81R9834 YDB-F

By: Hamilton H.B. No. 1971

A BILL TO BE ENTITLED

AN ACT

relating to regulation of fire protection sprinkler technicians.

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

SECTION 1. Section 6003.001, Insurance Code, is amended by adding Subdivision (1-a) and amending Subdivision (6) to read as follows:

(1-a) "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.

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

SECTION 2. Section 6003.052(b), Insurance Code, is amended to read as follows:

(b) Under rules adopted under Section 6003.051(b), the department shall operate [may create] a specialized licensing or registration program for:

(1) fire protection sprinkler system contractors; and

(2) fire protection sprinkler technicians.

SECTION 3. Section 6003.055, Insurance Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(a) The commissioner shall set the fee for:

(1) a registration certificate application in an amount not to exceed $100;

(2) an initial or renewal registration certificate in an amount not to exceed $1,200 annually; [and]

(3) an initial or renewal responsible managing employee license fee in an amount not to exceed $200 annually; and

(4) a renewal fire protection sprinkler technician fee of $30.

(c) Except as provided by Subsection (d), the [The] commissioner shall set a fee in an amount not to exceed $70 for:

(1) a duplicate registration certificate or license issued under this chapter; or

(2) any request requiring changes to a registration certificate or license.

(d) The commissioner shall charge a fee of $30 for:

(1) a duplicate fire protection sprinkler technician license issued under this chapter; or

(2) any request requiring changes to a fire protection sprinkler technician license.

SECTION 4. Subchapter D, Chapter 6003, Insurance Code, is amended by adding Section 6003.1535 to read as follows:

Sec. 6003.1535. FIRE PROTECTION SPRINKLER TECHNICIAN: LICENSE REQUIRED. (a) 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.

(b) A person may not install, alter, maintain, or service a fire protection sprinkler system unless the person:

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

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

(c) The department 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 (e) or by another state with which this state has a reciprocity agreement in accordance with Subsection (f); and

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

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

(e) The department, in consultation with the state fire marshal, shall select to certify fire protection sprinkler technicians under this chapter 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.

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

SECTION 5. Section 6003.156, 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 commissioner.

(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. Section 6003.158, Insurance Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) Except as provided by Subsection (c), participation [Participation] in the continuing education programs is voluntary.

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

SECTION 7. Section 6003.201(a), Insurance Code, is amended to read as follows:

(a) An [Except as otherwise provided by this subsection, an] initial registration certificate or license is valid for a period of two years [one year] from the date of issue and is renewable on payment of the renewal fee. [An initial registration certificate or license issued on or after September 1, 1983, may be issued for a period of less than one year and the renewal fee shall be prorated proportionally.]

SECTION 8. The heading to Subchapter F, Chapter 6003, Insurance Code, is amended to read as follows:

SUBCHAPTER F. PRACTICE, PROHIBITED PRACTICES, AND DISCIPLINARY

PROCEDURES

SECTION 9. Subchapter F, Chapter 6003, Insurance Code, is amended by adding Section 6003.2515 to read as follows:

Sec. 6003.2515. IDENTIFICATION CARD. (a) A fire protection sprinkler technician must carry an identification card issued by the department while the technician is performing a service for which licensing is required by this chapter and must present the card on request. The commissioner by rule shall prescribe the form and content of the card.

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

SECTION 10. (a) Not later than January 1, 2010, the commissioner 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 Chapter 6003, Insurance Code, as amended by this Act.

(b) A fire protection sprinkler technician is not required to hold a license under Chapter 6003, Insurance Code, as amended by this Act, before July 1, 2010.

SECTION 11. This Act takes effect September 1, 2009.