.254. EXAMINATION RESULTS. The board shall notify
each applicant of the results of a licensing examination not later
than the 30th day after the date the board receives the results of
the examination.
Sec. 1306.255. REEXAMINATION. (a) An applicant who fails
to pass a required examination may not apply to retake the
examination before the expiration of one month from the date the
applicant is notified of the results of the examination.
(b) An applicant who fails to pass the required examination
three times may not retake the examination before:
(1) the applicant successfully completes the
additional training required by the board; and
(2) the expiration of 180 days from the date the
applicant was notified of the results of the most recent
examination.
Sec. 1306.256. PROVISIONAL LICENSE. The board may issue a
provisional license to an applicant who:
(1) holds a license from another state that has
license requirements substantially equivalent to those of this
state;
(2) submits the information required by the board; and
(3) pays the required fees.
Sec. 1306.257. LICENSE EXPIRATION DATE. (a) An automotive
glass replacement technician license and a glazier license issued
under this chapter are valid for three years and may be renewed in
accordance with this chapter and board rules.
(b) An automotive glass repair technician license is valid
for five years and may be renewed in accordance with this chapter
and board rules.
(c) The board by rule may adopt a system under which
licenses expire on various dates during the year.
(d) For a year in which the license expiration date is
changed, license fees payable on January 1 shall be prorated on a
monthly basis so that each license holder pays only the portion of
the fee that is allocable to the number of months during which the
license is valid. On renewal of the license on the new expiration
date, the total license renewal fee is payable.
Sec. 1306.258. LICENSE RENEWAL. (a) A person may renew an
unexpired license by paying the required renewal fee to the board
before the expiration date of the license.
(b) At least 30 days before the expiration of a person's
license, the board shall send written notice of the impending
license expiration to the person at the person's last known address
according to the board's records.
(c) A person whose license has been expired for 90 days or
less may renew the license by paying to the board the required
renewal fee and an additional fee equal to one-half of the
examination fee for the license. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the board all unpaid renewal fees and
an additional fee equal to the examination fee for the license.
[Sections 1306.259-1306.300 reserved for expansion]
SUBCHAPTER G. DISCIPLINARY PROCEDURES
Sec. 1306.301. GROUNDS FOR DISCIPLINARY ACTION. (a) The
board shall revoke, suspend, or refuse to renew a license or shall
reprimand a license holder if the license holder:
(1) violates this chapter or a rule adopted by the
board;
(2) performs automotive glass work or glazing in
violation of this chapter or a rule adopted by the board;
(3) obtains or attempts to obtain a license by fraud or
misrepresentation;
(4) committed an act that constitutes gross negligence
in the auto glass replacement, auto glass repair work, or glazing
and that results in injury to another person;
(5) engages in dishonorable, unethical, or
unprofessional conduct likely to deceive, defraud, or harm the
public;
(6) is habitually intoxicated or participates in the
illegal use of drugs;
(7) directly or indirectly gives or receives a fee,
commission, rebate, or other compensation for a service regulated
by this chapter that is not performed;
(8) fails to respond to a written request for
information by the board not later than the 60th day after the date
the person receives the request;
(9) has had a license or certification revoked or
suspended or other disciplinary action taken by another state or
territory;
(10) aids a person not licensed under this chapter in
the performance of automotive glass replacement, automotive glass
repair work, or glazing that requires a license under this chapter;
or
(11) makes material misstatements in an application
for a license or renewal under this chapter.
(b) The board may place on probation a person whose license
is suspended. If a license suspension is probated, the board may
require the person to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review professional education or
training until the person attains a degree of skill satisfactory to
the board in those areas that are the basis of the probation.
Sec. 1306.302. HEARING. (a) If the board proposes to
revoke or suspend a person's license, the person is entitled to a
hearing before the board.
(b) A member of the board or employee of the board may
communicate directly or indirectly with a party to the proceeding
or with the party's representative only if notice and an
opportunity to participate are given to each party.
Sec. 1306.303. SCHEDULE OF SANCTIONS. (a) The board by
rule shall adopt a broad schedule of sanctions for violations under
this chapter.
(b) The State Office of Administrative Hearings shall use
the schedule for any sanction imposed under this chapter as the
result of a hearing conducted by that office.
Sec. 1306.304. TEMPORARY LICENSE SUSPENSION. (a) The
board or a three-member committee of board members designated by
the board shall temporarily suspend the license of a license holder
if the board or committee determines from the evidence or
information presented to it that continued practice by the license
holder would constitute a continuing and imminent threat to the
public welfare.
(b) The board or committee may temporarily suspend a license
without notice or hearing under this section if:
(1) action is taken to initiate proceedings for a
hearing before the board or the State Office of Administrative
Hearings simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
(c) The board or the State Office of Administrative Hearings
shall hold a preliminary hearing on a date not later than the 14th
day after the date of the temporary suspension to determine if there
is a probable cause to believe that a continuing and imminent threat
to the public welfare still exists. A final hearing on the matter
shall be held not later than the 60th day after the date of the
temporary suspension.
Sec. 1306.305. INFORMAL PROCEDURES. (a) The board by rule
shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of a representative of the
attorney general or the board's legal counsel to advise the board or
the board's employees.
Sec. 1306.306. ADMINISTRATIVE PROCEDURE. A proceeding to
suspend or revoke a license under this subchapter is governed by
Chapter 2001, Government Code.
Sec. 1306.307. MONITORING OF LICENSE HOLDER. (a) The
board by rule shall develop a system for monitoring a license
holder's compliance with this chapter.
(b) Rules adopted under this section must include
procedures to:
(1) monitor for compliance a license holder who is
ordered by the board to perform certain acts; and
(2) identify and monitor license holders who represent
a risk to the public.
Sec. 1306.308. REFUND. (a) Subject to Subsection (b), the
board may order a license holder to pay a refund to a consumer as
provided in an agreement resulting from an informal settlement
conference instead of or in addition to imposing an administrative
penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The board may not require
payment of other damages or estimate harm in a refund order.
[Sections 1306.309-1306.350 reserved for expansion]
SUBCHAPTER H. ADMINISTRATIVE PENALTY
Sec. 1306.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The
board may impose an administrative penalty on a person licensed
under this chapter who violates this chapter or a rule or order
adopted under this chapter.
Sec. 1306.352. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
amount of the administrative penalty may not be less than $50 or
more than $5,000 for each violation. Each day a violation continues
or occurs is a separate violation for the purpose of imposing a
penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(c) The board by rule shall adopt an administrative penalty
schedule based on the criteria listed in Subsection (b) for
violations of this chapter or board rules to ensure that the amounts
of penalties imposed are appropriate to the violation. The board
shall provide the administrative penalty schedule to the public on
request.
Sec. 1306.353. REPORT AND NOTICE OF VIOLATION AND PENALTY.
(a) If the board determines that a violation occurred, the board
may issue to the board a report stating:
(1) the facts on which the determination is based; and
(2) the board's recommendation on the imposition of an
administrative penalty, including a recommendation on the amount of
the penalty.
(b) Not later than the 14th day after the date the report is
issued, the board shall give written notice of the report to the
person. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended administrative
penalty; and
(3) inform the person of the person's right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Sec. 1306.354. PENALTY TO BE PAID OR HEARING REQUESTED.
(a) Not later than the 10th day after the date the person receives
the notice, the person in writing may:
(1) accept the determination and recommended
administrative penalty of the board; or
(2) request a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty of the board, the board by order shall approve the
determination and impose the recommended penalty.
Sec. 1306.355. HEARING. (a) If the person requests a
hearing or fails to respond in a timely manner to the notice, the
board shall set a hearing and give written notice of the hearing to
the person.
(b) An administrative law judge of the State Office of
Administrative Hearings shall hold the hearing. The administrative
law judge shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the board a proposal for a
decision about the occurrence of the violation and the amount of any
proposed administrative penalty.
Sec. 1306.356. DECISION BY BOARD. (a) Based on the
findings of fact, conclusions of law, and proposal for decision,
the board by order may determine that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The notice of the board's order given to the person must
include a statement of the right of the person to judicial review of
the order.
Sec. 1306.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
(a) Not later than the 30th day after the date the board's order
becomes final, the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court and that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of
the board's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the board by
certified mail.
(c) If the board receives a copy of an affidavit under
Subsection (b)(2), the board may file with the court, not later than
the fifth day after the date the copy is received, a contest to the
affidavit.
(d) The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Sec. 1306.358. COLLECTION OF PENALTY. (a) If the person
does not pay the administrative penalty and the enforcement of the
penalty is not stayed, the penalty may be collected.
(b) The attorney general may sue to collect the penalty.
Sec. 1306.359. DETERMINATION BY COURT. (a) If a court
sustains the determination that a violation occurred, the court may
uphold or reduce the amount of the administrative penalty and order
the person to pay the full or reduced penalty.
(b) If the court does not sustain the finding that a
violation occurred, the court shall order that a penalty is not
owed.
Sec. 1306.360. REMITTANCE OF PENALTY AND INTEREST. (a) If
the person paid the administrative penalty and if the amount of the
penalty is reduced or the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, that
the appropriate amount plus accrued interest be remitted to the
person.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on
the date the penalty is paid and ending on the date the penalty is
remitted.
Sec. 1306.361. RELEASE OF BOND. (a) If the person gave a
supersedeas bond and the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, the
release of the bond.
(b) If the person gave a supersedeas bond and the amount of
the penalty is reduced, the court shall order the release of the
bond after the person pays the reduced amount.
Sec. 1306.362. ADMINISTRATIVE PROCEDURE. A proceeding to
impose an administrative penalty is considered to be a contested
case under Chapter 2001, Government Code.
[Sections 1306.363-1306.400 reserved for expansion]
SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 1306.401. INJUNCTIVE RELIEF. (a) The board may
commence an action in its own name for an injunction to restrain a
violation of this chapter. An action under this section is in
addition to any other action authorized by law.
(b) The attorney general shall represent the board in an
action under this section unless the appropriate county or district
attorney, upon request, agrees to represent the board.
Sec. 1306.402. CEASE AND DESIST ORDER. (a) If it appears
to the board that a person who is not licensed under this chapter is
violating this chapter, a rule adopted under this chapter, or
another state statute or rule relating to automotive glass work or
glazing, the board after notice and opportunity for a hearing may
issue a cease and desist order prohibiting the person from engaging
in the activity.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty under this chapter.
SECTION 2. (a) Not later than the 90th day after the
effective date of this Act, the governor shall make appointments to
the Glass Technicians Board of Examiners. In making the initial
appointments to the board, the governor shall designate:
(1) one professional member, one public member, and
one member who is owner or principal of a company for terms expiring
January 31, 2007;
(2) one professional member, one public member, and
one member who is owner or principal of a company for terms expiring
January 31, 2009; and
(3) one professional member, one public member, and
one member who is owner or principal of a company for terms expiring
January 31, 2011.
(b) For the initial members of the Glass Technicians Board
of Examiners, the automotive glass replacement technician members
and the glazier members are not required to be licensed under
Chapter 1306, Occupations Code, as added by this Act, until
September 1, 2006.
SECTION 3. Not later than May 1, 2006, the Glass Technicians
Board of Examiners shall:
(1) adopt rules, procedures, and fees under Chapter
1306, Occupations Code, as added by this Act; and
(2) contract with a nationally recognized testing
organization for the administration of the license examinations
required by Section 1306.102, Occupations Code, as added by this
Act.
SECTION 4. (a) The Glass Technicians Board of Examiners
shall issue a license to a qualified applicant under this section
who:
(1) applies for a license under this section not later
than June 1, 2006;
(2) submits to the board the information required by
board rule;
(3) holds a current auto glass repair, auto glass
replacement, or glass installer certificate issued by the National
Glass Association or other certification approved by the board;
(4) is a participant or has successfully completed a
United States Department of Labor Bureau of Apprenticeship Training
recognized or approved program related to the practice of glazing;
and
(5) pays the application fee.
(b) An applicant for a license under this section must be a
certified automotive glass replacement technician, automotive
glass repair technician, or glazier on the effective date of this
Act.
SECTION 5. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2005.
(b) Section 1306.251, Occupations Code, as added by this
Act, and Subchapters G, H, and I, Chapter 1306, Occupations Code, as
added by this Act, take effect September 1, 2006.