80R11321 YDB-F

By: Bailey H.B. No. 1413

Substitute the following for H.B. No. 1413:

By: Geren C.S.H.B. No. 1413

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of fire protection sprinkler technicians.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1, Article 5.43-3, Insurance Code, is amended by amending Subdivision (12) and adding Subdivision (15) to read as follows:

(12) "License" means the document issued to a responsible managing employee or a fire protection sprinkler technician authorizing the employee or technician [same] to engage in the fire protection sprinkler system business in this state.

(15) "Fire protection sprinkler technician" means a person who installs, alters, maintains, or services a fire protection sprinkler system or any part of the system as an employee of a fire protection sprinkler system contractor.

SECTION 2. Section 3(a), Article 5.43-3, Insurance Code, is amended to read as follows:

(a) The board shall administer this article and may issue rules necessary to its administration through the State Fire Marshal. Under rules adopted under this subsection, the board shall operate [may create] a specialized licensing or registration program for fire protection sprinkler system contractors and for fire protection sprinkler technicians.

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

(b) Each fire protection sprinkler system contractor must employ at least one licensed responsible managing employee on a full-time basis and 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) A person may not install, alter, maintain, or service a fire protection sprinkler system unless the person:

(1) is licensed under this article or is working under the direct supervision of a person licensed under this article; and

(2) is performing the activity as an employee of a licensed fire protection sprinkler system contractor.

(c-2) The board shall issue a fire protection sprinkler technician license conditioned on the applicant's successful completion of the required examination. Each applicant for a fire protection sprinkler technician license must submit with the application:

(1) 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

(2) a nonrefundable application and examination fee of $30.

(c-3) Each applicant for a fire protection sprinkler technician's license is subject to a criminal history check under Section 411.106, Government Code.

(c-4) The board, in consultation with the state fire marshal, shall select to certify fire protection sprinkler technicians under this article a certification organization that:

(1) conducts certification of fire protection sprinkler system personnel who have successfully completed training administered by a certification program or institution recognized by the federal government in the installation of piping systems that serve for fire protection;

(2) makes certification decisions that are not subject to approval by any other organization or the membership of an affiliated organization and operates all financial matters related to the certification organization's operation separately from the affiliated organization;

(3) uses reliable testing mechanisms that are objective, fair, job-related, and based on the applicant's knowledge and skills necessary to function in the fire protection sprinkler industry;

(4) establishes scores for successful completion of certification at a level that protects the public by determining whether the applicant is sufficiently knowledgeable to install, repair, alter, maintain, and service fire protection sprinkler systems that meet applicable code standards; and

(5) publishes and makes available to the public the procedures used by the organization in examination construction and validation, the eligibility requirements and determination procedures, and the procedures for examination administration including dates, locations, fees, result reporting, recertification requirements, and grievance or appeals procedures.

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

(d) An initial contractor [A] certificate of registration and an initial fire protection sprinkler technician or managing employee [a] license are valid for a period of two years [one year] from the date of issue and are renewable [annually] on payment of the renewal [annual] fee [; provided, however, that the initial certificates of registration or licenses issued on or after September 1, 1983, may be issued for periods of less than one year and the annual fee shall be prorated proportionally].

(e) Except as otherwise provided by this subsection, the [The] fee charged by the board for any request for a duplicate certificate of registration or license or any request requiring change to a certificate of registration or license must be in an amount not to exceed $70. The fee charged by the board for a duplicate fire protection sprinkler technician license or any request requiring change to the license is $30.

SECTION 4. Section 5A(a), Article 5.43-3, Insurance Code, is amended to read as follows:

(a) Each renewal of a license or certificate of registration issued under this article is valid for a period of two years. The license or registration fee for each year of the two-year period is payable on renewal. The license renewal fee for a fire protection sprinkler technician is $30.

SECTION 5. Section 5B, Article 5.43-3, Insurance Code, is amended by adding Subsections (a-1) and (f) to read as follows:

(a-1) The examination for a fire protection sprinkler technician 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) A person who fails the examination for a fire protection sprinkler technician license may not retake the examination before the 90th day after the date of the initial examination and must submit a $30 nonrefundable examination fee for each subsequent attempt.

SECTION 6. Article 5.43-3, Insurance Code, is amended by adding Section 5E to read as follows:

Sec. 5E. IDENTIFICATION CARD; CONTINUING EDUCATION. (a) 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. The board by rule shall prescribe the form and content of the card.

(b) The board shall provide the identification card on issuance of a fire protection sprinkler technician license or renewal license.

(c) A fire protection sprinkler technician must annually complete at least eight hours of continuing education in accordance with commissioner rules.

SECTION 7. (a) Not later than January 1, 2008, the Texas Department of Insurance and the state fire marshal shall adopt the rules and establish the procedures and certification and examination requirements necessary to implement the licensing of fire protection sprinkler technicians under Article 5.43-3, Insurance Code, as amended by this Act.

(b) 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. This Act takes effect September 1, 2007.