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A BILL TO BE ENTITLED
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AN ACT
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relating to issuance of an optional license for certain builders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle C, Title 16, Property |
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Code, is amended to read as follows: |
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SUBTITLE C. BUILDER REGISTRATION AND LICENSING |
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SECTION 2. Subtitle C, Title 16, Property Code, is amended |
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by adding Chapter 422 to read as follows: |
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CHAPTER 422. OPTIONAL LICENSE |
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Sec. 422.001. OPTIONAL LICENSE. (a) A person may act as a |
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builder without holding a license issued under this chapter. |
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(b) A person may not represent that the person is a licensed |
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builder unless the person holds a license issued under this |
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chapter. |
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Sec. 422.002. APPLICATION FOR LICENSE. An applicant |
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for an original or renewal license must submit an application on a |
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form prescribed by the commission. |
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Sec. 422.003. FEES. (a) The commission shall charge |
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and collect license application and renewal fees in amounts |
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reasonable and necessary to cover the cost of administering this |
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chapter. |
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(b) All fees paid to the commission under this section are |
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nonrefundable. |
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Sec. 422.004. ELIGIBILITY REQUIREMENTS. A person may not |
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receive a license under this chapter unless the person, at the time |
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of the application: |
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(1) is at least 18 years of age; |
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(2) maintains liability insurance in an amount set by |
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the commission; |
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(3) maintains at least $2,500 of working capital; |
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(4) has a total cost of at least $500 on one or more |
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projects; |
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(5) has, within the 10 years preceding the date of the |
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application, at least: |
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(A) four years of building trade experience; or |
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(B) two years of building trade experience and a |
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four-year baccalaureate degree in accounting, business, |
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mathematics, physics, economics, or another field of study approved |
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by the commission; and |
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(6) has passed an examination approved by the |
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commission regarding: |
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(A) business law; and |
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(B) homebuilding laws, regulations, and ethics. |
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Sec. 422.005. ISSUANCE OF LICENSE. (a) Not later than the |
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15th day after the date the commission receives an application from |
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an applicant who meets the requirements of this chapter, the |
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commission shall issue a license to the applicant. |
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(b) The license remains in effect for the period prescribed |
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by the commission if the license holder complies with this chapter |
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and pays the appropriate renewal fees. |
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Sec. 422.006. DENIAL OF LICENSE. (a) If the commission |
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denies an application for an original license or a renewal license, |
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the commission shall give written notice to the applicant not later |
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than the 15th day after the date the commission receives the |
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application. |
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(b) The applicant may appeal the denial of the application |
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if, on or before the 30th day after the date the applicant receives |
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notice under this section, the applicant files a written request |
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for a hearing before the commission. |
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(c) The commission shall: |
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(1) set a time and place for the hearing not later than |
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the 30th day after the date the commission receives the notice of |
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the appeal; and |
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(2) give notice of the hearing to the applicant before |
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the 15th day before the date of the hearing. |
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(d) The hearings officer may grant a motion for continuance |
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of the hearing on the request of the commission or either party. |
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(e) The hearing shall be held before a hearings officer |
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appointed by the commission. After the hearing, the hearings |
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officer shall enter an appropriate order. |
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(f) The commission shall adopt procedural rules under which |
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a decision by a hearings officer under this section is subject to |
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appeal to the commission. |
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(g) A hearing under this section is governed by Chapter |
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2001, Government Code. |
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Sec. 422.007. EXPIRATION OF LICENSE. (a) The commission |
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may issue or renew a license for a period that does not exceed 24 |
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months. |
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(b) The commission by rule may adopt a system under which |
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licenses expire on various dates throughout the year. The |
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commission shall adjust the date for payment of renewal fees |
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accordingly. |
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(c) In a year in which the expiration date for a license is |
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changed, the renewal fee payable shall be prorated on a monthly |
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basis so that the license holder pays only that portion of the fee |
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that is allocable to the number of months during which the license |
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is valid. On renewal of the license on the new expiration date, the |
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total renewal fee is payable. |
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Sec. 422.008. RULES. The commission shall adopt rules |
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necessary to implement this chapter. |
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SECTION 3. This Act takes effect September 1, 2009. |