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.