By: Carona H.B. No. 5
73R846 JMM-F
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 the Texas boiler
1-18 inspection law, Chapter 755, Health 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. Sections 4(a), (b), (c), and (d), Air
2-8 Conditioning and Refrigeration Contractor License Law (Article
2-9 8861, Vernon's Texas Civil Statutes), are amended to read as
2-10 follows:
2-11 (a) Air conditioning and refrigeration contractor licenses
2-12 are of three <two> classes:
2-13 (1) a Class A license entitles the licensee to perform
2-14 air conditioning and refrigeration contracting, of each type for
2-15 which the license is endorsed, on systems, products, or equipment
2-16 of any size or capacity; <and>
2-17 (2) a Class B license entitles the licensee to perform
2-18 air conditioning and refrigeration contracting, of each type for
2-19 which the license is endorsed, on systems, products, or equipment
2-20 of not more than 25 tons cooling capacity or of not more than 1.5
2-21 million British thermal units per hour output heating capacity; and
2-22 (3) a Class C license entitles the licensee to perform
2-23 ventilation contracting only.
2-24 (b) Endorsements are of three <two> types:
2-25 (1) an environmental air conditioning endorsement
2-26 entitles the licensee to perform ventilation contracting and air
2-27 conditioning and refrigeration contracting in relation to
3-1 environmental air conditioning within the class of license held;
3-2 <and>
3-3 (2) a commercial refrigeration and process cooling and
3-4 heating endorsement entitles the licensee to perform air
3-5 conditioning and refrigeration contracting in relation to
3-6 commercial refrigeration and process cooling and heating within the
3-7 class of license held; and
3-8 (3) a ventilation endorsement entitles the licensee to
3-9 perform ventilation contracting only.
3-10 (c) Each license shall be endorsed for <either>
3-11 environmental air conditioning, <or> commercial refrigeration and
3-12 process cooling and heating, ventilation, or any combination of the
3-13 three <or both>. For each endorsement the licensee must perform
3-14 satisfactorily on a separate examination related to the
3-15 endorsement. A licensee may not perform under a state license air
3-16 conditioning and refrigeration contracting of a type for which the
3-17 person's license is not endorsed.
3-18 (d) The commissioner shall prescribe separate examinations
3-19 for each class of license and, within each class, as appropriate,
3-20 separate examinations for environmental air conditioning, <and for>
3-21 commercial refrigeration and process cooling and heating, and
3-22 ventilation.
3-23 SECTION 4. Sections 6(a), (f), and (g), Air Conditioning and
3-24 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
3-25 Civil Statutes), are amended to read as follows:
3-26 (a) This Act does not apply to a person who:
3-27 (1) performs air conditioning and refrigeration
4-1 contracting in a building owned solely by him as his home;
4-2 (2) performs <environmental> air conditioning or
4-3 refrigeration maintenance work if (i) the person is a maintenance
4-4 man or maintenance engineer who is a regular bona fide employee of
4-5 the property owner, the property lessee, or the management company
4-6 managing the property where the maintenance work is being
4-7 performed, (ii) the work is performed in connection with the
4-8 business in which the person is employed, and (iii) the person and
4-9 the person's employer referred to in (i) above do not engage in the
4-10 occupation of air conditioning and refrigeration contracting for
4-11 the general public;
4-12 (3) performs air conditioning and refrigeration
4-13 contracting and is regularly employed by a regulated electric or
4-14 gas utility;
4-15 (4) is licensed as a professional engineer under The
4-16 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
4-17 Statutes), performs work in connection with the business in which
4-18 the person is employed, and does not engage in the practice of air
4-19 conditioning and refrigeration contracting for the general public;
4-20 (5) performs process cooling or heating work for an
4-21 industrial operation such as a chemical plant, petrochemical plant,
4-22 refinery, natural gas plant, or natural gas treating plant when
4-23 employed by that operation; or
4-24 (6) performs air conditioning and refrigeration
4-25 contracting on:
4-26 (A) a portable or self-contained ductless
4-27 <environmental> air conditioning or refrigeration product that has
5-1 a cooling capacity of three tons or less;
5-2 (B) a portable or self-contained heating product
5-3 that does not require the forced movement of air outside the
5-4 heating unit; <or>
5-5 (C) environmental air conditioning equipment
5-6 that is intended for temporary use and is not fixed in place; or
5-7 (D) ventilation equipment capable of moving not
5-8 more than 300 cubic feet of air per minute.
5-9 (f) This article does not apply to a person or firm that is
5-10 registered as a manufacturer, retailer, or installer and regulated
5-11 pursuant to the Texas Manufactured Housing Standards Act (Article
5-12 5221f, Vernon's Texas Civil Statutes) and that engages exclusively
5-13 in air conditioning and refrigeration contracting for manufactured
5-14 homes in the installation of manufactured homes or in providing
5-15 retailer or manufacturer warranty services free of charge.
5-16 (g) A person who assists in the performance of air
5-17 conditioning and refrigeration contracting work under the
5-18 supervision of a licensee is not required to be licensed <by a
5-19 municipality>.
5-20 SECTION 5. This Act takes effect September 1, 1993.
5-21 SECTION 6. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.