Bill Text: TX HB4226 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Trades Board of the State of Texas; the licensure and regulation of plumbers, electricians, and air conditioning and refrigeration contractors; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-16 - No action taken in committee [HB4226 Detail]
Download: Texas-2019-HB4226-Introduced.html
By: Nevárez | H.B. No. 4226 |
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relating to the creation of the Trades Board of the State of Texas; | ||
the licensure and regulation of plumbers, electricians, and air | ||
conditioning and refrigeration contractors; authorizing a fee. | ||
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. REGULATION AND LICENSING OF PLUMBERS, ELECTRICIANS, | ||
AND AIR CONDITIONING AND REFRIGERATION CONTRACTORS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1306.001. SHORT TITLE. This chapter may be cited as | ||
the Texas Trades Board Law. | ||
Sec. 1306.002. DEFINITIONS. In this chapter: | ||
(1) "Board" means the Trades Board for the State of | ||
Texas. | ||
(2) "Executive director" means the executive director | ||
of the Trades Board for the State of Texas. | ||
Sec. 1306.003. APPLICATION OF SUNSET ACT. The Trades Board | ||
for the State of Texas is subject to Chapter 325, Government Code | ||
(Texas Sunset Act). Unless continued in existence as provided by | ||
that chapter, the board is abolished and this chapter expires | ||
September 1, 2031. | ||
Sec. 1306.004. NONAPPLICABILITY OF LAW GOVERNING | ||
CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided | ||
by this section, Chapter 601, Business & Commerce Code, does not | ||
apply to a good or service provided by a license holder under this | ||
chapter if the transaction involving the good or service is | ||
initiated by the consumer. Chapter 601, Business & Commerce Code, | ||
does apply to a transaction that involves a breach of express | ||
warranty or a negligent installation in violation of a building | ||
code applicable to the good or service sold to the consumer. | ||
SUBCHAPTER B. TRADES BOARD OF THE STATE OF TEXAS | ||
Sec. 1306.10. TRADES BOARD OF THE STATE OF TEXAS. (a) The | ||
Trades Board of the State Of Texas consists of nine members | ||
appointed by the governor with the advice and consent of the senate | ||
as follows: | ||
(1) one member who has at least 10 years' practical | ||
experience and is licensed as a master plumber; | ||
(2) one member who has at least five years' practical | ||
experience and is licensed as a journeyman plumber; | ||
(3) one member who has at least five years' practical | ||
experience and is licensed as a plumbing inspector; | ||
(4) one master electrician member; | ||
(5) one journeyman electrician; | ||
(6) one master sign electrician member; | ||
(7) one must be a full-time licensed air conditioning | ||
and refrigeration contractor who holds a Class A license and | ||
practices in a municipality with a population of more than 250,000; | ||
(8) one member must be a full-time licensed air | ||
conditioning and refrigeration contractor who holds a Class B | ||
license and practices in a municipality with a population of more | ||
than 250,000; and | ||
(9) one member who holds a license of any | ||
classification under this chapter, is principally engaged in air | ||
conditioning and refrigeration contracting, and practices in a | ||
municipality with a population of not more than 25,000. | ||
(b) Each member of the board must be a United States | ||
citizen. | ||
(c) Appointments to the board shall be made without regard | ||
to the race, color, disability, sex, religion, age, or national | ||
origin of the appointee. | ||
Sec. 1306.11. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) | ||
In this section, "Texas trade association" means a cooperative and | ||
voluntarily joined statewide association of business or | ||
professional competitors in this state designed to assist its | ||
members and its industry or profession in dealing with mutual | ||
business or professional problems and in promoting their common | ||
interest. | ||
(b) A person may not be a member of the board and may not be a | ||
board employee employed in a "bona fide executive, administrative, | ||
or professional capacity," as that phrase is used for purposes of | ||
establishing an exemption to the overtime provisions of the federal | ||
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), | ||
and its subsequent amendments, if: | ||
(1) the person is an officer, employee, or paid | ||
consultant of a Texas trade association in the field of building | ||
construction; or | ||
(2) the person's spouse is an officer, manager, or paid | ||
consultant of a Texas trade association in the field of building | ||
construction. | ||
(c) A person may not be a member of the board or act as the | ||
general counsel to the board or the agency if the person is required | ||
to register as a lobbyist under Chapter 305, Government Code, | ||
because of the person's activities for compensation on behalf of a | ||
profession related to the operation of the agency. | ||
Sec. 1306.12. ISSUANCE OF COMMISSION. On presentation of | ||
the constitutional oath of office and a certificate of appointment, | ||
the secretary of state shall issue a commission to a board member as | ||
evidence of the person's authority to act as a board member. | ||
Sec. 1306.13. GROUNDS FOR REMOVAL. (a) It is a ground for | ||
removal from the board that a member: | ||
(1) does not have at the time of taking office the | ||
qualifications required by this chapter; | ||
(2) does not maintain during service on the board the | ||
qualifications required by this chapter; | ||
(3) is ineligible for membership under Section | ||
1306.12; | ||
(4) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term; or | ||
(5) is absent from more than half of the regularly | ||
scheduled board meetings that the member is eligible to attend | ||
during a calendar year without an excuse approved by a majority vote | ||
of the board. | ||
(b) The validity of an action of the board is not affected by | ||
the fact that it is taken when a ground for removal of a board member | ||
exists. | ||
(c) If the executive director has knowledge that a potential | ||
ground for removal exists, the executive director shall notify the | ||
presiding officer of the board of the potential ground. The | ||
presiding officer shall then notify the governor and the attorney | ||
general that a potential ground for removal exists. If the | ||
potential ground for removal involves the presiding officer, the | ||
executive director shall notify the next highest ranking officer of | ||
the board, who shall then notify the governor and the attorney | ||
general that a potential ground for removal exists. | ||
Sec. 1306.14. OFFICERS. (a) The governor shall designate a | ||
member of the board as the presiding officer of the board to serve | ||
in that capacity at the pleasure of the governor. | ||
(b) The board shall elect a secretary from its membership. | ||
Sec. 1306.15. PER DIEM; REIMBURSEMENT. (a) A board member | ||
may not receive a fixed salary for service on the board. | ||
(b) A board member is entitled to receive a per diem as set | ||
by the General Appropriations Act for each day the member engages in | ||
the business of the board. | ||
(c) A board member may not receive reimbursement for travel | ||
expenses, including expenses for meals and lodging, other than | ||
transportation expenses. A member is entitled to reimbursement for | ||
transportation expenses as provided by the General Appropriations | ||
Act. | ||
Sec. 1306.16. TRAINING. (a) A person who is appointed to | ||
and qualifies for office as a member of the board may not vote, | ||
deliberate, or be counted as a member in attendance at a meeting of | ||
the board until the person completes a training program that | ||
complies with this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) this chapter; | ||
(2) the programs operated by the agency; | ||
(3) the role and functions of the agency; | ||
(4) the rules of the agency, with an emphasis on the | ||
rules that relate to disciplinary and investigatory authority; | ||
(5) the current budget for the agency; | ||
(6) the results of the most recent formal audit of the | ||
agency; | ||
(7) the requirements of: | ||
(A) the open meetings law, Chapter 551, | ||
Government Code; | ||
(B) the public information law, Chapter 552, | ||
Government Code; | ||
(C) the administrative procedure law, Chapter | ||
2001, Government Code; and | ||
(D) other laws relating to public officials, | ||
including conflict-of-interest laws; and | ||
(8) any applicable ethics policies adopted by the | ||
agency or the Texas Ethics Commission. | ||
(c) A person appointed to the board is entitled to | ||
reimbursement, as provided by the General Appropriations Act, for | ||
the travel expenses incurred in attending the training program | ||
regardless of whether the attendance at the program occurs before | ||
or after the person qualifies for office. | ||
SUBCHAPTER C. BOARD POWERS AND DUTIES | ||
Sec. 1306.20. GENERAL DUTIES OF BOARD. The board shall: | ||
(1) administer this chapter and chapters 1301, 1302, | ||
and 1305 of this code; | ||
(2) adopt and enforce rules necessary to administer | ||
this chapter and chapters 1301, 1302, and 1305 of this code; and | ||
(3) keep a record of each proceeding conducted before | ||
and action taken by the board. | ||
Sec. 1306.21. RULES RESTRICTING ADVERTISING OR COMPETITIVE | ||
BIDDING. (a) The board may not adopt a rule restricting advertising | ||
or competitive bidding by a person licensed under this chapter | ||
except to prohibit false, misleading, or deceptive practices by the | ||
person. | ||
(b) The board may not include in its rules to prohibit | ||
false, misleading, or deceptive practices a rule that: | ||
(1) restricts the person's use of any medium for | ||
advertising; | ||
(2) restricts the person's personal appearance or use | ||
of the person's voice in an advertisement; | ||
(3) relates to the size or duration of an | ||
advertisement by the person; or | ||
(4) restricts the person's advertisement under a trade | ||
name. | ||
Sec. 1306.22. FEES. The board shall set fees in amounts | ||
that are reasonable and necessary to cover the cost of | ||
administering this chapter or chapters 1301, 1302, and 1305 of this | ||
code. | ||
Sec. 1306.23. ADOPTION OF PLUMBING CODES. (a) The board | ||
shall adopt the following plumbing codes, as those codes existed on | ||
May 31, 2001: | ||
(1) the Uniform Plumbing Code, as published by the | ||
International Association of Plumbing and Mechanical Officials; | ||
and | ||
(2) the International Plumbing Code, as published by | ||
the International Code Council. | ||
(b) The board by rule may adopt later editions of the | ||
plumbing codes listed in Subsection (a). | ||
(c) Plumbing installed in an area not otherwise subject to | ||
regulation under this chapter by a person licensed under this | ||
chapter must be installed in accordance with a plumbing code | ||
adopted by the board under Subsection (a) or (b). | ||
(d) In adopting a code for the design, installation, and | ||
maintenance of a plumbing system under this section, a municipality | ||
or an owner of a public water system may amend any provisions of the | ||
code to conform to local concerns that do not substantially vary | ||
from board rules or other rules of this state. | ||
(e) Plumbing installed in compliance with a code adopted | ||
under Subsection (a), (b), or (d) must be inspected by a plumbing | ||
inspector. To perform the inspection, the political subdivision | ||
may contract with any plumbing inspector or qualified plumbing | ||
inspection business, as determined by the political subdivision, | ||
that is paid directly by the political subdivision. | ||
Sec. 1306.24. GENERAL POWERS AND DUTIES PERTAINING TO | ||
ELECTRICIANS. (a) The executive director or the board, as | ||
appropriate, shall: | ||
(1) by rule establish the financial responsibility | ||
requirements for electrical contractors; and | ||
(2) after publication of the National Electrical Code | ||
by the National Fire Protection Association every three years, | ||
adopt the revised National Electrical Code as the electrical code | ||
for the state. | ||
(b) The executive director or the board, as appropriate, | ||
may: | ||
(1) establish reciprocity agreements with other | ||
states that have licensing requirements substantially equivalent | ||
to the requirements of this chapter or chapter 1305 of this code; | ||
and | ||
(2) take other action as necessary to administer and | ||
enforce this chapter and chapter 1305 of this code. | ||
Sec. 1306.25. RULES. (a) The board shall adopt rules for | ||
the licensing of electricians, sign electricians, electrical sign | ||
contractors, electrical contractors, journeyman industrial | ||
electricians, journeyman linemen, residential appliance | ||
installers, and residential appliance installation contractors as | ||
prescribed by this chapter. | ||
(b) The executive director by rule shall prescribe | ||
descriptions of the types of activities that may be performed by | ||
each class of license holder under this chapter. | ||
(c) The executive director by rule shall adopt standards of | ||
conduct requirements for license holders under this chapter. | ||
(d) The board may adopt rules regarding the registration of | ||
apprenticeship training programs and to require registered | ||
programs to report the names of persons enrolled in the programs. | ||
Sec. 1306.26. PERSONNEL. The department may employ | ||
personnel necessary to administer and enforce this chapter and | ||
chapters 1301, 1302, 1305 of this code. | ||
Sec. 1306.26. SUBPOENA. (a) The board may request and, if | ||
necessary, compel by subpoena: | ||
(1) the attendance of a witness for examination under | ||
oath; and | ||
(2) the production for inspection and copying of | ||
records, documents, and other evidence relevant to the | ||
investigation of an alleged violation of this chapter. | ||
(b) The board, acting through the attorney general, may | ||
bring an action to enforce a subpoena issued under Subsection (a) | ||
against a person who fails to comply with the subpoena. | ||
(c) Venue for an action brought under Subsection (b) is in a | ||
district court in: | ||
(1) Travis County; or | ||
(2) any county in which the board may hold a hearing. | ||
(d) The court shall order compliance with the subpoena if | ||
the court finds that good cause exists to issue the subpoena. | ||
Sec. 1306.27. ADVISORY COMMITTEES. The board may appoint | ||
advisory committees as it considers necessary. An advisory | ||
committee shall serve without compensation or reimbursement and is | ||
subject to Section 2110.008, Government Code. | ||
Sec. 1306.28. BOARD COMMITTEES. (a) The board may create | ||
committees to assist the board in exercising its powers and duties. | ||
(b) The presiding officer of the board shall appoint the | ||
members of the committees. Except as provided by Subsection (c), | ||
each committee member must be a member of the board. | ||
(c) The presiding officer may appoint only members of the | ||
agency staff to an enforcement committee that reviews complaints | ||
and license registration and reviews endorsement applications | ||
submitted by applicants who have a criminal conviction history | ||
affected by Chapter 53. | ||
Sec. 1306.29. MEMORANDUM OF UNDERSTANDING. (a) The board | ||
and the Texas Department of Licensing and Regulation shall enter | ||
into a memorandum of understanding to improve services and | ||
coordinate the functions of each agency. | ||
(b) The memorandum of understanding must: | ||
(1) require each agency to share: | ||
(A) information technology to support the | ||
regulation and enforcement of occupational licenses; and | ||
(B) information on regulatory practices for | ||
licensed occupations, including policy issues that affect the | ||
regulation of licensed occupations, standardization of complaint | ||
and enforcement techniques, and model licensing techniques; | ||
(2) authorize enforcement officers from each agency to | ||
check licenses, registrations, or endorsements held by persons | ||
practicing occupations regulated by the other agency and report | ||
noncompliance to that agency; and | ||
(3) state the circumstances when a joint investigation | ||
between the board and the Texas Department of Licensing and | ||
Regulation is appropriate. | ||
Sec. 1306.291. POLICY ON TECHNOLOGICAL SOLUTIONS. The | ||
board shall develop and implement a policy requiring the executive | ||
director and agency employees to research and propose appropriate | ||
technological solutions to improve the agency's ability to perform | ||
its functions. The technological solutions must: | ||
(1) ensure that the public is able to easily find | ||
information about the agency on the Internet; | ||
(2) ensure that persons who want to use the agency's | ||
services are able to: | ||
(A) interact with the agency through the | ||
Internet; and | ||
(B) access any service that can be provided | ||
effectively through the Internet; and | ||
(3) be cost-effective and developed through the | ||
agency's planning processes. | ||
Sec. 1306.292. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION. (a) The board shall develop and implement a | ||
policy to encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008, Government Code, for the adoption of agency rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009, Government Code, to assist in the | ||
resolution of internal and external disputes under the agency's | ||
jurisdiction. | ||
(b) The agency's procedures relating to alternative dispute | ||
resolution must conform, to the extent possible, to any model | ||
guidelines issued by the State Office of Administrative Hearings | ||
for the use of alternative dispute resolution by state agencies. | ||
(c) The board shall designate a trained person to: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) serve as a resource for any training needed to | ||
implement the procedures for negotiated rulemaking or alternative | ||
dispute resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures, as implemented by the agency. | ||
SUBCHAPTER D. CONSUMER INTEREST INFORMATION AND COMPLAINT | ||
PROCEDURES | ||
Sec. 1306.301. CONSUMER INTEREST INFORMATION. (a) The | ||
board shall prepare information of consumer interest describing the | ||
regulatory functions of the board and the procedures by which | ||
consumer complaints are filed with and resolved by the board. | ||
(b) The board shall make the information available to the | ||
public and appropriate state agencies. | ||
Sec. 1306.3015. PUBLIC PARTICIPATION. The board shall | ||
develop and implement policies that provide the public with a | ||
reasonable opportunity to appear before the board and to speak on | ||
any issue under the jurisdiction of the agency. | ||
Sec. 1306.303. COMPLAINTS. (a) The board may investigate | ||
an alleged violation of this chapter of chapters 1301, 1302, or 1305 | ||
of this code by a person who: | ||
(1) is licensed under this chapter or chapters 1301, | ||
1302, or 1305 of this code; | ||
(2) is the owner of a company or contractor subject to | ||
this chapter or chapters 1301, 1302, or 1305 of this code; or | ||
(3) performs plumbing, acts a electrician, or an air | ||
conditioning and refrigeration contractor without holding a | ||
license under this chapter or chapters 1301, 1302, or 1305. | ||
(b) The board shall maintain a file on each written | ||
complaint filed with the board. The file must include: | ||
(1) the name of the person who filed the complaint; | ||
(2) the date the complaint is received by the agency; | ||
(3) the subject matter of the complaint; | ||
(4) the name of any municipality and the county in | ||
which the conduct that is the subject of the complaint occurred; | ||
(5) the name of each person contacted in relation to | ||
the complaint; | ||
(6) a summary of the results of the review or | ||
investigation of the complaint; and | ||
(7) an explanation of the reason the file was closed, | ||
if the agency closed the file without taking action other than to | ||
investigate the complaint. | ||
(c) The agency shall provide to the person filing the | ||
complaint and to each person who is a subject of the complaint a | ||
copy of the agency's policies and procedures relating to complaint | ||
investigation and resolution. | ||
(d) The board, at least quarterly and until final | ||
disposition of the complaint, shall notify the person filing the | ||
complaint and each person who is a subject of the complaint of the | ||
status of the investigation unless the notice would jeopardize an | ||
undercover investigation. | ||
(e) The board by rule shall assign priorities and prescribe | ||
investigative procedures for investigations of complaints based | ||
on: | ||
(1) the severity of the conduct alleged in the | ||
complaint; and | ||
(2) the degree of harm to public health, safety, or | ||
property. | ||
(f) The board shall maintain information about complaints, | ||
including source, type, and geographical area, to identify and | ||
address regulatory problem areas and focus enforcement in those | ||
areas. | ||
Sec. 1306.304. INVESTIGATION OF COMPLAINTS. (a) The | ||
enforcement committee or an employee designated by the enforcement | ||
committee may investigate an alleged violation of this chapter, | ||
chapter 1301, 1302, or 1305 of this code or a board rule that is | ||
reported to the board. | ||
(b) The enforcement committee shall determine whether a | ||
person has committed the violation and shall recommend appropriate | ||
sanctions to the board or, if the enforcement committee determines | ||
that the complaint is without merit, dismissal of the complaint. | ||
(c) The board shall conduct joint investigations with the | ||
Texas Department of Licensing and Regulation as circumstances | ||
require. | ||
(d) Unless a threat to health or safety exists, the board | ||
may choose to not investigate a complaint in which the person filing | ||
the complaint and the person who is the subject of the complaint are | ||
engaged in litigation related to the subject matter of the | ||
complaint until the outcome of the litigation is finally determined | ||
if the board determines the complaint process is being abused. | ||
SUBCHAPTER E. ADMINISTRATIVE PENALTY | ||
Sec. 1306.401. IMPOSITION OF PENALTY. The board may impose | ||
an administrative penalty on a person who violates this chapter, | ||
chapter 1301, 1302, or 1305 of this code or a rule or order adopted | ||
under this chapter. | ||
Sec. 1306.402. AMOUNT OF PENALTY. (a) The amount of an | ||
administrative penalty may not exceed $5,000 for each violation. | ||
Each day a violation continues or occurs is a separate violation for | ||
purposes of imposing a penalty. | ||
(b) The amount of the penalty shall be based on: | ||
(1) the seriousness of the violation, including: | ||
(A) the nature, circumstance, extent, and | ||
gravity of any prohibited act; and | ||
(B) the hazard or potential hazard created to the | ||
health, safety, or economic welfare of the public; | ||
(2) the economic harm to property or the environment | ||
caused by the violation; | ||
(3) the history of previous violations; | ||
(4) the amount necessary to deter a future violation; | ||
(5) efforts made to correct the violation; and | ||
(6) any other matter that justice may require. | ||
(c) The board by rule or through procedures adopted by the | ||
board and published in the Texas Register shall develop a | ||
standardized penalty schedule based on the criteria listed in | ||
Subsection (b). | ||
Sec. 1306.403. REPORT AND NOTICE OF VIOLATION AND PENALTY. | ||
(a) If the enforcement committee determines that a violation | ||
occurred, the enforcement committee may issue to the board a report | ||
stating: | ||
(1) the facts on which the determination is based; and | ||
(2) the committee's recommendation on the imposition | ||
of the penalty, including a recommendation on the amount of the | ||
penalty. | ||
(b) Not later than the 14th day after the date the report is | ||
issued, the enforcement committee shall give written notice of the | ||
report to the person. | ||
(c) The notice must: | ||
(1) include a brief summary of the alleged violation; | ||
(2) state the amount of the recommended penalty; and | ||
(3) inform the person of the person's right to a | ||
hearing on the occurrence of the violation, the amount of the | ||
penalty, or both. | ||
Sec. 1306.404. PENALTY TO BE PAID OR HEARING REQUESTED. (a) | ||
Not later than the 20th day after the date the person receives the | ||
notice, the person in writing may: | ||
(1) accept the determination and recommended penalty | ||
of the enforcement committee; or | ||
(2) make a request for a hearing on the occurrence of | ||
the violation, the amount of the penalty, or both. | ||
(b) If the person accepts the determination and recommended | ||
penalty of the enforcement committee, the board by order shall | ||
approve the determination and impose the recommended penalty. | ||
(c) Failure to request a hearing or accept the determination | ||
and recommended penalty within the time provided by this section | ||
waives the right to a hearing under this chapter. | ||
(d) If the board determines without a hearing that the | ||
person committed a violation and a penalty is to be imposed, the | ||
board shall: | ||
(1) provide written notice to the person of the board's | ||
findings; and | ||
(2) enter an order requiring the person to pay the | ||
recommended penalty. | ||
Sec. 1306.405. HEARING. (a) If the person requests a | ||
hearing, the enforcement committee shall set a hearing and give | ||
written notice of the hearing to the person. An administrative law | ||
judge of the State Office of Administrative Hearings shall hold the | ||
hearing. | ||
(b) The administrative law judge shall make findings of fact | ||
and conclusions of law and promptly issue to the board a proposal | ||
for a decision about the occurrence of the violation and the amount | ||
of a proposed penalty. | ||
Sec. 1306.406. DECISION BY BOARD. (a) Based on the | ||
findings of fact, conclusions of law, and proposal for a decision, | ||
the board by order may: | ||
(1) find that a violation occurred and impose a | ||
penalty; or | ||
(2) find that a violation did not occur. | ||
(b) The notice of the board's order given to the person must | ||
include a statement of the right of the person to judicial review of | ||
the order. | ||
Sec. 1306.407. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. | ||
(a) Not later than the 30th day after the date the board's order | ||
becomes final, the person shall: | ||
(1) pay the penalty; or | ||
(2) file a petition for judicial review contesting the | ||
occurrence of the violation, the amount of the penalty, or both. | ||
(b) Failure by the person to pay the penalty is grounds for | ||
the board to refuse to renew the person's license or registration | ||
and to refuse to issue a new license or registration to the person. | ||
Sec. 1306.408. STAY OF ENFORCEMENT OF PENALTY. (a) Within | ||
the 30-day period prescribed by Section 1306.707, a person who | ||
files a petition for judicial review may: | ||
(1) stay enforcement of the penalty by: | ||
(A) paying the penalty to the court for placement | ||
in an escrow account; or | ||
(B) giving the court a supersedeas bond approved | ||
by the court that: | ||
(i) is for the amount of the penalty; and | ||
(ii) is effective until all judicial review | ||
of the board's order is final; or | ||
(2) request the court to stay enforcement of the | ||
penalty by: | ||
(A) filing with the court a sworn affidavit of | ||
the person stating that the person is financially unable to pay the | ||
penalty and is financially unable to give the supersedeas bond; and | ||
(B) sending a copy of the affidavit to the | ||
enforcement committee by certified mail. | ||
(b) If the enforcement committee receives a copy of an | ||
affidavit under Subsection (a)(2), the executive director may file | ||
with the court, not later than the fifth day after the date the copy | ||
is received, a contest to the affidavit. | ||
(c) The court shall hold a hearing on the facts alleged in | ||
the affidavit as soon as practicable and shall stay the enforcement | ||
of the penalty on finding that the alleged facts are true. The | ||
person who files an affidavit has the burden of proving that the | ||
person is financially unable to pay the penalty and to give a | ||
supersedeas bond. | ||
Sec. 1306.409. DECISION BY COURT. (a) If the court | ||
sustains the finding that a violation occurred, the court may | ||
uphold or reduce the amount of the penalty and order the person to | ||
pay the full or reduced amount of the penalty. | ||
(b) If the court does not sustain the finding that a | ||
violation occurred, the court shall order that a penalty is not | ||
owed. | ||
Sec. 1306.410. REMITTANCE OF PENALTY AND INTEREST. (a) If | ||
the person paid the penalty and if the amount of the penalty is | ||
reduced or the penalty is not upheld by the court, the court shall | ||
order, when the court's judgment becomes final, that the | ||
appropriate amount plus accrued interest be remitted to the person. | ||
(b) The interest accrues at the rate charged on loans to | ||
depository institutions by the New York Federal Reserve Bank. | ||
(c) The interest shall be paid for the period beginning on | ||
the date the penalty is paid and ending on the date the penalty is | ||
remitted. | ||
Sec. 1306.411. RELEASE OF BOND. (a) If the person gave a | ||
supersedeas bond and the penalty is not upheld by the court, the | ||
court shall order, when the court's judgment becomes final, the | ||
release of the bond. | ||
(b) If the person gave a supersedeas bond and the amount of | ||
the penalty is reduced, the court shall order the release of the | ||
bond after the person pays the reduced amount. | ||
Sec. 1306.412. COLLECTION OF PENALTY. (a) If the person | ||
does not pay the penalty and the enforcement of the penalty is not | ||
stayed, the penalty may be collected. | ||
(b) The attorney general may sue to collect the penalty. | ||
Sec. 1306.413. ADMINISTRATIVE PROCEDURE. A proceeding to | ||
impose the penalty is considered to be a contested case under | ||
Chapter 2001, Government Code. | ||
SUBCHAPTER F . EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL | ||
Sec. 1306.501. EXECUTIVE DIRECTOR AND STAFF. (a) The board | ||
shall employ an executive director as the executive head of the | ||
agency. | ||
(b) The board may employ personnel as necessary to | ||
administer this chapter, chapter 1301, 1302 or 1305 of this code. | ||
The board may determine the compensation and duties of its | ||
employees and the terms of their employment. | ||
Sec. 1306.502. CAREER LADDER PROGRAM; PERFORMANCE | ||
EVALUATIONS. (a) The presiding officer of the board or the | ||
presiding officer's designee shall develop an intra-agency career | ||
ladder program. The program must require intra-agency posting of | ||
each nonentry level position at least 10 days before the date of any | ||
public posting. | ||
(b) The presiding officer of the board or the presiding | ||
officer's designee shall develop a system of annual performance | ||
evaluations based on measurable job tasks. All merit pay for board | ||
employees must be based on the system established under this | ||
subsection. | ||
Sec. 1306.503. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) | ||
The executive director or the executive director's designee shall | ||
prepare and maintain a written policy statement that implements a | ||
program of equal employment opportunity to ensure that all | ||
personnel decisions are made without regard to race, color, | ||
disability, sex, religion, age, or national origin. | ||
(b) The policy statement must include: | ||
(1) personnel policies, including policies relating | ||
to recruitment, evaluation, selection, training, and promotion of | ||
personnel, that show the intent of the agency to avoid the unlawful | ||
employment practices described by Chapter 21, Labor Code; and | ||
(2) an analysis of the extent to which the composition | ||
of the agency's personnel is in accordance with state and federal | ||
law and a description of reasonable methods to achieve compliance | ||
with state and federal law. | ||
(c) The policy statement must: | ||
(1) be updated annually; | ||
(2) be reviewed by the state Commission on Human | ||
Rights for compliance with Subsection (b)(1); and | ||
(3) be filed with the governor's office. | ||
Sec. 1306.504. STANDARDS OF CONDUCT. The executive | ||
director or the executive director's designee shall provide to | ||
members of the board and to agency employees, as often as necessary, | ||
information regarding the requirements for office or employment | ||
under this chapter, including information regarding a person's | ||
responsibilities under applicable laws relating to standards of | ||
conduct for state officers or employees. | ||
Sec. 1306.505. SEPARATION OF RESPONSIBILITIES. The board | ||
shall develop and implement policies that clearly separate the | ||
policy-making responsibilities of the board and the management | ||
responsibilities of the executive director and the staff of the | ||
agency. | ||
SECTION 2. Sections 1301.002(1) and (1-b), Occupations | ||
Code, is amended to read as follows: | ||
1301.002. DEFINITIONS. In this chapter: | ||
(1) "Board" means the [ |
||
|
||
(1-b) "Executive director" means the executive director | ||
of the [ |
||
the State of Texas. | ||
SECTION 3. Section 1301.003, Occupations Code, is repealed. | ||
SECTION 4. Subchapters C and E of Chapter 1301, Occupations | ||
Code, are repealed. | ||
SECTION 5. Section 1301.201, Occupations Code, is repealed. | ||
SECTION 6. Sections 1301.204, 1301.205, 1301.207, 1301.208 | ||
Occupations Code, are repealed. | ||
SECTION 7. Sections 1302.002(1), Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1302.002. DEFINITIONS. In this chapter: | ||
(1) "[ |
||
|
||
State of Texas. | ||
SECTION 8. Sections 1302.101, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.101. GENERAL POWERS AND DUTIES. (a) The | ||
[ |
||
conditioning and refrigeration contracting that are at least as | ||
strict as the standards provided by: | ||
(1) the Uniform Mechanical Code; and | ||
(2) the International Mechanical Code. | ||
(b) The executive director shall prescribe the design of an | ||
original and a renewal license. | ||
(c) The [ |
||
commission's proceedings under this chapter. | ||
(d) The executive director may authorize disbursements | ||
necessary to implement this chapter, including disbursements for | ||
office expenses, equipment costs, and other necessary facilities. | ||
(e) The department or board may examine any criminal | ||
conviction, guilty plea, or deferred adjudication of an applicant | ||
for issuance or renewal of a license, including by obtaining any | ||
criminal history record information permitted by law. | ||
SECTION 9. Sections 1302.1011, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.1011. RULES. The [ |
||
rules: | ||
(1) providing for the licensing, certification, and | ||
registration of persons under this chapter, including requirements | ||
for the issuance and renewal of a contractor license, a technician | ||
certification, and a technician registration; | ||
(2) establishing fees necessary for the | ||
administration of this chapter, including fees for issuance and | ||
renewal of a contractor license, a technician certification, and a | ||
technician registration; and | ||
(3) implementing the requirements of this chapter as | ||
applicable to persons, entities, and activities regulated under | ||
this chapter. | ||
SECTION 10. Subsection 1302.102 (a), Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1302.102. INSURANCE REQUIREMENTS. (a) The | ||
[ |
||
license holder under this chapter. | ||
SECTION 11. Sections 1302.103, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.103. RULES REGARDING USE AND DISPLAY OF LICENSE. | ||
The [ |
||
shall adopt rules relating to the use, display, and advertisement | ||
of a license. | ||
SECTION 12. Subchapter E, Chapter 1302 Occupations Code, is | ||
repealed. | ||
SECTION 13. Section 1302.261, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.261. TEMPORARY LICENSE. The [ |
||
by rule may provide for the issuance of a temporary air conditioning | ||
and refrigeration contracting license to an applicant who: | ||
(1) submits to the executive director an application | ||
on a form prescribed by the executive director; and | ||
(2) pays the required fees. | ||
SECTION 14. Subsection 1302.506(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The [ |
||
the issuance of a temporary registration under this section, | ||
including the qualifications and fee required for the registration. | ||
SECTION 15. Section 1305.002 (1), Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1305.002. DEFINITIONS. In this chapter: | ||
(1) "[ |
||
|
||
SECTION 16. Subchapters B, Chapter 1302 Occupations Code, | ||
is repealed. | ||
SECTION 17. Section 1305.101, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1305.101. GENERAL POWERS AND DUTIES. (a) The | ||
executive director or [ |
||
(1) by rule establish the financial responsibility | ||
requirements for electrical contractors; and | ||
(2) after publication of the National Electrical Code | ||
by the National Fire Protection Association every three years, | ||
adopt the revised National Electrical Code as the electrical code | ||
for the state. | ||
(b) The executive director or [ |
||
appropriate, may: | ||
(1) establish reciprocity agreements with other | ||
states that have licensing requirements substantially equivalent | ||
to the requirements of this chapter; and | ||
(2) take other action as necessary to administer and | ||
enforce this chapter. | ||
SECTION 18. Section 1305.102, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1305.102. RULES. (a) The [ |
||
adopt rules for the licensing of electricians, sign electricians, | ||
electrical sign contractors, electrical contractors, journeyman | ||
industrial electricians, journeyman linemen, residential appliance | ||
installers, and residential appliance installation contractors as | ||
prescribed by this chapter. | ||
(b) The executive director by rule shall prescribe | ||
descriptions of the types of activities that may be performed by | ||
each class of license holder under this chapter. | ||
(c) The executive director by rule shall adopt standards of | ||
conduct requirements for license holders under this chapter. | ||
(d) The [ |
||
registration of apprenticeship training programs and to require | ||
registered programs to report the names of persons enrolled in the | ||
programs. | ||
SECTION 19. Section 1305.103, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1305.103. FEES. The [ |
||
and collect reasonable and necessary fees in amounts sufficient to | ||
cover the costs of administering this chapter. | ||
SECTION 20. Subsection 1305.161(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) The [ |
||
establish the qualifications, and provide for the issuance of a | ||
temporary apprentice license under this section. | ||
SECTION 21. Section 1305.1615, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1305.1615. EMERGENCY ELECTRICIAN LICENSE. (a) The | ||
[ |
||
for the issuance of an emergency electrician license following a | ||
disaster, as that term is defined by Section 418.004, Government | ||
Code, to a person licensed as an electrician in another state of the | ||
United States. | ||
(b) An emergency license issued under this section expires | ||
on the 90th day after the date of issuance. | ||
(c) The [ |
||
board, may adopt rules that provide for the extension of an | ||
emergency license issued under this section. | ||
SECTION 22. Subsection 1305.1615(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The [ |
||
implement this section. | ||
SECTION 23. Not later than March 1, 2020, the Trades Board | ||
of Texas shall adopt rules as required by this Act. | ||
SECTION 24. The Texas Department of Licensing and | ||
Regulation shall assist the Trades Board for the State of Texas for | ||
one year after the effective date of this Act. The Trades Board of | ||
the State of Texas may hold its meetings at the present location of | ||
the Texas State Board of Plumbing Examiners. | ||
SECTION 25. This Act takes effect September 1, 2019. |