reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter A. General Provisions › Section 1304.0041. Certain Exempt Agreements

Sec. 1304.0041.  CERTAIN EXEMPT AGREEMENTS.  This chapter does not apply to:
(1)  a performance guarantee offered by:
(A)  the builder of a residential property; or
(B)  the manufacturer or seller of an appliance or other system or component of a residential property;
(2)  a residential service contract executed before August 28, 1979;
(3)  a guarantee or warranty that is:
(A)  designed to guarantee or warrant the repair or service of an appliance, system, or component of a residential property; and
(B)  issued by a person who sells, services, repairs, or replaces the appliance, system, or component at the time or before the guarantee or warranty is issued;
(4)  a service or maintenance agreement or a warranty that:
(A)  is sold, offered for sale, or issued by a manufacturer or merchant who manufactures or sells a product or part of a product, including a structural component, an appliance, or an electrical, plumbing, heating, cooling, or air-conditioning system of a building or residence; and
(B)  provides for, warrants, or guarantees the maintenance, repair, replacement, or performance of the product or part of the product; or
(5)  home warranty insurance as defined by Section 2005.001, Insurance Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 4.05, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter A. General Provisions › Section 1304.005. Exemptions From Certain Other Laws

Sec. 1304.005.  EXEMPTIONS FROM CERTAIN OTHER LAWS.  Marketing, selling, offering for sale, issuing, making, proposing to make, and administering a service contract are exempt from:
(1)  Chapter 722, Transportation Code; and
(2)  the Insurance Code and other laws of this state regulating the business of insurance.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 4.06, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter A. General Provisions › Section 1304.0051. Confidentiality of Certain Information

Sec. 1304.0051.  CONFIDENTIALITY OF CERTAIN INFORMATION.  (a)  The following information submitted to or maintained by the department under this chapter that pertains to an applicant for registration or a seller, provider, or administrator is confidential and not subject to disclosure under Chapter 552, Government Code:
(1)  the financial condition of the  applicant, seller, provider, or administrator;
(2)  the identity or number of service contract holders; or
(3)  documents that are claimed, in a manner determined by the department, proprietary or confidential for competitive purposes.
(b)  The department may withhold the information described by Subsection (a) without requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 622 (H.B. 4316), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter B. Powers and Duties of Department › Section 1304.051. General Investigative Power of Executive Director

Sec. 1304.051.  GENERAL INVESTIGATIVE POWER OF EXECUTIVE DIRECTOR.  (a)  The executive director may investigate a provider, administrator, seller, or other person as necessary to enforce this chapter and protect service contract holders in this state.
(b)  On request of the executive director, a provider shall make the records required by Section 1304.155 available to the executive director as necessary to enable the executive director to reasonably determine compliance with this chapter.
Transferred, redesignated and amended from Occupations Code, Section 1304.007 by Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.03, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter B. Powers and Duties of Department › Section 1304.052. Rules

Sec. 1304.052.  RULES.  The commission shall adopt rules necessary to implement and administer this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.02, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter C. Registration Requirements › Section 1304.101. Registration Required; Exemption From Other Licensing Requirements

Sec. 1304.101.  REGISTRATION REQUIRED; EXEMPTION FROM OTHER LICENSING REQUIREMENTS.  (a)  A person may not operate as a provider or administrator of service contracts sold or issued in this state unless the person is registered with the department.
(b)  Except for the registration requirement of this chapter, a provider, seller, administrator, or other person who markets, sells, issues, or offers to sell service contracts is exempt from any licensing requirement of this state that relates to an activity regulated under this chapter.
(c)  A provider or administrator may not contract with or use the services of a person to perform an activity that requires registration with the department as a provider or administrator unless that person is appropriately registered.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 4, eff. March 1, 2006.
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.04, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter C. Registration Requirements › Section 1304.102. Application for Registration or Renewal; General Requirements

Sec. 1304.102.  APPLICATION FOR REGISTRATION OR RENEWAL; GENERAL REQUIREMENTS.  (a)  An applicant for registration or registration renewal must submit an application to the executive director.
(b)  The application must:
(1)  be in the form prescribed by the executive director; and
(2)  include evidence satisfactory to the executive director of compliance with the applicable financial security requirements prescribed by Section 1304.151, if the application is for a provider registration or renewal.
(c)  The department may refuse to issue or renew a registration, suspend or revoke a registration, or take any other disciplinary action under Subchapter E if the applicant or a controlling person of the applicant:
(1)  has violated this chapter or a rule adopted or order issued by the commission or executive director under this chapter;
(2)  has made a material misrepresentation or false statement in an application or in any document accompanying an application;
(3)  has had a license issued under Title 13, Insurance Code, revoked as provided by that code; or
(4)  has had a license or registration as a provider, administrator, or seller revoked in this state or another state.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1081, Sec. 1.20(a)(2), eff. September 1, 2011.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.039, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.341, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 5, eff. January 1, 2006.
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.05, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.20(a)(2), eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter C. Registration Requirements › Section 1304.1025. Additional Registration and Renewal Requirements for Providers

Sec. 1304.1025.  ADDITIONAL REGISTRATION AND RENEWAL REQUIREMENTS FOR PROVIDERS.  (a)  In addition to the requirements of Section 1304.102, an applicant for issuance or renewal of a provider registration must file with the application:
(1)  the reimbursement insurance policy, if the provider is using a reimbursement insurance policy to meet the financial security requirements of Section 1304.151;
(2)  the financial security deposit and the documentation required by the department demonstrating adequate funding of the reserve account, if the provider is using a funded reserve account and financial security deposit to meet the financial security requirements of Section 1304.151;
(3)  the proof necessary to demonstrate the applicant or its parent company maintains at least $100 million net worth, if the applicant is using net worth to meet the financial security requirements of Section 1304.151; and
(4)  information about each controlling person of the applicant in a form prescribed by the executive director.
(b)  The executive director may not issue or renew a registration to a provider unless the provider provides evidence to the executive director that:
(1)  each controlling person  of the provider is trustworthy and can competently manage the affairs of the provider in compliance with this chapter; and
(2)  the provider can meet the provider's obligations under service contracts and this chapter.
(c)  Not later than the 30th day after the date of a provider's initial registration, the provider must provide to the department a list of any Internet website address through which a consumer may purchase the provider's service contracts and the name, assumed name, street address, and telephone number of:
(1)  any administrator appointed by the provider under Section 1304.153; and
(2)  any seller of the provider's service contracts, other than a seller that is:
(A)  an employee of the provider; or
(B)  a business with a physical location in this state at which a consumer may purchase a service contract.
(d)  The provider shall update the list required by Subsection (c) with each renewal.
Added by Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 6, eff. January 1, 2006.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.06, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter C. Registration Requirements › Section 1304.103. Registration and Renewal Fees

Sec. 1304.103.  REGISTRATION AND RENEWAL FEES.  (a)  The executive director shall develop a tiered schedule of registration and renewal fees under which a provider's fee is based on the number of service contracts the provider sold or issued in this state during the preceding 12-month period.
(b)  The commission shall set fees to cover the costs of administering this chapter, including registration and renewal fees for administrators.
(c)  To register or renew a registration, a provider or administrator must pay the appropriate fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 13.006, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.342, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 7, eff. January 1, 2006.
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.07, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter C. Registration Requirements › Section 1304.1035. Identity Recovery Service Contract Report; Fee

Sec. 1304.1035.  IDENTITY RECOVERY SERVICE CONTRACT REPORT; FEE.  Not later than the 30th day after the date each calendar quarter ends, a provider must report to the department the number of service contracts described by Section 1304.003(a)(2)(B) that were sold or issued to consumers in this state during the most recent calendar quarter and must submit a fee of $1 for each of those service contracts to the department.  The report and fee are required only for a service contract that provides only for identity recovery services.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1207 (S.B. 1388), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter C. Registration Requirements › Section 1304.104. Information Concerning Number of Service Contracts Sold or Issued

Sec. 1304.104.  INFORMATION CONCERNING NUMBER OF SERVICE CONTRACTS SOLD OR ISSUED.  Information concerning the number of service contracts sold or issued by a provider that is submitted under Section 1304.103 or 1304.1035 is a trade secret to which Section 552.110, Government Code, applies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.040, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.343, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.08, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1207 (S.B. 1388), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter C. Registration Requirements › Section 1304.105. Renewal

Sec. 1304.105.  RENEWAL.  The commission shall adopt rules regarding the renewal of a registration issued under this chapter.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 13.007, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.1521. Financial Security Transition

Sec. 1304.1521.  FINANCIAL SECURITY TRANSITION.  (a)  In this section, "provider that maintained a funded reserve account" means a provider that, in order to ensure the faithful performance of the provider's obligations to service contract holders, maintained a funded reserve account covering the provider's obligations under service contracts that were issued and outstanding in this state and placed in trust with the executive director a financial security deposit consisting of:
(1)  a surety bond issued by an authorized surety;
(2)  securities of the type eligible for deposit by an authorized insurer in this state;
(3)  a statutory deposit of cash or cash equivalents;
(4)  a letter of credit issued by a qualified financial institution; or
(5)  another form of security prescribed by commission rules.
(b)  This section applies only to a provider that maintained a funded reserve account on August 31, 2011.
(c)  Not later than September 1, 2012, a provider that maintained a funded reserve account shall submit to the executive director documentation that the provider is in compliance with the financial security requirements provided by Section 1304.151 for service contracts sold or issued in this state on or after September 1, 2012.  A provider that maintained a funded reserve account may not sell or issue a service contract on or after September 1, 2012, unless the provider is in compliance with this subsection.
(d)  A provider that maintained a funded reserve account shall:
(1)  continue to maintain the funded reserve account and security deposit at appropriate levels for service contracts that were sold or issued in this state before September 1, 2012, until the contracts are no longer in effect; or
(2)  provide financial security for service contracts sold or issued before September 1, 2012, by complying with the financial security requirements of Section 1304.151.
(e)  If a provider provides financial security for service contracts sold or issued before September 1, 2012, by complying with the financial security requirements of Section 1304.151, the provider shall give to the executive director satisfactory documentation that the reimbursement insurance policy, funded reserve account and security deposit, or net worth covers all outstanding service contracts issued before September 1, 2012.
(f)  A service contract that is sold or issued before September 1, 2012, and is covered under a funded reserve account and security deposit may not be extended or renewed at the end of the service contract term unless the provider provides financial security for those service contracts by complying with the financial security requirements of Section 1304.151 before the extension or renewal.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.12, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.153. Appointment and Responsibilities of Administrator

Sec. 1304.153.  APPOINTMENT AND RESPONSIBILITIES OF ADMINISTRATOR.  (a)  A provider may appoint an administrator registered under this chapter to be responsible for:
(1)  all or any part of the administration or sale of service contracts; and
(2)  compliance with this chapter, except for Section 1304.151.
(b)  The appointment of an administrator under this section does not affect a provider's responsibility to comply with this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 10, eff. March 1, 2006.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.1531. Service Contract Sellers; Responsibilities

Sec. 1304.1531.  SERVICE CONTRACT SELLERS; RESPONSIBILITIES.  (a)  A provider may employ or contract with a seller to be responsible for:
(1)  all or any part of the sale or marketing of service contracts for the provider; and
(2)  compliance with this chapter in connection with the sale or marketing of service contracts.
(b)  The hiring of or contracting with a seller under this section does not affect a provider's responsibility to comply with this chapter.
(c)  Unless registered as a provider or administrator, a seller is prohibited from engaging in activities that would require registration as a provider or administrator.
(d)  A seller shall process a service contract application and a payment from a consumer in accordance with this chapter and with any sales agreement or contract between the provider and the seller.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.12, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.154. Provider Requirements

Sec. 1304.154.  PROVIDER REQUIREMENTS.  A provider may not sell, offer for sale, or issue a service contract in this state unless the provider gives the service contract holder:
(1)  a receipt for, or other written evidence of, the purchase of the contract;  and
(2)  a copy of the contract within a reasonable period after the date of purchase.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.155. Provider Records

Sec. 1304.155.  PROVIDER RECORDS.  (a)  A provider shall maintain accurate accounts, books, and other records regarding transactions regulated under this chapter.  The provider's records must include:
(1)  a copy of each unique form of service contract sold;
(2)  the name and address of each service contract holder who provided the holder's name and address;
(3)  a list of each location at which the provider's service contracts are marketed, sold, or offered for sale;  and
(4)  written claims files that contain at least the date and a description of each claim related to the service contracts.
(b)  The records required by this section may be maintained in an electronic medium or through other recordkeeping technology.  If a record is not in a hard copy, the provider must be able to reformat the record into a legible hard copy at the request of the executive director.
(c)  Except as provided by Subsection (d), a provider shall retain the records required by this section until at least the first anniversary of the expiration date of the specified period of coverage under the service contract.
(d)  A provider that discontinues business in this state shall retain its records until the provider furnishes the executive director with proof satisfactory to the executive director that the provider has discharged all obligations to service contract holders in this state.
(e)  An administrator appointed to maintain the provider's records is responsible for compliance with this section to the same extent as the provider.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.042, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.346, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 11, eff. January 1, 2006.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.157. Residential Service Contracts

Sec. 1304.157.  RESIDENTIAL SERVICE CONTRACTS.  (a)  A person may not sell, offer to sell, arrange or solicit the sale of, or receive an application for a residential service contract unless the person is:
(1)  employed by a provider or administrator of a residential service contract who is licensed under this chapter; or
(2)  licensed as a real estate sales agent, real estate broker, mobile home dealer, or insurance agent in this state.
(b)  Notwithstanding Subsection (a), a person compensated by a provider or administrator, but who is not employed by that provider or administrator, may sell, offer to sell, arrange or solicit the sale of, or receive an application for a residential service contract if the contract contains  the following statement in at least 10-point boldface type: "NOTICE: THIS COMPANY PAYS PERSONS NOT EMPLOYED BY THE PROVIDER FOR THE SALE, ADVERTISING, INSPECTION, OR PROCESSING OF A RESIDENTIAL SERVICE CONTRACT UNDER CHAPTER 1304, OCCUPATIONS CODE." For purposes of Subsection (a) and this subsection, a person is employed by a provider or administrator if, in connection with the person selling, offering to sell, arranging or soliciting the sale of, or receiving applications for residential service contracts, the provider or administrator:
(1)  directs and controls the person's performance; and
(2)  is responsible for representations made by the person when acting within the scope of the person's employment.
(c)  Notwithstanding Section 1304.151(a)(1), a provider of a residential service contract may use a reimbursement insurance policy issued by a captive insurance company as defined by Section 964.001, Insurance Code, to insure the provider's residential service contracts if the provider maintains a funded reserve equal to not less than an amount computed by subtracting the amount of any claims paid from the product of 25 percent and the gross consideration the provider received from consumers from the sale of all the provider's service contracts issued and outstanding in this state.  The department shall prescribe a calculation form to be used by a provider to calculate the minimum amount required to be maintained in the provider's reserve account under this subsection. A reimbursement insurance policy issued to a residential service contract provider in accordance with this subsection:
(1)  is not subject to Section 1304.152; and
(2)  is considered to satisfy the requirements of Sections 1304.1025 and 1304.151(a)(1) for purposes of this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 4.09, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 622 (H.B. 4316), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.1581. Cancellation by Service Contract Holder; Refund

Sec. 1304.1581.  CANCELLATION BY SERVICE CONTRACT HOLDER; REFUND.  (a)  A service contract must allow the service contract holder to cancel the service contract at any time.
(b)  If a service contract holder cancels a service contract before the 31st day after the date of purchase, the provider:
(1)  shall refund to the service contract holder or credit to the account of the service contract holder the full purchase price of the contract, decreased by the amount of any claims paid under the contract; and
(2)  may not impose a cancellation fee.
(c)  If a service contract holder cancels a service contract on or after the 31st day after the date of purchase, the provider:
(1)  shall refund to the service contract holder or credit to the account of the service contract holder the prorated purchase price of the contract reflecting the remaining term of the contract, based on mileage, time, or another reasonably applicable measure of the remaining term that must be disclosed in the contract, decreased by the amount of any claims paid under the contract; and
(2)  may impose a reasonable cancellation fee not to exceed $50.
(d)  A provider may allow a service contract holder to cancel a service contract on other terms included in the contract, provided the terms do not conflict with this section.
(e)  A provider who does not pay the refund or credit the service contract holder's account before the 46th day after the date notice of cancellation is received by the provider is liable to the service contract holder for a penalty for each month an amount remains outstanding equal to 10 percent of the amount outstanding.  The penalty is in addition to the full or prorated purchase price of the contract that is owed to the service contract holder under this section or the terms of the contract.
(f)  The right to cancel a service contract is not transferable to a subsequent holder of the contract.
(g)  Notwithstanding Subsection (b)(1) or (c)(1), a provider is not required to deduct the amount of any claims paid under a service contract from the amount of a refund required under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.14, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 473 (H.B. 2275), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.159. Cancellation by Provider; Refund

Sec. 1304.159.  CANCELLATION BY PROVIDER; REFUND.  (a)  A provider may cancel a service contract by mailing a written notice of cancellation to the service contract holder at the service contract holder's last known address according to the records of the provider.  The provider must mail the notice before the fifth day preceding the effective date of the cancellation.  The notice must state the effective date of the cancellation and the reason for the cancellation.
(b)  The provider is not required to provide prior notice of cancellation if the service contract is canceled because of:
(1)  nonpayment of the consideration for the contract;
(2)  fraud or a material misrepresentation by the service contract holder to the provider or the provider's administrator; or
(3)  a substantial breach of a duty by the service contract holder relating to the covered product or its use.
(c)  A service contract holder whose contract is canceled by the provider in accordance with this section is entitled to a prorated refund of the purchase price of the contract reflecting the remaining term of the contract, based on mileage, time, or another reasonably applicable measure of the remaining term that must be disclosed in the contract, decreased by the amount of any claims paid under the contract.  A provider who cancels a contract under this section may not impose a cancellation fee.
(d)  Notwithstanding Subsection (c), a provider is not required to deduct the amount of any claims paid under a service contract from the amount of a refund a service contract holder is entitled to under this section.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.15, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.16, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 473 (H.B. 2275), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.160. Limitations on Provider Name

Sec. 1304.160.  LIMITATIONS ON PROVIDER NAME.  (a)  A provider may not use a name that:
(1)  includes "insurance," "casualty," "surety," or "mutual" or any other word descriptive of the insurance, casualty, or surety business;  or
(2)  is deceptively similar to the name or description of an insurance or surety corporation or to the name of any other provider.
(b)  A provider may include in its name "guaranty" or a similar word.
(c)  This section does not apply to a provider that, before September 1, 1999, included a word prohibited under this section in its name.  A provider described by this subsection must include in each service contract a statement substantially similar to the following:  "This agreement is not an insurance contract."
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter D. Practice by Service Contract Providers, › Section 1304.161. Prohibited Acts

Sec. 1304.161.  PROHIBITED ACTS.  (a)  A provider, administrator, seller, or other representative of the provider may not, in the provider's service contracts or literature or in any written communication:
(1)  make, permit, or cause to be made any false, deceptive, or misleading statement; or
(2)  deliberately omit a material statement if the omission would be considered misleading.
(b)  A person, including a bank, a savings and loan association, a lending institution, or the manufacturer or seller of a product, may not require the purchase of a service contract as a condition of a loan or the sale of property.
(c)  A provider, administrator, seller, or other representative of the provider may not make a telemarketing call to a consumer as provided by Sections 304.002 and 304.003, Business & Commerce Code, unless the provider, administrator, seller, or representative has an established business relationship, as defined by Section 304.002, Business & Commerce Code, with the consumer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.17, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter E. Disciplinary Action › Section 1304.201. Disciplinary Action

Sec. 1304.201.  DISCIPLINARY ACTION.   On a finding that a ground for disciplinary action exists under this chapter, the commission or executive director may impose an administrative sanction or administrative penalty or seek a civil penalty or any other remedy as provided by this chapter and Chapter 51.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 13.009, 13.010(2), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.347(a), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.18, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter E. Disciplinary Action › Section 1304.202. Injunctive Relief; Civil Penalty

Sec. 1304.202.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  The executive director may institute an action under Section 51.352 for injunctive relief to restrain a violation or a threatened violation of this chapter or an order issued or rule adopted under this chapter.
(b)  In addition to the injunctive relief provided by Subsection (a), the executive director may institute an action for a civil penalty as provided by Section 51.352.  The amount of a civil penalty assessed under this section may not exceed:
(1)  $2,500 for each violation;  or
(2)  $50,000 in the aggregate for all violations of a similar nature.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.043, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter E. Disciplinary Action › Section 1304.203. Multiple Violations

Sec. 1304.203.  MULTIPLE VIOLATIONS.  For purposes of this subchapter, violations are of a similar nature if the violations consist of the same or a similar course of conduct, action, or practice, regardless of the number of times the conduct, act, or practice occurred.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter E. Disciplinary Action › Section 1304.204. Administrative Procedure

Sec. 1304.204.  ADMINISTRATIVE PROCEDURE.  Sections 51.305, 51.310, and 51.354 apply to disciplinary action taken under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.347(b), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter E. Disciplinary Action › Section 1304.205. Remedy for Service Contract Holders

Sec. 1304.205.  REMEDY FOR SERVICE CONTRACT HOLDERS.  (a)  If the commission by order, including an agreed order, determines that a person has operated as a provider or administrator in this state without holding the appropriate registration under this chapter, the person shall offer to a service contract holder who holds a service contract sold or issued by the person during the period that the person was not registered under this chapter the right to:
(1)  cancel the contract and obtain a refund of the full purchase price of the contract; or
(2)  retain the contract.
(b)  If a seller fails to process a service contract application or a payment from a consumer in accordance with this chapter and any sales agreement or contract between the provider and the seller, the commission or executive director may, by commission order, including an agreed order, require the seller to refund the full purchase price of the contract to the consumer.
(c)  The remedies described in this section are in addition to any administrative penalty, administrative sanction, civil penalty, or other disciplinary or enforcement action sought under this chapter or Chapter 51.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.19, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter A. General Provisions › Section 1305.001. Short Title

Sec. 1305.001.  SHORT TITLE.  This chapter may be cited as the Texas Electrical Safety and Licensing Act.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter A. General Provisions › Section 1305.004. Nonapplicability of Law Governing Cancellation of Certain Transactions

Sec. 1305.004.  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.
Added by Acts 2009, 81st Leg., R.S., Ch. 937 (H.B. 3129), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter B. Advisory Board › Section 1305.051. Electrical Safety and Licensing Advisory Board

Sec. 1305.051.  ELECTRICAL SAFETY AND LICENSING ADVISORY BOARD.  (a)  The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:
(1)  three master electrician members;
(2)  three journeyman electrician members;
(3)  one master sign electrician member; and
(4)  two public members.
(b)  The advisory board members must include:
(1)  two members who are affiliated with a statewide association of electrical contractors not affiliated with a labor organization;
(2)  three members who are affiliated with a labor organization;
(3)  one member who is not affiliated with a statewide association of electrical contractors or with a labor organization;
(4)  one member who is affiliated with a historically underutilized business, as that term is defined by Section 2161.001, Government Code; and
(5)  one public member who is a building contractor principally engaged in home construction and is a member of a statewide building trade association.
(c)  A licensed electrical engineer or an electrical inspector may be appointed as a public member of the advisory board.
(d)  An appointment to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 926 (H.B. 1503), Sec. 3, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 156 (H.B. 1077), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter B. Advisory Board › Section 1305.052. Terms; Vacancies

Sec. 1305.052.  TERMS;  VACANCIES.  (a)  Advisory board members serve terms of six years, with the terms of three members expiring on February 1 of each odd-numbered year.
(b)  A member may not consecutively serve more than two full terms.
(c)  If a vacancy occurs during a term, 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.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter B. Advisory Board › Section 1305.053. Presiding Officer

Sec. 1305.053.  PRESIDING OFFICER.  The presiding officer of the commission shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of one year.  The presiding officer of the advisory board may vote on any matter before the advisory board.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter B. Advisory Board › Section 1305.054. Compensation; Reimbursement of Expenses

Sec. 1305.054.  COMPENSATION;  REIMBURSEMENT OF EXPENSES.  Advisory board members may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter C. Powers and Duties › Section 1305.101. General Powers and Duties

Sec. 1305.101.  GENERAL POWERS AND DUTIES.  (a)  The executive director or commission, 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 commissioner, as 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.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter C. Powers and Duties › Section 1305.102. Rules

Sec. 1305.102.  RULES.  (a)  The commission 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 commission 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.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 418 (S.B. 1222), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 741 (S.B. 470), Sec. 2, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 882 (H.B. 796), Sec. 2, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 826 (H.B. 1698), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter C. Powers and Duties › Section 1305.103. Fees

Sec. 1305.103.  FEES.  The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of administering this chapter.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter C. Powers and Duties › Section 1305.104. Powers and Duties of Advisory Board

Sec. 1305.104.  POWERS AND DUTIES OF ADVISORY BOARD.  The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, electrical code requirements, and continuing education requirements.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter C. Powers and Duties › Section 1305.105. Personnel

Sec. 1305.105.  PERSONNEL.  The department may employ personnel necessary to administer and enforce this chapter.  The department shall employ an electrical occupations and code specialist to oversee the electrical licensing and safety program.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.151. License Required

Sec. 1305.151.  LICENSE REQUIRED.  Except as provided by Section 1305.003, a person or business may not perform or offer to perform electrical work or residential appliance installation unless the person or business holds an appropriate license issued or recognized under this chapter.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1052 (H.B. 1317), Sec. 3, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 418 (S.B. 1222), Sec. 4, eff. March 1, 2008.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.152. Application Requirements

Sec. 1305.152.  APPLICATION REQUIREMENTS.
(a)  An applicant for a license under this chapter must:
(1)  submit to the department a completed application on a form prescribed by the executive director;
(2)  submit to the department any other information required by executive director rule;
(3)  demonstrate to the satisfaction of the executive director the appropriate amount of electrical work experience as required by this subchapter; and
(4)  pay the application and examination fees.
(b)  The executive director shall adopt rules to establish a process by which the department shall evaluate the experience required of applicants for a license under this chapter.
(c)  The department may conduct an examination of any criminal conviction of an applicant, including obtaining any criminal history record information permitted by law.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 400 (S.B. 1531), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.153. Master Electrician

Sec. 1305.153.  MASTER ELECTRICIAN.  (a)  An applicant for a license as a master electrician must:
(1)  have at least 12,000 hours of on-the-job training under the supervision of a master electrician;
(2)  have held a journeyman electrician license for at least two years; and
(3)  pass a master electrician examination administered under this chapter.
(b)  A master electrician may:
(1)  perform all electrical work, including electrical work performed by a master sign electrician;
(2)  supervise an electrician;
(3)  verify compliance with on-the-job training requirements for issuance of a master electrician license, master sign electrician license, journeyman electrician license, or journeyman sign electrician license; and
(4)  serve as master of record for an electrical sign contractor.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1052 (H.B. 1317), Sec. 4, eff. June 18, 2005.