CHAPTER 37. OCCUPATIONAL LICENSING AND REGISTRATION

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WATER CODE

TITLE 2. WATER ADMINISTRATION

SUBTITLE F. OCCUPATIONAL LICENSING AND REGISTRATION

CHAPTER 37. OCCUPATIONAL LICENSING AND REGISTRATION

Sec. 37.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Natural Resource Conservation

Commission.

(2) "License" means an occupational license or class of license

issued by the commission to an individual.

(3) "Registration" means an occupational registration issued by

the commission to a person.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.002. RULES. The commission shall adopt any rules

necessary to:

(1) establish occupational licenses and registrations prescribed

by Sections 26.0301, 26.3573, 26.452, and 26.456 of this code,

Sections 341.033, 341.034, 361.027, and 366.071, Health and

Safety Code, and Section 1903.251, Occupations Code;

(2) establish classes and terms of occupational licenses and

registrations; and

(3) administer the provisions of this chapter and other laws

governing occupational licenses and registrations under the

commission's jurisdiction.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.848,

eff. Sept. 1, 2003.

Sec. 37.003. LICENSE OR REGISTRATION REQUIRED. A person may not

engage in a business, occupation, or profession described by

Section 26.0301, 26.3573, 26.452, or 26.456 of this code, Section

341.033, 341.034, 361.027, 366.014, or 366.071, Health and Safety

Code, or Section 1903.251, Occupations Code, unless the person

holds the appropriate license or registration issued by the

commission.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.848,

eff. Sept. 1, 2003.

Sec. 37.004. QUALIFICATIONS. The commission may establish

qualifications for each license and registration issued under

this chapter.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.005. ISSUANCE AND DENIAL OF LICENSES AND REGISTRATIONS.

(a) The commission shall establish requirements and uniform

procedures for issuing licenses and registrations under this

chapter.

(b) The commission may waive any prerequisite to obtaining a

license or registration for an applicant after reviewing the

applicant's credentials and determining that the applicant holds

a license or registration issued by another state that has

requirements substantially equivalent to those of this state.

application for a license or registration by an applicant who:

(1) has a record in the preceding five years of continuing

violations of statutes or rules adopted under those statutes;

(2) has engaged in fraud or deceit in obtaining or applying for

a license or registration;

(3) has demonstrated gross negligence, incompetence, or

misconduct in the performance of activities authorized by a

license or registration;

(4) made an intentional misstatement or misrepresentation of

fact in information required to be maintained or submitted to the

commission by the license or registration holder;

(5) failed to keep and transmit records as required by a statute

within the commission's jurisdiction or a rule adopted under such

a statute; or

(6) at the time the application is submitted, is indebted to the

state for a fee, penalty, or tax imposed by a statute within the

commission's jurisdiction or a rule adopted under such a statute.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.006. RENEWAL OF LICENSE OR REGISTRATION. (a) The

commission shall establish requirements and uniform procedures

for renewing licenses and registrations.

(b) The commission by rule may adopt a system under which

licenses or registrations expire on various dates during the

year. For the year in which the license or registration

expiration date is changed, the commission shall prorate fees on

a monthly basis so that each license or registration holder pays

only that portion of the fee that is allocable to the number of

months during which the license or registration is valid. On

renewal of the license or registration on the new expiration

date, the total renewal fee is payable.

license or registration is scheduled to expire, the commission

shall send written notice of the impending expiration to the

person at the person's last known address according to the

records of the commission.

(d) A person may renew an unexpired license or registration by

submitting an application accompanied by the required renewal

fee.

(e) A person whose license or registration has expired may not

engage in activities that require a license or registration until

the license or registration is renewed.

(f) A person whose license or registration has been expired for

30 days or less may apply for renewal of the license or

registration by paying to the commission a renewal fee in an

amount prescribed by commission rule not to exceed 1-1/2 times

the normally required renewal fee.

(g) A person whose license or registration has been expired for

more than 30 days may not renew the license or registration. The

person may obtain a new license or registration by complying with

the requirements and procedures, including the examination

requirements, for obtaining an original license or registration.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.007. LICENSING EXAMINATIONS. (a) The commission shall

prescribe the content of licensing examinations. Examinations

shall be based on laws, rules, job duties, and standards relating

to licenses issued by the commission.

(b) The commission shall determine the location and frequency of

examinations.

licensing examination under this chapter, the commission shall

notify the person of the results of the examination.

(d) If requested in writing by a person who fails a licensing

examination administered under this chapter, the commission,

within a reasonable time, shall provide the person with an

analysis of the person's performance on the examination. The

commission shall ensure that an examination analysis does not

compromise the fair and impartial administration of future

examinations.

(e) The commission shall ensure that an otherwise qualified

person with a physical, mental, or developmental disability is

provided with a reasonable opportunity to take a licensing

examination.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.008. TRAINING; CONTINUING EDUCATION. (a) The

commission shall approve training programs necessary to qualify

for or renew a license.

(b) The commission shall establish and make available to the

public uniform procedures for approving training to qualify for

or renew a license.

continuing education programs for license holders.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.009. FEES. (a) The commission shall establish and

collect fees to cover the cost of administering and enforcing

this chapter and licenses and registrations issued under this

chapter.

(b) Fees paid to the commission under this chapter shall be

deposited in the state treasury to the credit of the commission

occupational licensing account.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.010. ADVERTISING. (a) The commission may not adopt

rules restricting advertising or competitive bidding by a license

or registration holder except to prohibit false, misleading, or

deceptive practices.

(b) In its rules to prohibit false, misleading, or deceptive

practices, the commission may not include a rule that restricts:

(1) the use of any medium for advertising;

(2) the use of a license or registration holder's personal

appearance or voice in an advertisement;

(3) the use or duration of an advertisement by the license or

registration holder; or

(4) the license or registration holder's advertisement under a

trade name.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.011. COMPLAINTS. The commission shall prepare and make

available to the public information describing the procedures by

which a person may submit licensing and registration complaints

to the commission.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.012. COMPLIANCE INFORMATION. In administering this

chapter, the commission may require a person to provide

information about other occupational licenses and registrations

held by the person, including:

(1) the state in which the license or registration was issued;

(2) the current status of the license or registration; and

(3) whether the license or registration was ever denied,

suspended, revoked, surrendered, or withdrawn.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.013. PRACTICE OF OCCUPATION. A license or registration

holder must engage in the business, occupation, or profession

governed by the license or registration according to applicable

laws and commission rules and orders.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.014. ROSTER OF LICENSE HOLDERS AND REGISTRANTS. The

commission shall maintain and make available to the public an

official roster of persons who hold licenses and registrations

issued under this chapter.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

Sec. 37.015. POWER TO CONTRACT. The commission may contract

with persons to provide services required by this chapter. The

commission may authorize contractors to collect reasonable fees

for the services provided.

Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1,

2001.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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