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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration of roofing contractors; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 8, Occupations Code, is amended by adding |
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Subchapter 1306 to read as follows: |
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CHAPTER 1306. ROOFING CONTRACTORS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1306.001. DEFINITIONS. In this chapter: |
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(1) "Certificate" means a certificate of registration |
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issued under this chapter. |
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(2) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(3) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(4) "Roofing contracting" means performing or |
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offering to perform the installation, construction, maintenance, |
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service, repair, alteration, or modification of a roofing product |
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or equipment in roofs. |
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(5) "Roofing contractor" means a person who performs |
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roofing contracting for compensation. |
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Sec. 1306.002. EXEMPTIONS. (a) This chapter does not apply |
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to a person while the person performs roofing contracting: |
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(1) on new residential construction of a single-family |
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home, duplex, triplex, or fourplex; |
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(2) under the direct supervision of an individual |
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certificate holder; |
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(3) on property owned by the person and used as the |
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person's residence; or |
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(4) on a dwelling owned by a member of the person's |
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family. |
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(b) This chapter does not apply to a person who holds an |
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occupational license or other analogous authority issued by this |
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state and who performs roofing contracting work incidental to the |
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performance of work within the course and scope of the person's |
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license or other authority. |
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(c) This chapter does not apply to roofing contracting |
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performed for compensation that does not exceed a total amount of |
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$750. |
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[Sections 1306.003-1306.050 reserved for expansion] |
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SUBCHAPTER B. COMMISSION POWERS AND DUTIES |
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Sec. 1306.051. ENFORCEMENT; RULES. (a) The commission |
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shall enforce this chapter and may adopt rules relating to |
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enforcement requirements. |
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(b) The commission may contract with another state agency or |
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with a political subdivision of this state for the enforcement of |
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this chapter and the rules adopted by the commission under this |
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chapter. |
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Sec. 1306.052. FEES. The commission by rule shall set the |
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fees assessed to implement this chapter, including application |
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fees, registration fees, and renewal fees. The commission shall |
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set the fees in amounts reasonable and necessary to cover the costs |
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of implementing this chapter. |
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[Sections 1306.053-1306.100 reserved for expansion] |
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SUBCHAPTER C. REGISTRATION REQUIREMENTS |
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Sec. 1306.101. CERTIFICATE REQUIRED. (a) Unless exempted |
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from registration under Section 1306.002, a person may not perform |
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roofing contracting unless the person holds a certificate issued |
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under this chapter. |
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(b) A certificate is valid throughout this state, and the |
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holder is not required to hold a municipal license or certificate to |
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practice roofing contracting in any municipality in this state. |
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Sec. 1306.102. APPLICATION; ELIGIBILITY. (a) A |
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certificate application must be made on a form prescribed by the |
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commission. |
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(b) To be eligible for a certificate, an individual |
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applicant must: |
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(1) be at least 18 years of age; and |
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(2) meet any experience requirements prescribed by the |
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commission by rule. |
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(c) An individual's application must be accompanied by: |
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(1) proof of age of the applicant; |
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(2) a statement of the applicant's practical |
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experience, including the number of years of experience in roofing; |
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(3) the applicant's: |
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(A) state photo identification number, if any; |
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(B) sales tax number; |
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(C) Internal Revenue Service employer |
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identification number; |
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(D) telephone number and facsimile number; |
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(E) e-mail address; and |
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(F) mailing address and, if different from the |
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mailing address, the address where the applicant's business is |
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physically located; and |
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(4) the application fee. |
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(d) A business entity may be registered if the business |
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entity is owned by or employs an individual certificate holder who |
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will actively engage in roofing contracting on behalf of the |
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applicant. An application under this subsection must be |
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accompanied by: |
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(1) the applicant's: |
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(A) state identification number, if any; |
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(B) sales tax number; |
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(C) Internal Revenue Service employer |
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identification number; |
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(D) telephone number and facsimile number; |
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(E) e-mail address; and |
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(F) mailing address and, if different from the |
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mailing address, the address where the applicant's business is |
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physically located; |
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(2) the form of the business entity and name of each |
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owner of the applicant; |
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(3) the name, address, e-mail address, telephone |
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number, and facsimile number of the individual certificate holder |
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who owns or is employed by the business entity; and |
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(4) the application fee. |
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(e) The business name used by an applicant under this |
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section must be the same on all documents included with the |
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application. |
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(f) Each applicant must submit the evidence of insurance |
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coverage required by this chapter. |
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Sec. 1306.103. INSURANCE REQUIREMENTS. (a) A certificate |
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holder shall maintain comprehensive general liability insurance |
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coverage as provided by this section. |
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(b) An applicant for a certificate must provide as part of |
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the application: |
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(1) a certificate of insurance or other documentary |
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evidence of a general liability insurance policy issued by a |
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property and casualty insurer authorized by the Texas Department of |
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Insurance to engage in the business of insurance in this state, |
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countersigned by an insurance agent licensed in this state; or |
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(2) a certificate of insurance for surplus lines |
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coverage obtained under Chapter 981, Insurance Code, through a |
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licensed surplus lines agent resident in this state. |
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(c) The general liability insurance policy must be |
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conditioned to pay on behalf of the certificate holder damages that |
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the certificate holder becomes legally obligated to pay because of |
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bodily injury, property damage, or personal injury caused by an |
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event involving the principal, or an officer, agent, or employee of |
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the principal, in the conduct of any activity or service for which |
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the certificate holder is registered under this chapter. |
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(d) The insurance policy must: |
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(1) include products liability and completed |
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operations coverage; and |
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(2) contain minimum limits of: |
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(A) $500,000 for each occurrence for death or |
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bodily injury; and |
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(B) $500,000 for each occurrence for property |
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damage. |
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(e) On renewal of the certificate, each certificate holder |
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shall provide to the department a document issued by the person's |
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insurer that states the following: |
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(1) the name of the insurer; |
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(2) the policy number; |
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(3) the limits of coverage under the policy; |
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(4) the name of each insured under the policy; |
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(5) the policy term; |
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(6) any cancellation clause applicable to the |
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coverage; and |
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(7) a signature from the insurer or an agent for that |
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insurer. |
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(f) An insurance policy used to satisfy the requirements of |
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this section must provide that the insurer must send notice to the |
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department in the manner prescribed by the commission not later |
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than the 10th day after the date on which: |
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(1) the insurance policy is canceled before the policy |
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expiration date; or |
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(2) the minimum coverage limits required by this |
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section are reduced. |
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Sec. 1306.104. CERTIFICATE ISSUANCE; USE OF CERTIFICATE |
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NUMBER. (a) The commission shall issue a certificate to a person |
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who qualifies for a certificate under this chapter. |
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(b) Each roofing contractor who holds a certificate under |
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this chapter shall display the certificate number on each contract, |
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letterhead, advertisement, or motor vehicle used by the certificate |
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holder in providing roofing contracting services in this state. |
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Sec. 1306.105. TERM. A certificate is valid for one year |
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from the date of issuance. |
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Sec. 1306.106. RENEWAL; CONTINUING EDUCATION. (a) To |
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renew a certificate, a certificate holder must complete at least |
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eight hours of continuing education annually. |
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(b) The commission shall recognize, prepare, or administer |
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continuing education programs for certificate holders. |
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[Sections 1306.107-1306.150 reserved for expansion] |
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SUBCHAPTER D. ENFORCEMENT |
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Sec. 1306.151. DENIAL, SUSPENSION, OR REVOCATION OF |
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CERTIFICATE. (a) A violation of this chapter, a rule adopted under |
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this chapter, or an order issued under this chapter is a ground for |
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the denial, suspension, or revocation of a certificate and a ground |
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for the imposition of an administrative penalty under Subchapter F, |
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Chapter 51. |
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(b) A conviction of a crime an essential element of which is |
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misstatement, fraud, or dishonesty, or of a felony, is a ground for |
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denial, suspension, or revocation of a certificate. |
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(c) A proceeding for the denial, suspension, or revocation |
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of a certificate or an appeal from that proceeding is subject to |
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Chapter 2001, Government Code. |
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(d) The department may reissue a certificate that has been |
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revoked under this section if the certificate holder applies in |
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writing to the commission and shows good cause to justify |
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reissuance. |
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Sec. 1306.152. ENFORCEMENT OF CONTRACTS. (a) A person |
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required to register under this chapter who performs roofing |
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contracting without holding a certificate issued under this chapter |
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may not collect a fee or otherwise enforce a contract for the |
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roofing service performed. To enforce a contract for the |
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performance of roofing contracting, the person performing the |
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service must present proof that the person held a certificate at the |
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time the contract was signed and the work was performed. |
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(b) The commission shall adopt rules relating to the manner |
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in which proof may be presented under this section. |
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Sec. 1306.153. OFFENSE; CRIMINAL PENALTY. (a) A person |
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commits an offense if the person engages in roofing contracting |
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without holding a certificate required under this chapter. |
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(b) An offense under this section is a Class C misdemeanor. |
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SECTION 2. The Texas Commission of Licensing and Regulation |
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shall adopt rules as required by Chapter 1306, Occupations Code, as |
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added by this Act, not later than January 1, 2010. |
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SECTION 3. Notwithstanding Section 1306.101, Occupations |
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Code, as added by this Act, a person is not required to hold a |
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certificate of registration to engage in roofing contracting for |
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compensation in this state until March 1, 2010. |
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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, 2009. |
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(b) Section 1306.101, Occupations Code, and Subchapter D, |
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Chapter 106, Occupations Code, take effect March 1, 2010. |