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ORDINANCE NO. 2012 - 21 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS AMENDING SECTION 14.372 (A) OF THE <br />SAN MARCOS CITY CODE TO EXEMPT HOMEOWNERS FROM <br />THE REQUIREMENT TO HAVE A LOCAL CONTRACTOR'S <br />LICENSE WHEN THE OWNER USES OTHER PERSONS TO <br />PERFORM CONSTRUCTION WORK IN OR ON THE <br />HOMEOWNER'S EXISTING RESIDENCE; INCLUDING <br />PROCEDURAL PROVISIONS; AND DECLARING AN <br />EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS: <br />SECTION 1. Section 14.372 (a) of the San Marcos City Code is amended as <br />follows (underlining indicates added text): <br />Sec. 14.372. - License required; exceptions. <br />(a) It is unlawful for any person to perform construction work subject <br />to this article unless the person is licensed as a contractor or is exempt under one <br />of the following: <br />(1) A maintenance person may perform maintenance work only upon <br />property owned by the person's employer. A maintenance person <br />who performs work upon the property of more than one (1) <br />property owner is deemed to be performing work for the general <br />public and shall be licensed as a city residential or general <br />contractor. <br />(2) A property owner may perform construction work with the owner's <br />own hands or use other persons to perform construction work in/on <br />an existing residence owned and occupied by the owner as his <br />homestead. Such other persons performing work for the property <br />owner shall, however, be subject to applicable licensing <br />requirements under state law. All work is subject to permit, <br />inspection and approval in accordance with this chapter. <br />(3) An approved authorized single representative of a political <br />subdivision. Each subdivision is authorized to submit one (1) <br />person to serve as general representative for projects under eight <br />thousand dollars ($8,000.00) for purposes of permitting. This <br />exception does not authorize work outside the political subdivision <br />unless the person holds a general contractors license under this <br />section. <br />