By Carona H.B. No. 5
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of air conditioning and refrigeration
1-3 contractors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2(7), Air Conditioning and Refrigeration
1-6 Contractor License Law (Article 8861, Vernon's Texas Civil
1-7 Statutes), is amended to read as follows:
1-8 (7) "Air <Environmental air> conditioning and
1-9 refrigeration maintenance work" means repair work and all other
1-10 work required for the continued normal performance of an
1-11 environmental air conditioning system, commercial refrigeration
1-12 system or equipment, or process cooling or heating system. The
1-13 term does not include the installation of a total replacement of
1-14 the system or the installation of boilers or pressure vessels that
1-15 must be installed by licensed persons pursuant to rules and
1-16 regulations adopted by the commissioner under Chapter 755, Health
1-17 and Safety Code.
1-18 SECTION 2. Section 3, Air Conditioning and Refrigeration
1-19 Contractor License Law (Article 8861, Vernon's Texas Civil
1-20 Statutes), is amended by adding Subsection (l) to read as follows:
1-21 (l) The department may contract with another state agency or
1-22 a political subdivision of the state for the enforcement of this
1-23 Act and the rules adopted by the commissioner under this Act.
1-24 SECTION 3. The Air Conditioning and Refrigeration Contractor
2-1 License Law (Article 8861, Vernon's Texas Civil Statutes) is
2-2 amended by adding Section 3B to read as follows:
2-3 Sec. 3B. LICENSE REQUIRED. Unless the person is exempted
2-4 under Section 6 of this Act, a person may not perform air
2-5 conditioning and refrigeration contracting without a license under
2-6 this Act.
2-7 SECTION 4. Sections 6(a), (f), and (g), Air Conditioning and
2-8 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
2-9 Civil Statutes), are amended to read as follows:
2-10 (a) This Act does not apply to a person who:
2-11 (1) performs air conditioning and refrigeration
2-12 contracting in a building owned solely by him as his home;
2-13 (2) performs <environmental> air conditioning or
2-14 refrigeration maintenance work if (i) the person is a maintenance
2-15 man or maintenance engineer who is a regular bona fide employee of
2-16 the property owner, the property lessee, or the management company
2-17 managing the property where the maintenance work is being
2-18 performed, (ii) the work is performed in connection with the
2-19 business in which the person is employed, and (iii) the person and
2-20 the person's employer referred to in (i) above do not engage in the
2-21 occupation of air conditioning and refrigeration contracting for
2-22 the general public;
2-23 (3) performs air conditioning and refrigeration
2-24 contracting and is regularly employed by a regulated electric or
2-25 gas utility;
2-26 (4) is licensed as a professional engineer under The
2-27 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
3-1 Statutes), performs work in connection with the business in which
3-2 the person is employed, and does not engage in the practice of air
3-3 conditioning and refrigeration contracting for the general public;
3-4 (5) performs process cooling or heating work for an
3-5 industrial operation such as a chemical plant, petrochemical plant,
3-6 refinery, natural gas plant, or natural gas treating plant when
3-7 employed by that operation; <or>
3-8 (6) performs air conditioning and refrigeration
3-9 contracting on:
3-10 (A) a portable or self-contained ductless
3-11 <environmental> air conditioning or refrigeration product that has
3-12 a cooling capacity of three tons or less;
3-13 (B) a portable or self-contained heating product
3-14 that does not require the forced movement of air outside the
3-15 heating unit; or
3-16 (C) environmental air conditioning equipment
3-17 that is intended for temporary use and is not fixed in place; or
3-18 (7) performs air conditioning services only on a motor
3-19 vehicle air conditioning unit or who employs a person who performs
3-20 air conditioning services only on a motor vehicle air conditioning
3-21 unit.
3-22 (f) This article does not apply to a person or firm that is
3-23 registered as a manufacturer, retailer, or installer and regulated
3-24 pursuant to the Texas Manufactured Housing Standards Act (Article
3-25 5221f, Vernon's Texas Civil Statutes) and that engages exclusively
3-26 in air conditioning and refrigeration contracting for manufactured
3-27 homes in the installation of manufactured homes or in providing
4-1 retailer or manufacturer warranty services free of charge.
4-2 (g) A person who assists in the performance of air
4-3 conditioning and refrigeration contracting work under the
4-4 supervision of a licensee is not required to be licensed <by a
4-5 municipality>.
4-6 SECTION 5. This Act takes effect September 1, 1993.
4-7 SECTION 6. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.