Bill Text: TX HB1853 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the licensing and regulation of certain employees of fire protection sprinkler system contractors; providing a penalty.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-17 - No action taken in committee [HB1853 Detail]
Download: Texas-2011-HB1853-Introduced.html
Bill Title: Relating to the licensing and regulation of certain employees of fire protection sprinkler system contractors; providing a penalty.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-17 - No action taken in committee [HB1853 Detail]
Download: Texas-2011-HB1853-Introduced.html
82R7770 TRH-D | ||
By: Hamilton | H.B. No. 1853 |
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relating to the licensing and regulation of fire protection | ||
sprinkler technicians; providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 6003.001, Insurance Code, is amended by | ||
amending Subdivisions (1) and (6) and adding Subdivisions (1-a), | ||
(2-a), (2-b), and (12) to read as follows: | ||
(1) "Dwelling technician license" means a license | ||
authorizing a fire protection sprinkler technician to install, | ||
service, or maintain a fire protection sprinkler system located in | ||
a one-family or two-family residence. | ||
(1-a) "Fire protection sprinkler system" means an | ||
assembly of underground or overhead piping or conduits that conveys | ||
water with or without other agents to dispersal openings or devices | ||
to: | ||
(A) extinguish, control, or contain fire; and | ||
(B) provide protection from exposure to fire or | ||
the products of combustion. | ||
(2-a) "Fire protection sprinkler technician" means a | ||
person who installs, services, or maintains a fire protection | ||
sprinkler system or any part of the system as an employee of a fire | ||
protection sprinkler system contractor. | ||
(2-b) "General technician license" means a license | ||
authorizing a fire protection sprinkler technician to install, | ||
service, or maintain any fire protection sprinkler system. | ||
(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. | ||
(12) "Underground fire main technician license" means | ||
a license authorizing a fire protection sprinkler technician to | ||
install, service, or maintain an assembly of underground piping or | ||
conduits that convey water, with or without other agents, as part of | ||
a fire protection sprinkler system. | ||
SECTION 2. Subchapter A, Chapter 6003, Insurance Code, is | ||
amended by adding Section 6003.004 to read as follows: | ||
Sec. 6003.004. PERSONAL INFORMATION CONFIDENTIAL. The home | ||
address, home telephone number, driver's license number, and social | ||
security number of a license holder or an applicant for a license | ||
under this chapter are confidential and are not subject to | ||
disclosure under Chapter 552, Government Code. | ||
SECTION 3. Section 6003.052(b), Insurance Code, is amended | ||
to read as follows: | ||
(b) Under rules adopted under Section 6003.051(b), the | ||
department: | ||
(1) may create a specialized licensing or registration | ||
program for fire protection sprinkler system contractors; and | ||
(2) shall create a specialized licensing program for | ||
fire protection sprinkler technicians. | ||
SECTION 4. Sections 6003.055(a) and (b), Insurance Code, | ||
are amended 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 [ |
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(b) Unless the examination for a [ |
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commissioner shall set a nonrefundable fee for each examination in | ||
an amount not to exceed $100. | ||
SECTION 5. Section 6003.156(a), Insurance Code, is amended | ||
to read as follows: | ||
(a) The state fire marshal shall establish the scope and | ||
type of an examination required by this chapter. The state fire | ||
marshal shall develop the examinations required under Section | ||
6003.162 based on the most recent applicable guidelines published | ||
by the National Fire Protection Association. | ||
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 | ||
[ |
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(c) A fire protection sprinkler technician must annually | ||
complete at least eight hours of continuing education in accordance | ||
with commissioner rules. | ||
SECTION 7. Section 6003.159, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 6003.159. RECIPROCAL LICENSE. The department shall | ||
[ |
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license issued by another state if the other state: | ||
(1) [ |
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equivalent to the license requirements of this state; and | ||
(2) has a reciprocal license statute that is | ||
substantially equivalent to this section for individuals licensed | ||
in this state. | ||
SECTION 8. Section 6003.160, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 6003.160. LICENSE NOT TRANSFERABLE; SINGLE EMPLOYER | ||
REQUIRED. (a) A registration certificate or license issued under | ||
this chapter is not transferable. | ||
(b) An individual who holds a license issued to a fire | ||
protection sprinkler technician under this chapter: | ||
(1) may not install, service, or maintain a fire | ||
protection sprinkler system unless the technician is employed by a | ||
fire protection sprinkler system contractor; and | ||
(2) may not be employed by more than one fire | ||
protection sprinkler system contractor at the same time. | ||
SECTION 9. Subchapter D, Chapter 6003, Insurance Code, is | ||
amended by adding Sections 6003.161 and 6003.162 to read as | ||
follows: | ||
Sec. 6003.161. FIRE PROTECTION SPRINKLER TECHNICIAN: | ||
LICENSE OR SUPERVISION REQUIRED. (a) An individual may not act as | ||
a fire protection sprinkler technician unless the individual holds | ||
a license issued by the department under Section 6003.162 or is | ||
directly supervised by an individual who holds a license issued by | ||
the department under Section 6003.162. An individual may install, | ||
service, or maintain only the type of fire protection sprinkler | ||
systems for which the individual's license or the individual's | ||
direct supervisor's license has been issued under Section 6003.162. | ||
(b) An individual may not use the term "licensed fire | ||
protection sprinkler technician" in the person's contracts or | ||
advertising materials unless the individual holds a license issued | ||
under Section 6003.162. | ||
Sec. 6003.162. FIRE PROTECTION SPRINKLER TECHNICIAN | ||
LICENSES. (a) The department shall issue a general technician | ||
license to an applicant: | ||
(1) who has completed 8,000 hours of an apprenticeship | ||
program certified by the United States Department of Labor for the | ||
inspection, service, and maintenance of fire protection sprinkler | ||
systems; | ||
(2) who: | ||
(A) has 8,000 hours of experience installing, | ||
servicing, or maintaining fire protection sprinkler systems; and | ||
(B) passes the department's general technician | ||
license examination; or | ||
(3) who: | ||
(A) has 6,000 hours of experience installing, | ||
servicing, or maintaining fire protection sprinkler systems; and | ||
(B) passes the National Institute for | ||
Certification in Engineering Technologies, Level II or III test for | ||
inspection and testing of water-based systems. | ||
(b) The department shall issue a dwelling technician | ||
license to an applicant who: | ||
(1) has 4,000 hours of experience installing, | ||
servicing, or maintaining fire protection sprinkler systems within | ||
the scope of a dwelling technician license; and | ||
(2) passes the department's dwelling technician | ||
license examination. | ||
(c) The department shall issue an underground fire main | ||
technician license to an applicant who: | ||
(1) has 4,000 hours of experience installing, | ||
servicing, or maintaining fire protection sprinkler systems within | ||
the scope of an underground fire main technician license; and | ||
(2) passes the department's underground fire main | ||
technician license examination. | ||
(d) A license issued under this section must be conditioned | ||
on the successful completion of the applicable license examination | ||
and compliance with the requirements of any applicable rules | ||
adopted under this chapter. | ||
SECTION 10. Section 6003.301(a), Insurance Code, is amended | ||
to read as follows: | ||
(a) A person commits an offense if the person knowingly | ||
violates Section 6003.151(a), 6003.153, 6003.161, or 6003.251. | ||
SECTION 11. (a) As soon as possible after the effective | ||
date of this Act, and not later than January 1, 2012, the | ||
commissioner of insurance and the state fire marshal shall adopt | ||
the rules and establish the procedures 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, 2012. | ||
SECTION 12. Notwithstanding Section 6003.161, Insurance | ||
Code, as added by this Act, the Texas Department of Insurance shall | ||
issue a license to a qualified applicant under this section who: | ||
(1) applies for a license under this section not later | ||
than September 1, 2012; | ||
(2) submits to the department the information required | ||
by department rule; | ||
(3) submits to the department the job description of | ||
the position the applicant most recently performed and a sworn | ||
statement by the applicant's employer attesting to the applicant's | ||
job description; | ||
(4) has at least the number of hours of experience | ||
required by Section 6003.162, Insurance Code, as added by this Act, | ||
for the applicable license for which the applicant is applying; and | ||
(5) pays the application and licensing fee. | ||
SECTION 13. This Act takes effect September 1, 2011. |