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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of air conditioning and refrigeration |
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contracting, including eligibility for an air conditioning and |
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refrigeration technician registration or certification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1302.002(5-c), Occupations Code, is |
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amended to read as follows: |
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(5-c) "Certification training program" means: |
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(A) a career and technology education program |
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described by Section 1302.5037; or |
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(B) a program of education and training that[: |
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[(A)] is accepted or approved by the |
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department[;] and |
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[(B)] consists of at least 2,000 hours of a |
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combination of: |
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(i) classroom instruction: |
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(a) at a secondary school; |
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(b) at an institution of higher |
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education, as defined by Section 61.003, Education Code; or |
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(c) in an apprenticeship program |
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accepted by the department; and |
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(ii) practical experience in air |
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conditioning and refrigeration-related work under the supervision |
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of a licensed air conditioning and refrigeration contractor. |
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SECTION 2. Subchapter C, Chapter 1302, Occupations Code, is |
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amended by adding Section 1302.1015 to read as follows: |
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Sec. 1302.1015. RULES REGARDING RENEWAL FEE AND CONTINUING |
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EDUCATION EXEMPTIONS FOR CERTAIN LICENSE OR CERTIFICATION HOLDERS. |
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The commission shall adopt rules waiving any applicable renewal fee |
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and providing for a reduction in the number of hours of continuing |
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education required to renew an air conditioning and refrigeration |
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contractor license or air conditioning and refrigeration |
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technician certification for a person who provides instruction in a |
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career and technology education program described by Section |
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1302.5037. |
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SECTION 3. Section 1302.502, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.502. EXEMPTION FOR CERTAIN STUDENTS. A person is |
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not required to be registered or certified under this subchapter to |
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act or offer to act as an air conditioning and refrigeration |
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technician if the person: |
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(1) is a student in a certification training program |
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who acts or offers to act as an air conditioning and refrigeration |
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technician solely as part of the program; and |
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(2) is[: |
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[(A) younger than 18 years of age; or |
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[(B)] enrolled at a secondary school or an |
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institution of higher education, as that term is defined by Section |
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1302.5037. |
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SECTION 4. Section 1302.503, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.503. SUPERVISION REQUIREMENTS FOR TECHNICIANS |
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AND MINORS. (a) An air conditioning and refrigeration technician |
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must be supervised by an air conditioning and refrigeration |
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contractor licensed under this chapter. |
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(b) A person who is younger than 18 years of age and acting |
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or offering to act as an air conditioning and refrigeration |
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technician must at all times work under the direct supervision of a |
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licensed air conditioning and refrigeration contractor or a |
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certified air conditioning and refrigeration technician. |
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SECTION 5. Section 1302.5035(a), Occupations Code, is |
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amended to read as follows: |
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(a) An applicant for a technician registration under this |
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subchapter must be at least 16 [18] years old. |
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SECTION 6. Section 1302.5036, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.5036. CERTIFICATION ELIGIBILITY REQUIREMENTS. |
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To be eligible for an air conditioning and refrigeration technician |
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certification, an applicant must: |
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(1) be at least 18 years old; |
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(2) have completed: |
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(A) [in the preceding 48 months] a certification |
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training program; or |
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(B) 24 months of air conditioning and |
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refrigeration-related work: |
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(i) under the supervision of a licensed air |
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conditioning and refrigeration contractor; or |
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(ii) as part of the applicant's military |
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occupational specialty within the armed forces of the United |
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States; and |
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(3) have passed a competency examination |
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administered, recognized, or accepted by the department. |
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SECTION 7. Subchapter K, Chapter 1302, Occupations Code, is |
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amended by adding Section 1302.5037 to read as follows: |
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Sec. 1302.5037. CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR |
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TECHNICIAN CERTIFICATION; INSTRUCTORS. (a) In this section: |
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(1) "Career and technology education program" means: |
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(A) a career and technology education program |
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under Subchapter F, Chapter 29, Education Code; or |
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(B) a program determined by the department to be |
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similar to that described by Paragraph (A) and offered by: |
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(i) an institution of higher education; or |
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(ii) a private school, as defined by |
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Section 5.001, Education Code. |
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(2) "Institution of higher education" means an |
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institution of higher education or a private or independent |
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institution of higher education, as those terms are defined by |
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Section 61.003, Education Code. |
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(b) The department shall recognize a career and technology |
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education program as a certification training program for purposes |
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of Section 1302.5036. |
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(c) The commission by rule shall establish standards for the |
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essential knowledge and skills of a career and technology education |
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program described by Subsection (a), subject to the approval of the |
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State Board of Education if the courses are to be offered in a high |
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school. The rules must: |
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(1) require the program to consist of an appropriate |
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number of hours of classroom instruction and a practical component; |
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and |
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(2) provide for crediting appropriate on-the-job |
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training toward meeting the requirements of the practical |
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component. |
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(d) A person may not provide instruction in a career and |
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technology education program unless the person is: |
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(1) a licensed air conditioning and refrigeration |
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contractor; or |
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(2) a certified air conditioning and refrigeration |
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technician whose certification was issued on or after September 1, |
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2018. |
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(e) A career and technology education program offered by an |
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institution of higher education may not be more stringent than a |
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program offered by a public high school. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the Texas Commission of Licensing and Regulation shall |
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adopt rules necessary to implement the changes in law made by this |
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Act to Chapter 1302, Occupations Code. |
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SECTION 9. In developing the initial standards for the |
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career and technology education program under Section |
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1302.5037(c), Occupations Code, as added by this Act, the Texas |
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Commission of Licensing and Regulation shall consult with Texas |
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State Technical College and relevant interest groups in the air |
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conditioning and refrigeration industry. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |