CHAPTER 37. OCCUPATIONAL LICENSING AND REGISTRATION
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.
(c) After notice and hearing, the commission may deny an
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.
(c) Not later than the 60th day before the date a person's
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.
(c) Not later than the 45th day after the date a person takes a
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.
(c) The commission may recognize, prepare, or administer
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.