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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of certain employees of |
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fire protection sprinkler system contractors; providing a penalty; |
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imposing a fee; requiring occupational licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6003.001, Insurance Code, is amended by |
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amending Subdivisions (1) and (6) and adding Subdivisions (1-a), |
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(2-a), (2-b), and (12) to read as follows: |
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(1) "Dwelling technician license" means a license |
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authorizing a fire protection sprinkler technician to install, |
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service, or maintain a fire protection sprinkler system located in |
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a one-family or two-family residence. |
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(1-a) "Fire protection sprinkler system" means an |
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assembly of underground or overhead piping or conduits that conveys |
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water with or without other agents to dispersal openings or devices |
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to: |
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(A) extinguish, control, or contain fire; and |
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(B) provide protection from exposure to fire or |
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the products of combustion. |
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(2-a) "Fire protection sprinkler technician" means a |
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person who installs, services, or maintains a fire protection |
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sprinkler system or any part of the system as an employee of a fire |
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protection sprinkler system contractor. |
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(2-b) "General technician license" means a license |
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authorizing a fire protection sprinkler technician to install, |
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service, or maintain any fire protection sprinkler system. |
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(6) "License" means the document issued to a |
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responsible managing employee or a fire protection sprinkler |
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technician authorizing the employee or technician to engage in the |
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fire protection sprinkler system business in this state. |
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(12) "Underground fire main technician license" means |
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a license authorizing a fire protection sprinkler technician to |
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install, service, or maintain an assembly of underground piping or |
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conduits that conveys water, with or without other agents, as part |
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of a fire protection sprinkler system. |
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SECTION 2. Section 6003.002(b), Insurance Code, is amended |
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to read as follows: |
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(b) This chapter does not authorize an individual or |
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organization to: |
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(1) practice professional engineering other than in |
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compliance with Chapter 1001, Occupations Code; or |
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(2) design or install or enter into a contract to |
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design or install a multipurpose residential fire protection |
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sprinkler system other than in compliance with Chapter 1301, |
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Occupations Code. |
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SECTION 3. Subchapter A, Chapter 6003, Insurance Code, is |
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amended by adding Section 6003.004 to read as follows: |
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Sec. 6003.004. PERSONAL INFORMATION CONFIDENTIAL. The home |
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address, home telephone number, driver's license number, and social |
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security number of a license holder or an applicant for a license |
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under this chapter are confidential and are not subject to |
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disclosure under Chapter 552, Government Code. |
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SECTION 4. Section 6003.052(b), Insurance Code, is amended |
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to read as follows: |
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(b) Under rules adopted under Section 6003.051(b), the |
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department: |
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(1) may create a specialized licensing or registration |
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program for fire protection sprinkler system contractors; and |
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(2) shall create a specialized licensing program for |
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fire protection sprinkler technicians. |
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SECTION 5. Sections 6003.055(a) and (b), Insurance Code, |
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are amended to read as follows: |
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(a) The commissioner shall set the fee for: |
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(1) a registration certificate application in an |
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amount not to exceed $100; |
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(2) an initial or renewal registration certificate in |
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an amount not to exceed $1,200 annually; and |
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(3) an initial or renewal [responsible managing
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employee] license fee in an amount not to exceed $200 annually. |
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(b) Unless the examination for a [responsible managing
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employee] license is administered by a testing service, the |
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commissioner shall set a nonrefundable fee for each examination in |
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an amount not to exceed $100. |
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SECTION 6. Section 6003.156(a), Insurance Code, is amended |
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to read as follows: |
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(a) The state fire marshal shall establish the scope and |
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type of an examination required by this chapter. The state fire |
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marshal shall develop the examinations required under Section |
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6003.162 based on the most recent applicable guidelines published |
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by the National Fire Protection Association. |
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SECTION 7. Section 6003.158(b), Insurance Code, is amended |
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to read as follows: |
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(b) A person who holds a license issued under Section |
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6003.153 or 6003.162 must annually complete at least eight hours of |
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continuing education in accordance with commissioner rules. |
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[Participation in the continuing education programs is voluntary.] |
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SECTION 8. Section 6003.159, Insurance Code, is amended to |
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read as follows: |
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Sec. 6003.159. RECIPROCAL LICENSE. The department shall |
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[may] waive any license requirement for an applicant who holds a |
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license issued by another state if the other state: |
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(1) [that] has license requirements substantially |
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equivalent to the license requirements of this state; and |
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(2) has a reciprocal license statute that is |
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substantially equivalent to this section for individuals licensed |
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in this state. |
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SECTION 9. Section 6003.160, Insurance Code, is amended to |
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read as follows: |
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Sec. 6003.160. LICENSE NOT TRANSFERABLE; SINGLE EMPLOYER |
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REQUIRED. (a) A registration certificate or license issued under |
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this chapter is not transferable. |
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(b) An individual who holds a license issued under Section |
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6003.153 or 6003.162 may not: |
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(1) install, service, or maintain a fire protection |
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sprinkler system unless the license holder is employed by a fire |
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protection sprinkler system contractor; and |
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(2) be employed by more than one fire protection |
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sprinkler system contractor at the same time. |
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SECTION 10. Subchapter D, Chapter 6003, Insurance Code, is |
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amended by adding Sections 6003.161, 6003.162, and 6003.163 to read |
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as follows: |
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Sec. 6003.161. FIRE PROTECTION SPRINKLER TECHNICIAN: |
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LICENSE OR SUPERVISION REQUIRED. (a) An individual may not act as |
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a fire protection sprinkler technician unless the individual holds |
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a license issued by the department under Section 6003.153 or |
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6003.162 or is directly supervised by an individual who holds a |
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license issued by the department under Section 6003.153 or |
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6003.162. An individual may install, service, or maintain only the |
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type of fire protection sprinkler systems for which the |
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individual's license or the individual's direct supervisor's |
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license has been issued under this chapter. |
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(b) An individual may not use the term "licensed fire |
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protection sprinkler technician" in the person's contracts or |
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advertising materials unless the individual holds a license issued |
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under Section 6003.162. |
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(c) Notwithstanding any other law, a person who holds a |
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license under Section 6003.153 or 6003.162 is not required to hold a |
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license or registration issued by another state agency in order to |
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act as a fire protection sprinkler technician. |
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Sec. 6003.162. FIRE PROTECTION SPRINKLER TECHNICIAN |
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LICENSES. (a) The department shall issue a general technician |
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license to an applicant: |
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(1) who has completed 8,000 hours of an apprenticeship |
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program certified by the United States Department of Labor for the |
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installation, service, and maintenance of fire protection |
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sprinkler systems; |
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(2) who: |
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(A) has 8,000 hours of experience installing, |
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servicing, or maintaining fire protection sprinkler systems; and |
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(B) passes the department's general technician |
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license examination; or |
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(3) who: |
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(A) has 6,000 hours of experience installing, |
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servicing, or maintaining fire protection sprinkler systems; and |
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(B) passes the National Institute for |
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Certification in Engineering Technologies Level II test for |
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inspection and testing of water-based systems. |
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(b) The department shall issue a dwelling technician |
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license to an applicant who: |
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(1) has 4,000 hours of experience installing, |
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servicing, or maintaining fire protection sprinkler systems within |
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the scope of a dwelling technician license; and |
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(2) passes the department's dwelling technician |
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license examination. |
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(c) The department shall issue an underground fire main |
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technician license to an applicant who: |
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(1) has 4,000 hours of experience installing, |
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servicing, or maintaining fire protection sprinkler systems within |
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the scope of an underground fire main technician license; and |
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(2) passes the department's underground fire main |
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technician license examination. |
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(d) A license issued under this section must be conditioned |
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on the successful completion of the applicable license examination |
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and compliance with the requirements of any applicable rules |
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adopted under this chapter. |
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Sec. 6003.163. PRESENCE OF LICENSE HOLDER REQUIRED. Each |
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fire protection sprinkler system contractor shall ensure that at |
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least one person who holds a license issued under Section 6003.153 |
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or 6003.162 is present at a location where a fire protection |
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sprinkler system is being installed, maintained, repaired, or |
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tested by an employee of the fire protection sprinkler system |
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contractor. |
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SECTION 11. Section 6003.301(a), Insurance Code, is amended |
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to read as follows: |
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(a) A person commits an offense if the person knowingly |
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violates Section 6003.151(a), 6003.153, 6003.161, or 6003.251. |
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SECTION 12. (a) As soon as possible after the effective |
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date of this Act, and not later than September 1, 2018, the |
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commissioner of insurance and the state fire marshal shall adopt |
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the rules and establish the procedures and examination requirements |
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necessary to implement the licensing of fire protection sprinkler |
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technicians under Chapter 6003, Insurance Code, as amended by this |
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Act. |
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(b) A fire protection sprinkler technician is not required |
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to hold a license under Section 6003.161, Insurance Code, as added |
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by this Act, before September 1, 2019. |
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SECTION 13. Notwithstanding Sections 6003.161 and |
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6003.162, Insurance Code, as added by this Act, the Texas |
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Department of Insurance shall issue a license to a qualified |
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applicant under this section who: |
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(1) applies for a license under Chapter 6003, |
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Insurance Code, as amended by this Act, not later than September 1, |
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2019; |
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(2) submits to the department the information required |
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by department rule; |
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(3) submits to the department the job description of |
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the position the applicant most recently performed and a sworn |
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statement by the applicant's employer attesting to the applicant's |
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job description; |
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(4) has at least the number of hours of experience |
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required by Section 6003.162, Insurance Code, as added by this Act, |
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for the applicable license for which the applicant is applying; and |
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(5) pays the application and licensing fee. |
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SECTION 14. This Act takes effect September 1, 2017. |