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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of installers of swimming pools and |
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in-ground spas; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 12, Occupations Code, is |
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amended by adding Chapter 1904 to read as follows: |
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CHAPTER 1904. SWIMMING POOL AND SPA CONTRACTORS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1904.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(3) "Swimming pool and spa contractor" means a person |
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who contracts for the installation of a swimming pool or in-ground |
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spa for an individual or a private business. |
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[Sections 1904.002-1904.050 reserved for expansion] |
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SUBCHAPTER B. DEPARTMENT POWERS AND DUTIES |
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Sec. 1904.051. ADMINISTRATION. The department shall |
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administer this chapter. |
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Sec. 1904.052. FORMS. The department shall prescribe |
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application forms for original and renewal licenses and shall |
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design the licenses. |
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Sec. 1904.053. ADVISORY BOARD. The commission may appoint |
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an advisory board to assist the department in administering this |
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chapter. |
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Sec. 1904.054. INSURANCE REQUIREMENTS. The department |
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shall set insurance requirements for a license holder under this |
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chapter. |
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Sec. 1904.055. RULES REGARDING USE AND DISPLAY OF LICENSE. |
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The commission shall adopt rules relating to the use, display, and |
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advertisement of a license. |
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Sec. 1904.056. CONTRACTS FOR ENFORCEMENT. The department |
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may contract with another state agency or a political subdivision |
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of the state to enforce this chapter and rules adopted under this |
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chapter. |
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Sec. 1904.057. PERSONNEL. The department may employ |
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personnel necessary to administer this chapter. |
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Sec. 1904.058. DIRECTORY OF LICENSE HOLDERS. (a) The |
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department shall publish annually a directory of license holders. |
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(b) The department may sell the directory on payment of a |
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reasonable fee set by the commission. |
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[Sections 1904.059-1904.100 reserved for expansion] |
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SUBCHAPTER C. LICENSE REQUIREMENTS |
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Sec. 1904.101. LICENSE REQUIRED. A person may not act as a |
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swimming pool and spa contractor in this state for compensation |
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unless the person holds a license issued under this chapter. |
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Sec. 1904.102. SCOPE OF LICENSE. A license is valid |
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throughout this state, and the license holder is not required to |
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hold a municipal license or certificate to be a swimming pool and |
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spa contractor in any municipality in this state. |
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Sec. 1904.103. APPLICATION; ELIGIBILITY. (a) A license |
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application must be made on a form prescribed by the department. |
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(b) To be eligible for a license, the applicant must be at |
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least 18 years old and must present to the department satisfactory |
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evidence of experience necessary to be a swimming pool and spa |
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contractor. The commission by rule shall determine the evidence of |
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experience that is sufficient to be licensed as a swimming pool and |
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spa contractor. The experience must include factors such as |
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education, training, and practical experience in related fields. |
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(c) The application must be accompanied by: |
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(1) a statement of the applicant's experience; |
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(2) evidence of the insurance coverage required by |
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this chapter; and |
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(3) the application fee. |
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Sec. 1904.104. ISSUANCE AND TERM OF LICENSE; RENEWAL. (a) |
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On payment of the license fee, the department shall issue a swimming |
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pool and spa contractor license to an applicant who meets the |
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requirements of this chapter, including the requirement to provide |
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evidence of insurance coverage. |
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(b) A license issued under this chapter expires on the |
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second anniversary of the date of issuance and may be renewed by |
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complying with the requirements of the department. |
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Sec. 1904.105. TEMPORARY LICENSE. (a) The commission by |
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rule may provide for the issuance of a temporary swimming pool and |
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spa contractor license to an applicant who: |
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(1) submits to the department an application on a form |
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prescribed by the department; and |
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(2) pays the required fees. |
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(b) A temporary license is valid for a term determined by |
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the department and may not be renewed. |
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[Sections 1904.106-1904.150 reserved for expansion] |
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SUBCHAPTER D. PENALTIES AND ENFORCEMENT |
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Sec. 1904.151. EMERGENCY ORDERS. (a) The department may |
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issue an emergency order as necessary to enforce this chapter or a |
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rule adopted under this chapter if the department determines that |
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an emergency exists or formerly existed requiring immediate |
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temporary action to protect the public health and safety. The order |
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may be issued without notice and hearing or with notice and hearing |
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as the department considers practicable under the circumstances. |
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(b) If an emergency order is issued under this section |
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without a hearing, the department shall set the time and place for a |
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hearing to affirm, modify, or set aside the emergency order. |
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Sec. 1904.152. CEASE AND DESIST ORDERS. The department may |
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issue a cease and desist order regarding a violation of this chapter |
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or a rule adopted under this chapter. |
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Sec. 1904.153. OFFENSE; CRIMINAL PENALTY. (a) A person |
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commits an offense if the person knowingly or intentionally acts as |
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a swimming pool and spa contractor without holding a license under |
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this chapter. |
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(b) An offense under this section is a Class C misdemeanor. |
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SECTION 2. (a) The Texas Department of Licensing and |
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Regulation shall issue a swimming pool and spa contractor license |
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under Subchapter C, Chapter 1904, Occupations Code, as added by |
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this Act, to a person who: |
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(1) provides proof satisfactory to the department that |
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the person has been engaged in business as a swimming pool and spa |
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contractor during the two years preceding the date of the license |
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application; |
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(2) applies to the department not later than July 31, |
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2008; |
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(3) pays the required fee; and |
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(4) shows evidence of insurance coverage required by |
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Section 1904.054, Occupations Code, as added by this Act. |
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(b) A person who is issued a license under this section is |
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subject to all other provisions of Chapter 1904, Occupations Code, |
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as added by this Act, including provisions for the renewal of the |
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license. |
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SECTION 3. Not later than March 1, 2008, the Texas |
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Commission on Licensing and Regulation shall adopt any rules |
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necessary to administer Chapter 1904, Occupations Code, as added by |
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this Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2007. |
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(b) Section 1904.101 and Subchapter D, Chapter 1904, |
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Occupations Code, as added by this Act, take effect September 1, |
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2008. |