73R2490 JMM-F
By Carona H.B. No. 5
Substitute the following for H.B. No. 5:
By Kubiak C.S.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, Air Conditioning and Refrigeration
1-6 Contractor License Law (Article 8861, Vernon's Texas Civil
1-7 Statutes), is amended by amending Subdivision (7) and adding
1-8 Subdivisions (14) and (15) to read as follows:
1-9 (7) "Air <Environmental air> conditioning and
1-10 refrigeration maintenance work" means repair work and all other
1-11 work required for the continued normal performance of an
1-12 environmental air conditioning system, commercial refrigeration
1-13 system or equipment, or process cooling or heating system. The
1-14 term does not include the installation of a total replacement of
1-15 the system or the installation of boilers or pressure vessels that
1-16 must be installed by licensed persons pursuant to rules and
1-17 regulations adopted by the commissioner under Chapter 755, Health
1-18 and Safety Code.
1-19 (14) "Ventilation" means the circulation of air, other
1-20 than for heating or cooling, to remove solid, liquid, and vaporous
1-21 impurities.
1-22 (15) "Ventilation contracting" means the design,
1-23 installation, construction, maintenance, or alteration of
1-24 ventilation systems.
2-1 SECTION 2. Section 3, Air Conditioning and Refrigeration
2-2 Contractor License Law (Article 8861, Vernon's Texas Civil
2-3 Statutes), is amended by adding Subsection (l) to read as follows:
2-4 (l) The department may contract with another state agency or
2-5 a political subdivision of the state for the enforcement of this
2-6 Act and the rules adopted by the commissioner under this Act.
2-7 SECTION 3. The Air Conditioning and Refrigeration Contractor
2-8 License Law (Article 8861, Vernon's Texas Civil Statutes) is
2-9 amended by adding Section 3B to read as follows:
2-10 Sec. 3B. LICENSE REQUIRED. Unless the person is exempted
2-11 under Section 6 of this Act, a person may not perform air
2-12 conditioning and refrigeration contracting without a license under
2-13 this Act.
2-14 SECTION 4. Sections 4(a), (b), (c), and (d), Air
2-15 Conditioning and Refrigeration Contractor License Law (Article
2-16 8861, Vernon's Texas Civil Statutes), are amended to read as
2-17 follows:
2-18 (a) Air conditioning and refrigeration contractor licenses
2-19 are of three <two> classes:
2-20 (1) a Class A license entitles the licensee to perform
2-21 air conditioning and refrigeration contracting, of each type for
2-22 which the license is endorsed, on systems, products, or equipment
2-23 of any size or capacity; <and>
2-24 (2) a Class B license entitles the licensee to perform
2-25 air conditioning and refrigeration contracting, of each type for
2-26 which the license is endorsed, on systems, products, or equipment
2-27 of not more than 25 tons cooling capacity or of not more than 1.5
3-1 million British thermal units per hour output heating capacity; and
3-2 (3) a Class C license entitles the licensee to perform
3-3 ventilation contracting only.
3-4 (b) Endorsements are of three <two> types:
3-5 (1) an environmental air conditioning endorsement
3-6 entitles the licensee to perform ventilation contracting and air
3-7 conditioning and refrigeration contracting in relation to
3-8 environmental air conditioning within the class of license held;
3-9 <and>
3-10 (2) a commercial refrigeration and process cooling and
3-11 heating endorsement entitles the licensee to perform air
3-12 conditioning and refrigeration contracting in relation to
3-13 commercial refrigeration and process cooling and heating within the
3-14 class of license held; and
3-15 (3) a ventilation endorsement entitles the licensee to
3-16 perform ventilation contracting only.
3-17 (c) Each license shall be endorsed for <either>
3-18 environmental air conditioning, <or> commercial refrigeration and
3-19 process cooling and heating, ventilation, or any combination of the
3-20 three <or both>. For each endorsement the licensee must perform
3-21 satisfactorily on a separate examination related to the
3-22 endorsement. A licensee may not perform under a state license air
3-23 conditioning and refrigeration contracting of a type for which the
3-24 person's license is not endorsed.
3-25 (d) The commissioner shall prescribe separate examinations
3-26 for each class of license and, within each class, as appropriate,
3-27 separate examinations for environmental air conditioning, <and for>
4-1 commercial refrigeration and process cooling and heating, and
4-2 ventilation.
4-3 SECTION 5. Sections 6(a), (f), and (g), Air Conditioning and
4-4 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
4-5 Civil Statutes), are amended to read as follows:
4-6 (a) This Act does not apply to a person who:
4-7 (1) performs air conditioning and refrigeration
4-8 contracting in a building owned solely by him as his home;
4-9 (2) performs <environmental> air conditioning or
4-10 refrigeration maintenance work if (i) the person is a maintenance
4-11 man or maintenance engineer who is a regular bona fide employee of
4-12 the property owner, the property lessee, or the management company
4-13 managing the property where the maintenance work is being
4-14 performed, (ii) the work is performed in connection with the
4-15 business in which the person is employed, and (iii) the person and
4-16 the person's employer referred to in (i) above do not engage in the
4-17 occupation of air conditioning and refrigeration contracting for
4-18 the general public;
4-19 (3) performs air conditioning and refrigeration
4-20 contracting and is regularly employed by a regulated electric or
4-21 gas utility;
4-22 (4) is licensed as a professional engineer under The
4-23 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
4-24 Statutes), performs work in connection with the business in which
4-25 the person is employed, and does not engage in the practice of air
4-26 conditioning and refrigeration contracting for the general public;
4-27 (5) performs process cooling or heating work for an
5-1 industrial operation such as a chemical plant, petrochemical plant,
5-2 refinery, natural gas plant, or natural gas treating plant when
5-3 employed by that operation; or
5-4 (6) performs air conditioning and refrigeration
5-5 contracting on:
5-6 (A) a portable or self-contained ductless
5-7 <environmental> air conditioning or refrigeration product that has
5-8 a cooling capacity of three tons or less;
5-9 (B) a portable or self-contained heating product
5-10 that does not require the forced movement of air outside the
5-11 heating unit; <or>
5-12 (C) environmental air conditioning equipment
5-13 that is intended for temporary use and is not fixed in place; or
5-14 (D) ventilation equipment capable of moving not
5-15 more than 300 cubic feet of air per minute.
5-16 (f) This article does not apply to a person or firm that is
5-17 registered as a manufacturer, retailer, or installer and regulated
5-18 pursuant to the Texas Manufactured Housing Standards Act (Article
5-19 5221f, Vernon's Texas Civil Statutes) and that engages exclusively
5-20 in air conditioning and refrigeration contracting for manufactured
5-21 homes in the installation of manufactured homes or in providing
5-22 retailer or manufacturer warranty services free of charge.
5-23 (g) A person who assists in the performance of air
5-24 conditioning and refrigeration contracting work under the
5-25 supervision of a licensee is not required to be licensed <by a
5-26 municipality>.
5-27 SECTION 6. This Act takes effect September 1, 1993.
6-1 SECTION 7. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.