80(R) HB 1413 - House Committee Report version

BILL ANALYSIS

BACKGROUND AND PURPOSE

Currently, Texans are not protected to the fullest extent possible from fire -related tragedies. C.S.H.B. 1413 will ensure not only that the companies who provide fire protection sprinkler systems are properly licensed, but that all of their employees are also properly trained and educated to install, repair, inspect and maintain these systems. This not only protects patrons but also gives fire fighters a sense of safety when entering a burning building that a sprinkler system has been installed by licensed individual.

C.S.H.B. 1413 requires the Texas Department of Insurance and state fire marshal to provide a specialized licensing or registration program for fire protection sprinkler technicians. C.S.H.B. 1413 sets forth licensing procedures and continuing education requirements for fire protection sprinkler technicians.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Insurance and the state fire marshal in Sections 2 and 7 and the Texas Department of Insurance in Section 6 of this bill.

ANALYSIS

SECTION 1. Amends Section 1, Article 5.43-3, Insurance Code, by amending Subdivisions (12) and adding Subdivision (15) as follows:

(12) Redefines “License”.

(15) Defines “Fire protection sprinkler technician”.

SECTION 2. Amends Section 3(a), Article 5.43-3, Insurance Code, by requiring the board to operate a specialized licensing or registration program for fire protection sprinkler system contractors and for fire protection sprinkler technicians, under rules adopted under this subsection.

SECTION 3. Amends Section 4, Article 5.43-3, Insurance Code, by amending Subsections (b), (d) and (e) and adding Subsections (c-1), (c-2), (c-3), (c-4), and (c-5) as follows:

(b) Adds requirement that each fire protection sprinkler system contractor must have at least one licensed fire protection sprinkler technician on each job site to perform the work of installing, altering, maintaining, or servicing a fire protection sprinkler system that requires a license under this chapter.

(c-1) Prohibits a person from not installing, altering, maintaining, or servicing a fire protection sprinkler system unless the person is licensed under this article or working under the direct supervision of a person licensed under this article and is performing the activity as an employee of a licensed fire protection sprinkler system contractor.

(c-2) Requires the board to issue a fire protection sprinkler technician license upon successful completion of the required examination. Also requires each applicant for a license to submit with the application proof that the applicant holds certification issued by a certification organization in accordance with Subsection (c-4) or by another state with which this state has a reciprocity agreement in accordance with subsection (c-5) and a non-refundable application and examination fee of $30.

(c-3) Requires each applicant for a license to be subject to a criminal history check under Section 411.106, Government Code.

(c-4) Requires the board, in consultation with the state fire marshal, to select to certify fire protection sprinkler technicians under this article a certification organization that conducts certification of fire protection sprinkler system personnel who meet certain requirements set out in this provision.

(c-5) Authorizes the state fire marshal to make an agreement, subject to the governor's approval, with another state to allow licensing by reciprocity.

(d) Provides that an initial contractor certificate of registration and an initial fire protection sprinkler technician or managing employee license are valid for a period of two years and are renewable on payment of the renewal fee.

(e) Provides that the fee charged by the board for a duplicate license or any request requiring change to the license is $30.

SECTION 4. Amends Section 5A(a), Article 5.43-3, Insurance Code, to provide that the license renewal fee for a fire protection sprinkler technician is $30.

SECTION 5. Amends Section 5B, Article 5.43-3, Insurance Code, to add Subsection (a-1) and (f) as follows:

(a-1) Provides that the examination must test the applicant’s knowledge of the installation, repair, alteration, maintenance, and service of fire protection sprinkler systems, in accordance with nationally accepted code standards approved by the board.

(f) Provides that a person who fails the examination for a license may not retake the examination before the 90^th day after the date of the initial examination and must submit a $30 nonrefundable fee for each subsequent attempt.

SECTION 6. Amends Article 5.43-3, Insurance Code, by adding Section 5E to require a fire protection sprinkler technician must carry an identification card issued by the board while the person is performing a service for which licensing is required by this article and must present the card on request. Requires the board to prescribe by rule the form and content of the card. Further provides that the board shall provide the identification card on issuance of a license or renewal license. Requires that a fire protection sprinkler technician must annually complete at least eight hours of continuing education in accordance with commissioner rules.

SECTION 7. (a) Requires the Texas Department of Insurance and the state fire marshal to adopt rules and establish procedures and certification requirements necessary to implement the licensing of fire protection sprinkler technicians no later than January 1, 2008

(b) Provides that a fire protection sprinkler technician is not required to hold a license under Article 5.43-3, Insurance Code, as amended by this Act, before July 1, 2009.

SECTION 8. Effective date: September 1, 2007.

EFFECTIVE DATE

September 1, 2007.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1413 modifies the original in the following ways:

In Section 3(b) the substitute clarifies that there must be “at least one” licensed fire protection sprinkler technician on each job site as opposed to the requirement in the original that there must be “a” licensed fire protection sprinkler technician on each job site.
In Section (c-1) the substitute adds a provision that would allow persons “working under the direct supervision of a person licensed under this article” to the category of those permitted to install, alter, maintain or service a fire protection sprinkler system.
In Section (c-2) the substitute allows for issuance of a license to an applicant who holds certification issued by a certification organization, instead of by a national certification organization as stated in the original bill, or by another state with which this state has a reciprocity agreement in accordance with Section (c-5).
In Section (c-4) the substitute changes the entity, from the advisory council to the state fire marshal, that the board shall consult with to select a certification organization.
The substitute adds Section (c-5) to authorize the state fire marshal to make an agreement, subject to approval by the governor, with another state to allow licensing by reciprocity.
In Section 7(b) the substitute changes the date a fire protection sprinkler technician is not required to hold a license from before July 1, 2008, to before July 1, 2009.