Bill Text: TX HB3293 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 3293 (Prior Session Legislation)

Introduced

Bill Title: Relating to the voluntary certification of roofing companies by the Texas Department of Licensing and Regulation; authorizing fees.

Sponsorship: Partisan Bill (Republican 4)

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



	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; 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.