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  84R6760 NC-D
 
  By: Capriglione H.B. No. 2734
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the voluntary certification of roofing companies by the
  Texas Department of Licensing and Regulation; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 8, Occupations Code, is amended by adding
  Chapter 1306 to read as follows:
  CHAPTER 1306.  ROOFING COMPANIES
         Sec. 1306.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (2)  "Department" means the Texas Department of
  Licensing and Regulation.
               (3)  "Executive director" means the executive director
  of the department.
               (4)  "Roofing company" means a business entity that
  engages in installing, repairing, replacing, or modifying a roof on
  a residence or other building for the public.
         Sec. 1306.002.  VOLUNTARY CERTIFICATION PROGRAM FOR ROOFING
  COMPANIES. (a)  The commission by rule shall develop a voluntary
  certification program for roofing companies under this chapter.
         (b)  A roofing company that holds a certificate issued under
  this chapter may advertise that the company is certified by the
  state.
         Sec. 1306.003.  FEES. The commission may establish
  reasonable and necessary fees in amounts sufficient for the
  administration of this chapter.
         Sec. 1306.004.  CERTIFICATE; EXPIRATION.  (a)  The executive
  director may issue a certificate to a roofing company that meets the
  requirements of Section 1306.005.
         (b)  A certificate issued under this chapter expires on the
  first anniversary of the date the certificate is issued.
         Sec. 1306.005.  APPLICATION. (a)  An applicant for a roofing
  company certificate must submit an application to the department on
  a form prescribed by the executive director.
         (b)  The application must be accompanied by:
               (1)  a copy of the applicant's certificate of status
  issued by the secretary of state confirming the roofing company's
  existence and authority to conduct business in this state;
               (2)  proof of insurance coverage as required by the
  commission; and
               (3)  the application fee.
         Sec. 1306.006.  RENEWAL OF CERTIFICATE. (a) To renew a
  certificate, a person must submit an application for renewal to the
  department on a form prescribed by the executive director.
         (b)  The application must be accompanied by:
               (1)  proof that the applicant's right to transact
  business in this state is intact under a certificate of status
  issued by the secretary of state;
               (2)  proof that the applicant's required insurance
  coverage is current; and
               (3)  the renewal fee.
         Sec. 1306.007.  REVOCATION OF CERTIFICATE. (a) The
  department shall revoke the certificate issued by the department
  under this chapter if the department determines that the
  certificate holder's:
               (1)  right to transact business in this state under a
  certificate of status issued by the secretary of state has
  terminated; or
               (2)  insurance required under this chapter has
  terminated.
         (b)  The department shall send written notice of the
  revocation to the certificate holder.  The notice must state the
  grounds for the revocation.
         Sec. 1306.008.  DECEPTIVE TRADE PRACTICE. A roofing company
  that advertises that the company is certified by the state after
  receiving a notice of revocation of the certificate under Section
  1306.007 commits a false, misleading, or deceptive act or practice
  within the meaning of Section 17.46, Business & Commerce Code.
         SECTION 2.  This Act takes effect September 1, 2015.