HBA-ATS H.B. 3759 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3759
By: Giddings
Business & Industry
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Texas law does not require residential carpet cleaners to register with a
state agency.  Without registration, a consumer who does not have a carpet
cleaner's name and current address may not be able to contact the carpet
cleaner with which the customer is dissatisfied.  In addition, if the
consumer does file a complaint with a state agency such as the attorney
general or with another organization such as the Better Business Bureau,
neither entity would be able to help very much without the business'
current address. 

H.B. 3759 prohibits a person from engaging in business as a residential
carpet cleaner in this state unless the person holds a certificate of
registration.  A person must file a registration statement with the
secretary of state before engaging in business as a cleaner in this state.
Some of the information required in the statement includes the name, street
address, and telephone number of the cleaner, any assumed name under which
the cleaner is doing business, and a complete disclosure of any litigation
relating to carpet cleaning brought against the cleaner or an owner,
officer, or director of the cleaner that was completed within three years
before the date on which the statement is filed or is pending on the date
of filing.  Each cleaner is required to post the certificate in a
conspicuous place accessible to clients and prospective clients in the
cleaner's principal office. In addition, each registered cleaner must
display in the cleaner's principal office a sign provided by the secretary
of state that contains a statement that the cleaner is registered with the
secretary of state, the mailing address and telephone number of the
secretary of state, and a statement informing consumers that a complaint
against a registered cleaner may be directed to the secretary of state. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the secretary of state in SECTIONS
3.02, 4.01, and 4.03 of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  GENERAL PROVISIONS

SECTION 1.01.  DEFINITIONS.  Defines "consumer," "person," and "residential
carpet cleaner." 

SECTION 1.02.  EXEMPTIONS.  Provides that the registration requirements of
this Act do not apply to a maid or other person who performs domestic or
household services, or a person who engages in or provides carpet cleaning
services (services) only as an incidental part of the person's normal
business. 

SECTION 1.03.  WAIVER VOID.  Voids a waiver of a provision of this Act by a
consumer. 

ARTICLE 2.  REGISTRATION 

SECTION 2.01.  REGISTRATION REQUIREMENT.  Prohibits a person from engaging
in business as a residential carpet cleaner (cleaner) in this state unless
the person holds a certificate of registration issued under this Act.  

 SECTION 2.02.  REGISTRATION STATEMENT.  (a) Provides that a person must
file a registration statement (statement) with the secretary of state
(secretary) before engaging in business as a cleaner in this state.  Sets
forth the information required in the statement, among which is the name,
street address, and telephone number of the cleaner, any assumed name under
which the cleaner is doing business, and a complete disclosure of any
litigation relating to carpet cleaning brought against the cleaner or an
owner, officer, or director of the cleaner that was completed within three
years before the date on which the statement is filed or is pending on the
date of filing.  

(b) Requires each cleaner to maintain a copy of the statement in the
cleaner's business records. 

(c)  Requires the cleaner to update the statement when a material change
occurs in the information on file.  

(d) Requires the cleaner to notify the secretary if a legal action relating
to the cleaner's business is brought against the cleaner or an owner,
officer, or director of the cleaner. Specifies how and when the notice must
be given to the secretary. 

SECTION 2.03.  ISSUANCE OF CERTIFICATE OF REGISTRATION.  Requires the
secretary to issue a certificate of registration (certificate) to a cleaner
that files a completed statement and pays the required registration fee. 

SECTION 2.04.  CERTIFICATE OF REGISTRATION NOT TRANSFERABLE.  Sets forth
that a certificate issued under this Act is not transferable. 

SECTION 2.05.  TERM; RENEWAL.  Establishes the date a cleaner's certificate
expires. Authorizes a registrant to renew a certificate before the
expiration date by paying the renewal fee and complying with other renewal
requirements as prescribed by the secretary's rules. Requires the secretary
to issue a renewal certificate to the registrant at the time of the
renewal.  Describes the deadline for the secretary's duty to notify each
registrant in writing. 

SECTION 2.06.  POSTING OF CERTIFICATE AND OTHER INFORMATION.  Requires each
cleaner to post the certificate in a conspicuous place accessible to
clients and prospective clients in the cleaner's principal office.
Requires each registered cleaner to display in the cleaner's principal
office a sign provided by the secretary that contains a statement that the
cleaner is registered with the secretary of state, the mailing address and
telephone number of the secretary, and a statement informing consumers that
a complaint against a registered cleaner may be directed to the secretary. 

SECTION 2.07.  RECORDS.  Requires each registrant to maintain records
relating to the operation of the carpet cleaning business as prescribed by
the secretary's rule. 

ARTICLE 3.  PROHIBITIONS AND RESTRICTIONS

SECTION 3.01.  REPRESENTATIVE. Provides that a representative of a cleaner
includes a salesperson, agent, or other representative of the cleaner, for
purposes of this article. 

SECTION 3.02. ADVERTISING SERVICES WITHOUT FILING REGISTRATION STATEMENT.
Prohibits a cleaner or its representative from advertising the services of
the cleaner unless the cleaner has filed a registration statement.
Provides that an advertisement for the services of a cleaner must contain
the registration number of the certificate. Requires the secretary, by
rule, to adopt regulations and establish standards relating to permissible
forms of advertising by a person registered under this Act. 

SECTION 3.03.  FRAUDULENT OR DECEPTIVE CONDUCT.  Prohibits a cleaner from
directly or indirectly engaging in a fraudulent or deceptive act, practice,
or course of business relating to the offer or sale of carpet cleaning
services.  

 SECTION 3.04.  CAUSING WAIVER PROHIBITED.  Prohibits a cleaner from
attempting to cause a consumer to waive a right under this Act. 

ARTICLE 4.  POWERS AND DUTIES OF SECRETARY OF STATE; ADMINISTRATIVE
ENFORCEMENT  

SECTION 4.01.  ADMINISTRATIVE AND RULEMAKING AUTHORITY.  Requires the
secretary to administer this Act and adopt rules necessary for its
administration. 

SECTION 4.02.  FILING FEE.  Requires the secretary to charge each applicant
for a certificate of registration ($100 fee) and a renewal of a certificate
($50 fee). 

SECTION 4.03.  DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATE OF
REGISTRATION.  Authorizes the secretary to deny, suspend, revoke, or
reinstate a certificate.  Authorizes the secretary, by rule, to establish
grounds for denial, suspension, revocation, or reinstatement of a
certificate.  Requires the secretary, by rule, to establish procedures for
disciplinary actions.  Sets forth that it is a ground for the denial of a
certificate, or the permanent revocation or suspension for a definite
period of a cleaner's certificate, that the person filing a statement or
the certificate holder violated this Act or provided false information on a
statement or other document filed with the secretary under this Act.
Subjects a proceeding relating to the suspension or revocation of a
certificate to Chapter 2001 (Administrative Procedure), Government Code.
Prohibits a person whose certificate has been revoked from applying for a
new certificate before the first anniversary of the date of the revocation. 

ARTICLE 5.  EFFECTIVE DATE; EMERGENCY CLAUSE

SECTION 5.01.  EFFECTIVE DATE.  Effective date: September 1, 1999.

SECTION 5.02.  EMERGENCY.  Emergency clause.