Relating to the regulation and licensing of reroofing contractors by the Texas Department of Licensing and Regulation; providing administrative and civil penalties; authorizing fees.

The text as introduced · 1,665 words

90R2009 DNC-F

By: Zaffirini
S.B. No. 62

A BILL TO BE ENTITLED

AN ACT

relating to the regulation and licensing of reroofing contractors

by the Texas Department of Licensing and Regulation; providing

administrative and civil penalties; 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. REROOFING CONTRACTORS

SUBCHAPTER A. GENERAL PROVISIONS

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) "Licensed reroofing contractor" means a reroofing

contractor who holds a license issued under this chapter.

(5) "Person" means an individual or business entity.

(6) "Reroofing contractor" means a person who:

(A) engages in repairing, recovering, or

replacing existing roof coverings on residential or commercial

structures; or

(B) solicits, advertises, or contracts to

repair, recover, or replace existing roof coverings on residential

or commercial structures.

(7) "Reroofing project" means a project to repair,

recover, or replace an existing roof covering on a residential or

commercial structure.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 1306.051. GENERAL POWERS AND DUTIES. The department

shall administer and enforce this chapter.

Sec. 1306.052. RULES. The commission by rule shall

prescribe the requirements for the issuance and renewal of a

license under this chapter.

Sec. 1306.053. FEES. The commission shall establish by

rule and collect reasonable and necessary fees in amounts not to

exceed the total amount sufficient to cover the state's costs of

administering this chapter.

SUBCHAPTER C. REROOFING CONTRACTOR ADVISORY BOARD

Sec. 1306.101. DEFINITION. In this subchapter, "advisory

board" means the reroofing contractor advisory board.

Sec. 1306.102. REROOFING CONTRACTOR ADVISORY BOARD. (a)

The reroofing contractor advisory board shall advise the commission

on educational matters, operational matters, and common practices

in the reroofing industry.

(b) Section 2110.003, Government Code, does not apply to the

advisory board.

Sec. 1306.103. ADVISORY BOARD MEMBERSHIP. (a) The

advisory board is composed of seven members as follows:

(1) six members appointed by the presiding officer of

the commission with the commission's approval as follows:

(A) four members who are licensed reroofing

contractors; and

(B) two public members; and

(2) one member who is the administrative head, or the

administrative head's designee, of a state agency or office that is

selected by the commission.

(b) The advisory board members must include two members who

are affiliated with a statewide association of reroofing

contractors.

(c) In appointing advisory board members under Subsection

(a)(1)(A), the presiding officer of the commission shall consider

the geographical diversity of the members.

(d) Appointments to the advisory board shall be made without

regard to the race, color, disability, sex, religion, age, or

national origin of the appointee.

Sec. 1306.104. ELIGIBILITY OF PUBLIC MEMBERS. A person is

not eligible for appointment as a public member of the advisory

board if the person or the person's spouse:

(1) is licensed by an occupational regulatory agency

in the reroofing or construction industry;

(2) is employed by or participates in the management

of an agency or business entity related to the reroofing or

construction industry; or

(3) has, other than as a consumer, a financial

interest in a business entity related to the reroofing or

construction industry.

Sec. 1306.105. TERMS; VACANCIES. (a) Except as provided by

Subsection (b), advisory board members:

(1) serve terms of two years, with the terms expiring

on February 1 of each odd-numbered year; and

(2) may not consecutively serve more than two full

terms.

(b) The advisory board member appointed to the position

described by Section 1306.103(a)(2) is an ex officio member and

shall continue to serve during the time the member holds office.

(c) If a vacancy occurs during a term of a member other than

the member described by Section 1306.103(a)(2), the presiding

officer of the commission shall appoint a replacement who meets the

qualifications of the vacated position to serve for the remainder

of the term.

Sec. 1306.106. PRESIDING OFFICER. (a) The governor shall

designate a member of the advisory board as the presiding officer of

the board to serve in that capacity at the pleasure of the governor.

(b) The presiding officer of the advisory board must be a

licensed reroofing contractor.

SUBCHAPTER D. REROOFING CONTRACTOR LICENSE

Sec. 1306.151. REROOFING CONTRACTOR LICENSE; USE OF TITLE.

A reroofing contractor may not advertise that the company is

licensed by this state or use the title "licensed reroofing

contractor" unless the contractor holds a license issued under this

chapter.

Sec. 1306.152. APPLICATION. (a) An applicant for a

reroofing contractor license must submit an application to the

department on a form prescribed by the executive director.

(b) A person may obtain a license for more than one business

entity by applying separately for each entity as required by this

chapter.

(c) The application must be accompanied by:

(1) if the applicant is a sole proprietorship that

operates under a name other than the sole proprietor's legal name,

proof of an assumed name certificate issued by the secretary of

state reflecting the business name;

(2) if the applicant is a business entity, proof of the

applicant's existence and confirmation of authority to conduct

business in this state under a certificate of status issued by the

secretary of state that is in good standing;

(3) proof of the mailing address and telephone number

of the applicant's residence or business location;

(4) proof that the applicant satisfies the general

liability insurance coverage and surety bond requirements

established by commission rule; and

(5) the application fee established by commission

rule.

(d) The department shall conduct an examination of any

criminal conviction of an applicant, including obtaining any

criminal history record information permitted by law.

Sec. 1306.153. ISSUANCE OF LICENSE; LICENSE NUMBER. (a)

Not later than the 10th day after the date the department receives

the application, the department shall issue a license to an

applicant who complies with the license requirements of this

chapter.

(b) A license initially issued under this chapter must

include a unique license number. Any renewal of the license must

include the number included in the initial issuance of the license.

(c) A license issued under this chapter is not assignable or

transferable.

Sec. 1306.154. LICENSE TERM. A license issued under this

chapter is valid for two years from the date of issuance and may be

renewed before expiration in the manner provided by Section

1306.155.

Sec. 1306.155. RENEWAL OF LICENSE. (a) To renew a license,

a reroofing contractor 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) documentation of any changes in the reroofing

contractor's information submitted to the department under Section

1306.152(c); and

(2) the renewal fee established by commission rule.

Sec. 1306.156. LICENSE DATABASE. The department shall make

available on the department's Internet website a publicly

accessible list of all licensed reroofing contractors who are in

good standing. The list must be searchable by name and location.

The list must contain the following information for each licensed

reroofing contractor:

(1) the name, mailing address, and telephone number of

the reroofing contractor;

(2) a summary of any disciplinary action taken by the

department against the reroofing contractor; and

(3) any other information required by the department.

Sec. 1306.157. LICENSE VERIFICATION. On request of a

county or municipal building official, the department shall verify

the license status of a reroofing contractor. The department shall

establish a verification system to ensure a timely response to a

request for license status verification of a reroofing contractor.

SUBCHAPTER E. PRACTICE BY LICENSE HOLDER

Sec. 1306.201. DISCLOSURE OF LICENSE NUMBER. A licensed

reroofing contractor shall include the contractor's license number

in each:

(1) contract for a reroofing project in the manner

provided by Section 1306.202; and

(2) advertisement for a reroofing service by the

contractor, including on each business card, flyer, or door card

and in each television, radio, social media, or newspaper

advertisement.

Sec. 1306.202. CONTRACT FOR REROOFING PROJECT. (a) Before

engaging in a reroofing project, a licensed reroofing contractor

must provide to the property owner a written contract that is signed

by the reroofing contractor and the property owner.

(b) The written contract must include:

(1) the reroofing contractor's contact information,

including physical address, e-mail address, and telephone number;

(2) the reroofing contractor's policy regarding

cancellation of the contract, which must be consistent with state

law;

(3) the reroofing contractor's license number in at

least 12-point bold type in the following form: "Texas Licensed

Reroofing Contractor Number (license number)"; and

(4) the department's contact information for

complaints directed to the department.

SUBCHAPTER F. ENFORCEMENT

Sec. 1306.251. INVESTIGATION OF COMPLAINTS. (a) The

department shall investigate any complaint alleging a violation of

this chapter or a rule adopted under this chapter.

(b) A complaint must be filed in the manner prescribed by

the department.

Sec. 1306.252. ADMINISTRATIVE PENALTY. The commission or

executive director may impose an administrative penalty on a person

under Subchapter F, Chapter 51, if the person violates:

(1) this chapter or a rule adopted under this chapter;

or

(2) an order of the commission or executive director.

Sec. 1306.253. ADMINISTRATIVE SANCTIONS. The commission

may impose sanctions as provided by Section 51.353.

Sec. 1306.254. CIVIL PENALTY. The attorney general or

executive director may institute an action for a civil penalty

under this chapter as provided by Section 51.352. The amount of a

civil penalty assessed under this section may not exceed $500 for

each violation.

SECTION 2. Not later than April 1, 2028, the Texas

Commission of Licensing and Regulation shall adopt the rules,

procedures, and fees necessary to administer Chapter 1306,

Occupations Code, as added by this Act.

SECTION 3. The Texas Department of Licensing and Regulation

is not required to begin issuing licenses under Chapter 1306,

Occupations Code, as added by this Act, before June 1, 2028.

SECTION 4. This Act takes effect September 1, 2027.