1-1 By: Carona (Senate Sponsor - Henderson) H.B. No. 5
1-2 (In the Senate - Received from the House March 24, 1993;
1-3 March 25, 1993, read first time and referred to Committee on State
1-4 Affairs; April 26, 1993, reported favorably by the following vote:
1-5 Yeas 12, Nays 0; April 26, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the regulation of air conditioning and refrigeration
1-24 contractors.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 2(7), Air Conditioning and Refrigeration
1-27 Contractor License Law (Article 8861, Vernon's Texas Civil
1-28 Statutes), is amended to read as follows:
1-29 (7) "Air <Environmental air> conditioning and
1-30 refrigeration maintenance work" means repair work and all other
1-31 work required for the continued normal performance of an
1-32 environmental air conditioning system, commercial refrigeration
1-33 system or equipment, or process cooling or heating system. The
1-34 term does not include the installation of a total replacement of
1-35 the system or the installation of boilers or pressure vessels that
1-36 must be installed by licensed persons pursuant to rules and
1-37 regulations adopted by the commissioner under Chapter 755, Health
1-38 and Safety Code.
1-39 SECTION 2. Section 3, Air Conditioning and Refrigeration
1-40 Contractor License Law (Article 8861, Vernon's Texas Civil
1-41 Statutes), is amended by adding Subsection (l) to read as follows:
1-42 (l) The department may contract with another state agency or
1-43 a political subdivision of the state for the enforcement of this
1-44 Act and the rules adopted by the commissioner under this Act.
1-45 SECTION 3. The Air Conditioning and Refrigeration Contractor
1-46 License Law (Article 8861, Vernon's Texas Civil Statutes) is
1-47 amended by adding Section 3B to read as follows:
1-48 Sec. 3B. LICENSE REQUIRED. Unless the person is exempted
1-49 under Section 6 of this Act, a person may not perform air
1-50 conditioning and refrigeration contracting without a license under
1-51 this Act.
1-52 SECTION 4. Sections 6(a), (f), and (g), Air Conditioning and
1-53 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
1-54 Civil Statutes), are amended to read as follows:
1-55 (a) This Act does not apply to a person who:
1-56 (1) performs air conditioning and refrigeration
1-57 contracting in a building owned solely by him as his home;
1-58 (2) performs <environmental> air conditioning or
1-59 refrigeration maintenance work if (i) the person is a maintenance
1-60 man or maintenance engineer who is a regular bona fide employee of
1-61 the property owner, the property lessee, or the management company
1-62 managing the property where the maintenance work is being
1-63 performed, (ii) the work is performed in connection with the
1-64 business in which the person is employed, and (iii) the person and
1-65 the person's employer referred to in (i) above do not engage in the
1-66 occupation of air conditioning and refrigeration contracting for
1-67 the general public;
1-68 (3) performs air conditioning and refrigeration
2-1 contracting and is regularly employed by a regulated electric or
2-2 gas utility;
2-3 (4) is licensed as a professional engineer under The
2-4 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
2-5 Statutes), performs work in connection with the business in which
2-6 the person is employed, and does not engage in the practice of air
2-7 conditioning and refrigeration contracting for the general public;
2-8 (5) performs process cooling or heating work for an
2-9 industrial operation such as a chemical plant, petrochemical plant,
2-10 refinery, natural gas plant, or natural gas treating plant when
2-11 employed by that operation; <or>
2-12 (6) performs air conditioning and refrigeration
2-13 contracting on:
2-14 (A) a portable or self-contained ductless
2-15 <environmental> air conditioning or refrigeration product that has
2-16 a cooling capacity of three tons or less;
2-17 (B) a portable or self-contained heating product
2-18 that does not require the forced movement of air outside the
2-19 heating unit; or
2-20 (C) environmental air conditioning equipment
2-21 that is intended for temporary use and is not fixed in place; or
2-22 (7) performs air conditioning services only on a motor
2-23 vehicle air conditioning unit or who employs a person who performs
2-24 air conditioning services only on a motor vehicle air conditioning
2-25 unit.
2-26 (f) This article does not apply to a person or firm that is
2-27 registered as a manufacturer, retailer, or installer and regulated
2-28 pursuant to the Texas Manufactured Housing Standards Act (Article
2-29 5221f, Vernon's Texas Civil Statutes) and that engages exclusively
2-30 in air conditioning and refrigeration contracting for manufactured
2-31 homes in the installation of manufactured homes or in providing
2-32 retailer or manufacturer warranty services free of charge.
2-33 (g) A person who assists in the performance of air
2-34 conditioning and refrigeration contracting work under the
2-35 supervision of a licensee is not required to be licensed <by a
2-36 municipality>.
2-37 SECTION 5. This Act takes effect September 1, 1993.
2-38 SECTION 6. The importance of this legislation and the
2-39 crowded condition of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended.
2-43 * * * * *
2-44 Austin,
2-45 Texas
2-46 April 26, 1993
2-47 Hon. Bob Bullock
2-48 President of the Senate
2-49 Sir:
2-50 We, your Committee on State Affairs to which was referred H.B.
2-51 No. 5, have had the same under consideration, and I am instructed
2-52 to report it back to the Senate with the recommendation that it do
2-53 pass and be printed.
2-54 Harris of
2-55 Dallas, Chairman
2-56 * * * * *
2-57 WITNESSES
2-58 FOR AGAINST ON
2-59 ___________________________________________________________________
2-60 Name: Glynn Martin x
2-61 Representing: Air Conditioning Council
2-62 City: Houston
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2-64 Name: Nancy Jones x
2-65 Representing: Tx Air Conditioning Contract
2-66 City: Austin
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2-68 Name: Dub Donaldson x
2-69 Representing: Tx Merchandise Vending Assn
2-70 City: Austin
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