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.