SECTION 1. Subtitle A, Title
6, Occupations Code, is amended by adding Chapter 1003 to read as follows:
CHAPTER 1003. FOUNDATION
REPAIR CONTRACTORS
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 1003.001. SHORT
TITLE.
Sec. 1003.002.
DEFINITIONS. In this chapter:
(1) "Advisory
board" means the Foundation Repair
Contractors Advisory Board.
(2)
"Commission" means the Texas Commission of Licensing and
Regulation.
(3)
"Department" means the Texas Department of Licensing and
Regulation.
(4) "Executive
director" means the executive director of the department.
(5)
"Foundation" means that portion of a structure that serves the
function of:
(A) supporting an
overlying structure;
(B) providing a base for
an overlying structure; or
(C) transmitting loads
from an overlying structure to the underlying soils.
(6) "Foundation repair" means the performance of or an
offer to perform the design, installation, or construction functions in
connection with the repair or maintenance of a foundation.
(7) "Foundation repair contracting company" means an
individual or business engaged in foundation repair contracting for the
public.
(8) "Laborer"
means an individual who, under the supervision of a person licensed under
this chapter, performs manual labor, including digging holes, pouring foundations, tunneling, and installing
underpinning.
(9) "Manager" means an individual who oversees activities
related to foundation repair, including foundation installation, foundation
lifting, customer service, and sales.
(10) "Mobile
structure" means a structure that has
wheels attached for the purpose of moving the structure from one location
to another.
Sec. 1003.003.
EXEMPTIONS. (a) This chapter does not apply to:
(1) an individual who, without paid help, repairs the foundation of a home
that the individual owns and in which the individual resides;
(2) an individual
licensed as an engineer under Chapter 1001 who
engages in foundation repair in connection with the business in which the
individual is employed but who does not engage in that work for the public;
(3) an individual or
entity that engages in foundation repair for a mobile structure;
(4) an individual or
entity that performs foundation repair only on nonresidential properties;
or
(5) an individual or
entity that, for compensation:
(A) sells, constructs, or remodels a
single-family house or duplex;
(B) supervises or manages
the construction or remodeling of a single-family house or duplex; or
(C) contracts for the
supervision or management of the construction or remodeling of a
single-family house or duplex.
(b) For purposes of
Subsection (a), remodeling of a single-family house or duplex is exempt to the extent it does not include
foundation repair.
(c) A laborer is not
required to hold a license under this chapter if the laborer is engaged in
foundation repair under the supervision of a license holder under this
chapter.
Sec. 1003.004.
APPLICATION OF MUNICIPAL ORDINANCES. Foundation repair by an individual or
entity, including an individual or entity that is exempt under this
chapter, is subject to a permit, inspection, or approval requirement
established by a municipal ordinance.
[Sections
1003.005-1003.050 reserved for expansion]
SUBCHAPTER B. FOUNDATION
REPAIR CONTRACTORS ADVISORY BOARD
Sec. 1003.051. ADVISORY
BOARD MEMBERSHIP. The Foundation Repair
Contractors Advisory Board consists of seven
members appointed by the presiding officer of the commission, with the
commission's approval.
Sec. 1003.052. MEMBERS. (a) Each advisory board member, other than
the public member, must be experienced in the design, installation,
construction, maintenance, service, repair, or modification of a
foundation.
(b) The members shall be
appointed as follows:
(1) one member who is an
official of a municipality;
(2) one member who is an
engineer licensed under Chapter 1001;
(3) four members who are
foundation repair master license holders, of
whom two must be members of a statewide foundation repair organization; and
(4) one member who represents
the public and is not affiliated with any foundation
repair contracting company.
Sec. 1003.053. ADVISORY
BOARD DUTIES. The advisory board shall provide advice and recommendations
to the department and commission on technical matters relevant to the
administration and enforcement of this chapter, including examination
content, licensing standards, fees, rules, and continuing education
requirements.
Sec. 1003.054. TERMS;
VACANCY. (a) Advisory board members shall serve staggered six-year
terms. The terms of two or three
members expire on February 1 of each odd-numbered year.
(b) If a vacancy occurs
during a member's term, the presiding officer of the commission, with the
commission's approval, shall fill the vacancy for the remainder of the
unexpired term with an individual having the same qualifications as the
predecessor.
Sec. 1003.055. PRESIDING
OFFICER. The presiding officer of the commission, with the commission's
approval, shall designate one member of the advisory board to serve as
presiding officer of the advisory board for a two-year
term.
Sec. 1003.056.
COMPENSATION; REIMBURSEMENT. An advisory board member serves without
compensation but is entitled to
reimbursement for actual and necessary expenses incurred in performing
functions as an advisory board member, as provided by the General
Appropriations Act and the budget of the department.
Sec. 1003.057. MEETINGS.
(a) The advisory board shall meet at least annually and may meet at other
times at the call of the presiding officer of the commission or the
executive director.
(b) The advisory board shall meet in this state at a place
designated by the executive director.
[Sections
1003.058-1003.100 reserved for expansion]
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 1003.101. RULES.
The commission shall adopt rules as necessary to implement this chapter.
(See Sec. 1003.161 below.)
Sec. 1003.102. INSURANCE REQUIREMENTS. The commission by rule shall
establish reasonable minimum liability insurance requirements for a
contracting company license holder under this chapter.
Sec. 1003.103. CONTRACTS
FOR ENFORCEMENT.
Sec. 1003.104.
PERSONNEL.
Sec. 1003.105. DIRECTORY
OF LICENSE HOLDERS. The department shall maintain a directory of license
holders and make the directory available to the public.
[Sections
1003.106-1003.150 reserved for expansion]
No
equivalent provision.
(See Sec. 1003.157(d)
below)
SUBCHAPTER D. LICENSE
REQUIREMENTS
Sec. 1003.151. LICENSE
REQUIRED. (a) An individual or entity may
not engage in foundation repair unless the individual or entity holds the
appropriate license under this chapter.
(b) An individual or entity that holds a license issued under this
chapter is not required to hold a license issued by a municipality to
engage in foundation repair in the municipality.
Sec. 1003.152. LICENSE
CLASSIFICATIONS. The department shall issue contracting
company, master, and journeyman licenses.
Sec. 1003.153. CONTRACTING COMPANY LICENSE. (a) A contracting company license entitles the
license holder to engage in business as a foundation repair contracting company.
(b) A contracting company license holder shall employ at least one
full-time master license holder.
(c) A contracting company license holder that does not employ a
master license holder as required by Subsection (b) at the time the
services are performed may not collect a fee or otherwise enforce the
contract.
(d) A contracting company license holder shall maintain at all times
insurance as required by commission rule.
Sec. 1003.154. MASTER
LICENSE. (a) A master license entitles the license holder to engage in
foundation repair.
(b) An applicant for a
master license under this chapter must:
(1) be at least 21 years
of age;
(2) have at least 60
months of documented, practical work experience in foundation repair under
the supervision of a master license holder during
the preceding seven years or substantially equivalent
experience; and
(3) pass an examination
administered by the department.
Sec. 1003.155. JOURNEYMAN
LICENSE. (a) A journeyman license entitles the license holder to engage in the design and sale of foundation repair and the
lifting, lowering, and adjusting of buildings under the supervision
of a master license holder.
(b) An applicant for a
journeyman license under this chapter must:
(1) be at least 21 years
of age;
(2) have at least 24
months of documented, practical work experience in foundation repair under
the supervision of a master license holder during the preceding five years or substantially equivalent
experience; and
(3) pass an examination
administered by the department.
No
equivalent provision.
Sec. 1003.156. PRACTICAL EXPERIENCE.
For purposes of determining an applicant's
practical experience under this subchapter,
a four-year degree in
engineering is equivalent to two years of practical experience if the
degree is from an institution of higher education.
Sec. 1003.157.
APPLICATION. (a) An applicant for a license must submit an application on
the form prescribed by the department.
(b) The application must
specify the class of license for which the applicant is applying and
include the required fees.
(c) The application for a
master or journeyman license must include a statement containing evidence
satisfactory to the department of the applicant's required practical
experience. An application for a contracting
company license must include proof of insurance as required by commission
rule.
(d) The department may conduct a criminal background check on an
applicant.
Sec. 1003.158.
EXAMINATIONS. (a) The department
shall prescribe a separate examination for each class of license under this
chapter, except that an examination is not required for a contracting company license.
(b) The department shall prescribe the method and
content of an examination administered
under this chapter.
(c) The examination:
(1) must be offered on a monthly basis or more frequently as
determined by the executive director;
(2) must be offered at locations throughout the state as determined
by the executive director; and
(3) may be offered online as determined by the executive director.
Sec. 1003.159. ISSUANCE
AND TERM OF LICENSE. (a) The department shall issue a license to an
applicant who:
(1) submits a verified application on a form prescribed
by the department;
(2) provides evidence of insurance coverage required by commission
rule, if applicable;
(3) passes an examination, if applicable;
(4) pays the required fees; and
(5) meets the
requirements of this chapter and rules adopted under this chapter.
(b) A license issued
under this chapter expires at the end of the
license period set by the commission.
Sec. 1003.160. RENEWAL OF
LICENSE. To renew a license, the license holder must:
(1) submit a renewal
application in the form prescribed by the executive director;
(2) pay the required fee;
(3) show evidence of insurance required by commission rule, if
applicable; and
(4) show evidence of
having completed the continuing education requirements established by the commission, as applicable.
Sec. 1003.161. DISPLAY OF
LICENSE. The commission, with the advice of the advisory board, shall
adopt rules relating to the use, display, and advertisement of a license.
Sec. 1003.162. NOTICE TO
MUNICIPALITIES. (a) An individual or entity that obtains a license under
this chapter shall provide a notice to the municipal authority that
enforces foundation repair regulations in each municipality in which the
individual or entity engages in foundation repair.
(b) The notice must be in
the form required by the municipality and inform the municipality that the
individual or entity has obtained a license under this chapter.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
Sec. 1003.163. PROHIBITED
PRACTICES. (a) A license holder may not perform or offer or attempt to
perform an act, service, or function that is:
(1) defined as the
practice of engineering under Chapter 1001, unless the individual holds a
license under that chapter;
(2) defined as the
practice of architecture under Chapter 1051, unless the individual holds a
license under that chapter;
(3) regulated under
Chapter 113, Natural Resources Code, unless the individual holds a license
or is exempt by rule under that chapter; or
(4) defined as plumbing
under Chapter 1301, unless the individual holds a license under that
chapter.
(b) A license holder may
not:
(1) fail to provide
services for which payment has been made or fail to honor the terms of a
contract in the absence of a good faith dispute;
(2) intentionally or knowingly misrepresent a
necessary service, service to be provided, or service that has been
provided; or
(3) make a fraudulent
promise to induce an individual to contract for a service.
[Sections
1003.164-1003.200 reserved for expansion]
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
(See Sec. 1003.162 above.)
SUBCHAPTER E.
DISCIPLINARY ACTION; PENALTY
Sec. 1003.201.
DISCIPLINARY ACTION. The commission or executive director may impose an
administrative penalty or take disciplinary
action under Chapter 51 or this
chapter if a license holder violates this chapter, a rule adopted under
this chapter, or an order of the commission or the executive director.
No
equivalent provision.
Sec. 1003.202. CRIMINAL
PENALTY. (a) A person commits an offense if the person knowingly engages in foundation repair without
holding a license required by this chapter.
(b) An offense under this
section is a Class C misdemeanor.
[Sections
1003.203-1003.250 reserved for expansion]
SUBCHAPTER F. INITIAL
LICENSES
No
equivalent provision.
Sec. 1003.251. WAIVER OF
EXAMINATION REQUIREMENT.
(a) The department shall
waive the examination requirement of Section 1003.154(b) for a master
license for an applicant who has been an
owner or manager of a foundation repair contracting company for at least 60
months before September 1, 2014.
(b) The department shall
waive the examination requirement of Section 1003.155(b) for a journeyman
license for an applicant who has worked for a
foundation repair contracting company as a salesperson, estimator, foreman,
or manager for at least 24 months before September 1, 2014.
Sec. 1003.252. INITIAL
LICENSING.
(a) The department shall
issue a master license to a qualified applicant who:
(1) submits an
application not later than September 1, 2014;
(2) is at least 21 years of age; and
(3) has been an owner or
manager of a foundation repair contracting company for at least 60 months.
(b) The department shall
issue a journeyman license to a qualified applicant who:
(1) submits an
application not later than September 1, 2014;
(2) is at least 21 years of age; and
(3) has worked for a
foundation repair contracting company as a salesperson, estimator, foreman,
or manager for at least 24 months.
Sec. 1003.253. RENEWAL OF
LICENSE.
Sec. 1003.254. EXPIRATION
OF SUBCHAPTER.
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SECTION 1. Subtitle A, Title
6, Occupations Code, is amended by adding Chapter 1003 to read as follows:
CHAPTER 1003. FOUNDATION
REPAIR CONTRACTORS
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 1003.001. SHORT
TITLE.
Sec. 1003.002.
DEFINITIONS. In this chapter:
(1) "Advisory
board" means the Foundation Repair
Advisory Board.
(2)
"Commission" means the Texas Commission of Licensing and
Regulation.
(3)
"Department" means the Texas Department of Licensing and
Regulation.
(4) "Executive
director" means the executive director of the department.
(5)
"Foundation" means that portion of the structure of a residential property, other than a column,
that serves the function of:
(A) supporting an
overlying structure;
(B) providing a base for
an overlying structure; or
(C) transmitting loads
from an overlying structure to the underlying soils.
(6) "Foundation repair company" means a person engaged in
the business of foundation repair contracting.
(7) "Foundation repair contracting" means performing or
offering to prepare an estimation or to perform the preparation for, installation
of, or construction functions in connection with the repair or maintenance
of a foundation.
(8) "Foundation repair work" means the preparation for or
estimation of the repair or maintenance of a foundation, or labor or the
use of materials for the installation or construction functions in
connection with the repair or maintenance of a foundation.
(9) "Laborer"
means an individual who, under the supervision and direction of a person
licensed under this chapter, performs nonsupervisory
manual labor, including digging holes, pouring supports, tunneling, and installing underpinning.
(10) "Mobile
structure" means:
(A) a manufactured home that complies with the construction and
safety standards of the United States Department of Housing and Urban
Development; or
(B) a mobile home, as defined by Section 1201.003.
(11) "Principal" means an individual who:
(A) personally or constructively holds, including as the beneficiary
of a trust:
(i) at least 10 percent of a corporation's outstanding stock; or
(ii) more than $25,000 of the fair market value of a business
entity;
(B) has the controlling interest in a business entity;
(C) has a direct or indirect participating interest through shares,
stock, or otherwise, regardless of whether voting rights are included, of
more than 10 percent of the profits, proceeds, or capital gains of a
business entity;
(D) is a member of the board of directors or other governing body of
a business entity; or
(E) serves as an elected officer of a business entity.
(12) "Residential property" means a single-family home or
duplex not more than three stories in height or a townhome not more than
two stories in height.
Sec. 1003.003.
EXEMPTIONS. (a) This chapter does not apply to:
(1) an individual who performs foundation repair work only on a home for
which the individual is listed in the records of the local appraisal
district as the owner, except that the individual may not pay compensation
to any person for the repair other than to purchase materials;
(2) an individual
licensed as an engineer under Chapter 1001;
(3) a person who performs
foundation repair work only on a
mobile structure;
(4) a person who performs
foundation repair work only on nonresidential property;
(5) a person who, for
compensation:
(A) constructs or
remodels a single-family home or duplex;
(B) supervises or manages
the construction or remodeling of a single-family home or duplex; or
(C) contracts for the
supervision or management of the construction or remodeling of a single-family
home or duplex; or
(6) a person regularly employed as a maintenance person for the
owner of residential or commercial property who:
(A) physically performs work on structures on the property; and
(B) does not perform or offer to perform foundation repair work for
the public.
(b) For the purposes of
Subsection (a)(5):
(1) the remodeling of a
single-family home or duplex is not exempt if
the work consists solely of foundation repair work; and
(2) foundation repair work, including work done under a structural
or foundation warranty covering the original construction or the remodel,
conducted on a single-family home or duplex is exempt from the requirements
of this chapter to the extent that the repair work is supervised, managed,
or performed, or contracted to be supervised, managed, or performed, by the
person who originally:
(A) constructed or remodeled the single-family home or duplex;
(B) supervised or managed the construction or remodeling of the
single-family home or duplex; or
(C) contracted for the supervision or management of the construction
or remodeling of the single-family home or duplex.
(c) A laborer is not
required to hold a license under this chapter if the laborer is engaged in
foundation repair under the supervision of a license holder and in
accordance with this chapter.
No
equivalent provision.
SUBCHAPTER B. FOUNDATION
REPAIR ADVISORY BOARD
Sec. 1003.051. ADVISORY
BOARD MEMBERSHIP. (a) The Foundation Repair
Advisory Board consists of nine
members appointed by the presiding officer of the commission, with the
commission's approval, as follows:
No
equivalent provision.
(1) one member who is an
official of a municipality;
(2) one member who is an
engineer licensed under Chapter 1001;
(3) four members who are
foundation repair master license holders;
(4) one member who is a journeyman license holder;
(5) one member who is a building contractor principally engaged in
residential building; and
(6) one member who
represents the public and is not affiliated with any foundation repair company.
(b) Appointments to the advisory board shall be made without regard
to the race, color, disability, sex, religion, age, or national origin of
the appointee.
(c) Notwithstanding Subsection (a)(3), the commission may appoint a
person to the advisory board under that subdivision if the person:
(1) does not hold a license under this chapter; and
(2) meets the qualifications for the license, including the
requirement that the person pass a criminal background check.
(d) A member appointed under Subsection (c) must apply for and
obtain a license not later than the 30th day after the date the member is
appointed.
Sec. 1003.052. ADVISORY
BOARD DUTIES. The advisory board shall provide advice and recommendations
to the department and commission on technical matters relevant to the
administration and enforcement of this chapter, including examination
content, licensing standards, foundation
repair standards, fees, rules, and continuing education
requirements.
Sec. 1003.053. TERMS;
VACANCY. (a) Advisory board members serve staggered six-year terms. The
terms of three members expire on
February 1 of each odd-numbered year.
(b) If a vacancy occurs
during a member's term, the presiding officer of the commission, with the
commission's approval, shall fill the vacancy for the remainder of the
unexpired term with an individual having the same qualifications as the individual's
predecessor.
(c) A member may not serve more than two consecutive full terms.
Sec. 1003.054. PRESIDING
OFFICER. (a) The presiding officer of the commission, with the
commission's approval, shall designate one member of the advisory board to
serve as presiding officer of the advisory board for a one-year term.
(b) The presiding officer of the advisory board may vote on any
matter before the advisory board.
Sec. 1003.055.
COMPENSATION; REIMBURSEMENT. An advisory board member serves without
compensation but may receive
reimbursement for actual and necessary expenses incurred in performing
functions as an advisory board member, as provided by the General
Appropriations Act and the budget of the department.
Sec. 1003.056. MEETINGS.
The advisory board shall meet at least annually and may meet at other times
at the call of the presiding officer of the commission or the executive
director.
SUBCHAPTER C. POWERS AND
DUTIES OF COMMISSION AND DEPARTMENT
Sec. 1003.101. RULES.
The commission shall adopt rules as necessary to implement this chapter, including rules:
(1) regarding the requirements to obtain and renew each type of
license under this chapter;
(2) regarding the operation of a foundation repair company,
including reasonable minimum insurance requirements, and the performance of
foundation repair contracting;
(3) governing the use, display, and advertisement of a license
issued under this chapter;
(4) regarding advertising in relation to an offer to perform
foundation repair work or foundation repair contracting; and
(5) relating to administrative sanctions that may be imposed on a
person under this chapter.
Sec. 1003.102. CONTRACTS
FOR ENFORCEMENT.
Sec. 1003.103. PERSONNEL.
Sec. 1003.104. DIRECTORY
OF LICENSE HOLDERS. The department shall maintain a directory of license
holders and make the directory available to the public on the Internet.
Sec. 1003.105. FEES. The
commission shall establish and the department shall collect reasonable and
necessary fees in amounts sufficient to cover the costs of administering
this chapter.
Sec. 1003.106. CRIMINAL HISTORY BACKGROUND CHECK. The department
may obtain criminal history record information under Subchapter F, Chapter
411, Government Code, for an applicant for or holder of a license under
this chapter. For purposes of Section 411.093, Government Code, an
applicant for or holder of a license under this chapter includes a
principal of the applicant or license holder.
SUBCHAPTER D. LICENSE
REQUIREMENTS
Sec. 1003.151. LICENSE
REQUIRED.
(a) Unless the person holds an appropriate license issued under this
chapter, a person may not:
(1) operate a foundation repair company;
(2) perform foundation repair work or supervise the performance of
foundation repair work; or
(3) prepare or provide:
(A) cost estimates for foundation repair work, including bids or
proposals; or
(B) a contract to perform foundation repair work.
(b) A person may not offer to perform an activity listed in
Subsection (a) unless the person holds an appropriate license issued under
this chapter.
(c) A license issued under this chapter is not transferable and may
be used only by the person, including a single foundation repair company,
listed on the license.
Sec. 1003.152. LICENSE
CLASSIFICATIONS. The department shall issue foundation
repair company, master, journeyman, and estimator licenses.
Sec. 1003.153. FOUNDATION REPAIR COMPANY LICENSE. (a) A foundation repair company license entitles
the license holder to engage in business as a foundation repair company.
(b) To be eligible for a foundation repair company license:
(1) if the applicant is an individual, the applicant must:
(A) submit proof that the applicant owns the foundation repair
company as a sole proprietor;
(B) be a master license holder or submit proof that the applicant
will employ at least one master license holder full-time;
(C) submit proof that the applicant has insurance that meets the
requirements of commission rules; and
(D) pass a criminal history background check; or
(2) if the applicant is a business entity:
(A) the applicant must identify each principal of the applicant,
including:
(i) the name and address of each partner, if the applicant is a
partnership; and
(ii) the name and address of the president, secretary, and
treasurer, if the applicant is a corporation;
(B) the applicant must submit proof that the applicant will employ
at least one master license holder full-time;
(C) the applicant must submit proof that the applicant has insurance
that meets the requirements of commission rules; and
(D) each principal of the applicant must pass a criminal history
background check.
Sec. 1003.154. MASTER
LICENSE. (a) A master license entitles the license holder to engage in
foundation repair contracting.
(b) An applicant for a
master license under this chapter must:
(1) be at least 21 years
of age;
(2) have at least 60
months of documented, practical work experience performing foundation
repair contracting under the
supervision of a master license holder during the preceding 10 years or substantially equivalent
experience as determined by the department;
(3) pass a criminal history background check; and
(4) pass an examination
administered by the department.
Sec. 1003.155. JOURNEYMAN
LICENSE. (a) A journeyman license
entitles the license
holder to engage in foundation repair
contracting
under the supervision of a
master license holder.
(b) An applicant for a
journeyman license under this chapter must:
(1) be at least 21 years
of age;
(2) have at least 24
months of documented, practical work experience in foundation repair
contracting under the supervision of a master license holder during the
preceding 10 years or substantially
equivalent experience as determined by the
department;
(3) pass a criminal history background check; and
(4) pass an examination
administered or accepted by the department.
Sec. 1003.156. ESTIMATOR
LICENSE. (a) An estimator license entitles the license holder to engage
in providing estimates or preparations for foundation repair contracting or
foundation repair work under the supervision of a master or journeyman
license holder.
(b) An applicant for an
estimator license under this chapter must:
(1) be at least 18 years
of age;
(2) pass a criminal
history background check; and
(3) pass an examination
administered or accepted by the department.
Sec. 1003.157. PRACTICAL
EXPERIENCE. (a) An applicant who holds a
degree or diploma or completes a certification program from an
institution of higher education that is
accredited by an accrediting agency recognized by the Texas Higher
Education Coordinating Board, holds a certificate of authority to grant
degrees issued by the Texas Higher Education Coordinating Board, or is
similarly authorized to award degrees by an equivalent governing body in
another state as determined by the executive director may substitute:
(1) a four-year degree or diploma in engineering for 24
months of practical experience required under this subchapter;
(2) a two-year associate's degree, a two-year diploma, or a two-year
certification program primarily focused on engineering or construction-related
work for 12 months of practical experience required under this subchapter;
(3) a one-year certification program, or a program that is not less
than two semesters, in engineering or construction-related work for six
months of practical experience required under this subchapter; and
(4) a program resulting in another applicable degree, diploma, or
certificate for an amount of practical experience required under this
subchapter as determined by the department under commission rule.
(b) Each of the following qualifies as practical experience required
under this subchapter:
(1) verified military service in which the person was trained in or
performed related engineering or construction-related work as part of the
person's military occupational specialty; and
(2) experience performing engineering or construction work related
to foundation repair while employed by a governmental entity.
(c) An applicant who has substantially equivalent experience
obtained in another state and who held a similar license in that state may
receive credit for the experience as determined by the department under
commission rule.
Sec. 1003.158.
APPLICATION. (a) An applicant for a license must submit an application on
the form prescribed by the executive director.
(b) The application must
specify the class of license for which the applicant is applying and
include the required fees.
(c) The application for a
master or journeyman license must include a statement containing evidence
satisfactory to the department of the applicant's required practical
experience.
(See Sec 1003.106 above.)
(d) The applicant must submit any other information required by the
executive director or by commission rule.
(e) The department may deny an application for a license or for the
renewal of a license if the applicant has previously had a license under
this chapter revoked or if the applicant has violated an order of the
commission or the executive director, including an order imposing sanctions
or an administrative penalty.
Sec. 1003.159.
EXAMINATIONS. (a) The executive director
shall prescribe a separate examination for each class of license under this
chapter, except that an examination is not required for a foundation repair company license.
(b) The executive director shall prescribe the
method and content of an examination required
under this chapter and may approve and accept
results of an examination administered by another organization.
Sec. 1003.160. ISSUANCE
AND TERM OF LICENSE. (a) The department shall issue a license to an
applicant who
meets the requirements of
this chapter and rules adopted under this chapter.
(b) A license issued
under this chapter is valid for one year and
expires on the first anniversary of the date the license is issued.
Sec. 1003.161. RENEWAL OF
LICENSE. (a) To renew a license, the license holder must:
(1) submit a renewal
application in the form prescribed by the executive director;
(2) pay the required fee;
and
(3) show evidence of
having completed the continuing education requirements established under Section 1003.162, if applicable.
(b) In addition to the requirements of Subsection (a), an applicant
to renew a foundation repair company license must also meet the
requirements of Section 1003.153(b).
(c) In addition to the requirements of Subsection (a), an applicant
to renew a master, journeyman, or estimator license must pass a criminal
history background check.
(See Sec. 1003.101(3)
above.)
(See Sec. 1003.254 below.)
Sec. 1003.162. CONTINUING
EDUCATION. (a) The commission by rule shall recognize, prepare, or
administer continuing education programs for license holders. Each master,
journeyman, and estimator license holder must complete a continuing
education program before the license holder may renew the license holder's
master license or journeyman license.
(b) A person recognized
by the commission to offer a continuing education program must:
(1) register with the
department; and
(2) comply with rules
adopted by the commission relating to continuing education.
SUBCHAPTER E. PRACTICE BY
LICENSE HOLDERS
Sec. 1003.201.
DELEGATION; SUPERVISION OF LABORERS AND CERTAIN EMPLOYEES. (a) A person
holding a master or journeyman license may delegate to a laborer under the
license holder's supervision any foundation repair work that does not
require a license under this chapter.
(b) A master license
holder is responsible for foundation repair work performed by a journeyman,
estimator, laborer, or other employee of a foundation repair company who is
not required to hold a license under this chapter under the supervision of
the master license holder.
(c) A journeyman license
holder is responsible for foundation repair work performed by a laborer or
other employee of a foundation repair company who is not required to hold a
license under this chapter under the supervision of the journeyman license
holder.
(d) The department may
determine whether a specific act constitutes foundation repair work under
this chapter.
(e) A person who does not
hold an appropriate license under this chapter may not supervise a person
who holds a license under this chapter in performing foundation repair
contracting or foundation repair work.
Sec. 1003.202. PRACTICE;
FOUNDATION REPAIR COMPANY. (a) A foundation repair company must be a sole
proprietorship owned by a master license holder or employ at least one
master license holder full-time who is designated as the company's master
license holder.
(b) Not later than the
30th day after the date a master license holder required by Subsection (a)
leaves the employment of a foundation repair company, the company shall
submit to the department satisfactory evidence of a replacement master
license holder.
(c) A foundation repair
company license holder that does not meet the requirements of Subsection
(a) at the time foundation repair contracting services are performed may
not collect a fee or otherwise enforce a contract for those services.
(d) A master license
holder designated under Subsection (a)
is responsible for the foundation repair company's compliance with this
chapter and rules adopted under this chapter.
(e) A master license
holder may not be designated under Subsection (a) for more than one
foundation repair company at any time.
Sec. 1003.203. PROHIBITED
PRACTICES. (a) A license holder may not perform or offer or attempt to
perform an act, service, or function that is:
(1) defined as the
practice of engineering under Chapter 1001, unless the individual holds a
license under that chapter;
(2) defined as the
practice of architecture under Chapter 1051, unless the individual holds a
license under that chapter;
(3) regulated under
Chapter 113, Natural Resources Code, unless the individual holds a license
or is exempt by rule under that chapter; or
(4) defined as plumbing
under Chapter 1301, unless the individual holds a license under that
chapter.
(b) A license holder may
not:
(1) fail to provide
services for which payment has been made;
(2) fail to honor the
terms of a contract in the absence of a good faith dispute;
(3) knowingly
misrepresent a necessary service, service to be provided, or service that
has been provided;
(4) make a fraudulent
promise to induce an individual to contract for a service; or
(5) perform foundation repair work that requires a permit from a
political subdivision without first obtaining the required permit.
(c) A person licensed under this chapter may not use the services of
or assist a person to perform foundation repair contracting or foundation
repair work if the other person is required to hold a license under this
chapter and does not hold the appropriate license.
SUBCHAPTER F. LOCAL
REGULATION
Sec. 1003.251.
DEFINITIONS. In this subchapter:
(1) "Local political
subdivision" means a county or municipality in which a person seeks to
perform foundation repair work or foundation repair contracting.
(2) "Local
regulation" means an order adopted by a county commissioners court or
an ordinance or other regulation adopted by a municipality.
Sec. 1003.252. APPLICATION
OF LOCAL ORDINANCE. This chapter does not affect a person's obligation to
comply with a local regulation establishing a permit, inspection, or
approval process in connection with foundation repair work.
Sec. 1003.253. LOCAL
STANDARDS. (a) The standard for the practice of foundation repair work or
foundation repair contracting in a local political subdivision is the
standard established by local regulation if the standard is not less
stringent than the standard imposed by this chapter.
(b) A person who holds a
license issued under this chapter is not required to hold a license issued
by a local political subdivision or take an examination required by a local
regulation to engage in foundation repair work or foundation repair
contracting.
Sec. 1003.254. NOTICE TO
LOCAL POLITICAL SUBDIVISION. (a) A person who obtains a foundation repair
company license shall provide notice to a local political subdivision if
required to perform work in the local political subdivision.
(b) The notice must be in
a form required by the local political subdivision.
SUBCHAPTER G. ENFORCEMENT
Sec. 1003.301.
ADMINISTRATIVE PENALTY. The commission or the executive director may
impose an administrative penalty on a person under Subchapter F, Chapter 51,
regardless of whether the person holds a license under this chapter.
Sec. 1003.302.
ADMINISTRATIVE SANCTIONS. The commission may impose administrative
sanctions as provided by Section 51.353.
Sec. 1003.303. CRIMINAL
PENALTY; LICENSING. (a) A person commits an offense if the person:
(1) violates the licensing requirements of this chapter;
(2) employs an individual who does not hold the appropriate license
required by this chapter, other than a laborer; or
(3) submits to the department a false document relating to work
experience, certification, or training in connection with an application
for a license under this chapter.
(b) An offense under this
section is a Class C misdemeanor.
SUBCHAPTER H. INITIAL
LICENSING
Sec. 1003.351.
DEFINITIONS. In this subchapter:
(1) "Manager"
means a person employed by a foundation repair company or similar entity,
regardless of whether that company or entity holds a license under this
chapter, to direct and perform foundation repair work, including foundation
installation and lifting.
(2)
"Salesperson" means a person who engages in the selection of
methods used to repair or maintain a foundation, including estimation of
the cost of labor and materials.
Sec. 1003.352. WAIVER OF
EXAMINATION REQUIREMENT.
(a) The department shall
waive the examination requirement under Section 1003.154(b) for a master
license for an applicant who meets the
requirements of this subchapter.
(b) The department shall
waive the examination requirement under Section 1003.155(b) for a journeyman
license for an applicant who meets the
requirements of this subchapter.
Sec. 1003.353. INITIAL
LICENSING.
(a) The department shall
issue a master license to a qualified applicant who:
(1) submits an
application not later than September 1, 2014; and
(2) has been an owner or
manager of a foundation repair company or
similar entity for at least 60 months, regardless
of whether that company or entity holds a license under this chapter.
(b) The department shall
issue a journeyman license to a qualified applicant who:
(1) submits an
application not later than September 1, 2014; and
(2) has worked for a
foundation repair company or similar entity as a salesperson, estimator, or
manager for at least 24 months, regardless of
whether that company or entity holds a license under this chapter.
Sec. 1003.354. RENEWAL OF
LICENSE.
Sec. 1003.355. EXPIRATION
OF SUBCHAPTER.
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