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A BILL TO BE ENTITLED
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AN ACT
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relating to the voluntary certification of roofing companies by the |
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Texas Department of Licensing and Regulation; authorizing fees. |
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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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Chapter 1306 to read as follows: |
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CHAPTER 1306. ROOFING COMPANIES |
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Sec. 1306.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(3) "Executive director" means the executive director |
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of the department. |
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(4) "Roofing company" means a business entity that |
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engages in installing, repairing, replacing, or modifying a roof on |
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a residence or other building for the public. |
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Sec. 1306.002. VOLUNTARY CERTIFICATION PROGRAM FOR ROOFING |
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COMPANIES; EXEMPTION. (a) The commission by rule shall develop a |
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voluntary certification program for roofing companies under this |
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chapter. |
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(b) A roofing company that holds a certificate issued under |
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this chapter may advertise that the company is certified by the |
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state. |
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(c) A person who performs roofing services for the new |
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construction or remodeling of a commercial or residential structure |
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is exempt from this chapter. |
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Sec. 1306.003. FEES. The commission may establish |
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reasonable and necessary fees in amounts sufficient for the |
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administration of this chapter. |
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Sec. 1306.004. CERTIFICATE; EXPIRATION. (a) The executive |
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director may issue a certificate to a roofing company that meets the |
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requirements of Section 1306.005. |
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(b) A certificate issued under this chapter expires on the |
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first anniversary of the date the certificate is issued. |
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Sec. 1306.005. APPLICATION. (a) An applicant for a roofing |
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company certificate must submit an application to the department on |
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a form prescribed by the executive director. |
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(b) The application must be accompanied by: |
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(1) proof of the roofing company's existence and |
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authority to conduct business in this state under a certificate of |
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status issued by the secretary of state; |
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(2) proof of general liability insurance coverage as |
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required by the commission; and |
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(3) the application fee. |
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Sec. 1306.006. RENEWAL OF CERTIFICATE. (a) To renew a |
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certificate, a person must submit an application for renewal to the |
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department on a form prescribed by the executive director. |
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(b) The application must be accompanied by: |
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(1) proof that the applicant's right to transact |
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business in this state is intact under a certificate of status |
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issued by the secretary of state; |
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(2) proof that the applicant's required insurance |
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coverage is current; and |
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(3) the renewal fee. |
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Sec. 1306.007. REVOCATION OF CERTIFICATE. (a) The |
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department shall revoke the certificate issued by the department |
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under this chapter if the department determines that: |
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(1) the certificate holder's right to transact |
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business in this state under a certificate of status issued by the |
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secretary of state has terminated; or |
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(2) the certificate holder has failed to maintain |
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insurance required under this chapter. |
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(b) Section 51.354 applies to the revocation of a |
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certificate under this chapter. |
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Sec. 1306.008. DECEPTIVE TRADE PRACTICE. A roofing company |
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that advertises that the company is certified by the state commits a |
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false, misleading, or deceptive act or practice within the meaning |
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of Section 17.46, Business & Commerce Code, if: |
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(1) the roofing company does not hold a current |
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certificate issued under this chapter; or |
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(2) the roofing company's certificate issued under |
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this chapter was revoked. |
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SECTION 2. The Texas Commission of Licensing and Regulation |
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shall adopt rules necessary to implement Chapter 1306, Occupations |
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Code, as added by this Act, on or before January 1, 2018. |
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SECTION 3. The Texas Department of Licensing and Regulation |
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may issue a certificate under Chapter 1306, Occupations Code, as |
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added by this Act, on or after March 1, 2018. |
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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, 2017. |
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(b) Section 1306.008, Occupations Code, as added by this |
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Act, takes effect March 1, 2018. |