Bill Text: TX HB3293 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the voluntary certification of roofing companies by the Texas Department of Licensing and Regulation; authorizing fees.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2017-05-01 - Left pending in committee [HB3293 Detail]
Download: Texas-2017-HB3293-Introduced.html
85R13263 TSR-D | ||
By: Capriglione | H.B. No. 3293 |
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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; EXEMPTION. (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. | ||
(c) A person who performs roofing services for the new | ||
construction or remodeling of a commercial or residential structure | ||
is exempt from this chapter. | ||
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) proof of the roofing company's existence and | ||
authority to conduct business in this state under a certificate of | ||
status issued by the secretary of state; | ||
(2) proof of general liability 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: | ||
(1) the certificate holder's right to transact | ||
business in this state under a certificate of status issued by the | ||
secretary of state has terminated; or | ||
(2) the certificate holder has failed to maintain | ||
insurance required under this chapter. | ||
(b) Section 51.354 applies to the revocation of a | ||
certificate under this chapter. | ||
Sec. 1306.008. DECEPTIVE TRADE PRACTICE. A roofing company | ||
that advertises that the company is certified by the state commits a | ||
false, misleading, or deceptive act or practice within the meaning | ||
of Section 17.46, Business & Commerce Code, if: | ||
(1) the roofing company does not hold a current | ||
certificate issued under this chapter; or | ||
(2) the roofing company's certificate issued under | ||
this chapter was revoked. | ||
SECTION 2. The Texas Commission of Licensing and Regulation | ||
shall adopt rules necessary to implement Chapter 1306, Occupations | ||
Code, as added by this Act, on or before January 1, 2018. | ||
SECTION 3. The Texas Department of Licensing and Regulation | ||
may issue a certificate under Chapter 1306, Occupations Code, as | ||
added by this Act, on or after March 1, 2018. | ||
SECTION 4. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2017. | ||
(b) Section 1306.008, Occupations Code, as added by this | ||
Act, takes effect March 1, 2018. |