By Carona H.B. No. 2682
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of ventilation contractors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Air Conditioning and Refrigeration
1-5 Contractor License Law (Article 8861, Vernon's Texas Civil
1-6 Statutes), is amended by adding Subdivisions (14) and (15) to read
1-7 as follows:
1-8 (14) "Ventilation" means the circulation of air, other
1-9 than for heating or cooling, to remove solid, liquid, and vaporous
1-10 impurities.
1-11 (15) "Ventilation contracting" means the design,
1-12 installation, construction, maintenance, or alteration of
1-13 ventilation systems.
1-14 SECTION 2. Sections 4(a), (b), (c), and (d), Air
1-15 Conditioning and Refrigeration Contractor License Law (Article
1-16 8861, Vernon's Texas Civil Statutes), are amended to read as
1-17 follows:
1-18 (a) Air conditioning and refrigeration contractor licenses
1-19 are of three <two> classes:
1-20 (1) a Class A license entitles the licensee to perform
1-21 air conditioning and refrigeration contracting, of each type for
1-22 which the license is endorsed, on systems, products, or equipment
1-23 of any size or capacity; <and>
2-1 (2) a Class B license entitles the licensee to perform
2-2 air conditioning and refrigeration contracting, of each type for
2-3 which the license is endorsed, on systems, products, or equipment
2-4 of not more than 25 tons cooling capacity or of not more than 1.5
2-5 million British thermal units per hour output heating capacity; and
2-6 (3) a Class C license entitles the licensee to perform
2-7 ventilation contracting only.
2-8 (b) Endorsements are of three <two> types:
2-9 (1) an environmental air conditioning endorsement
2-10 entitles the licensee to perform ventilation contracting and air
2-11 conditioning and refrigeration contracting in relation to
2-12 environmental air conditioning within the class of license held;
2-13 <and>
2-14 (2) a commercial refrigeration and process cooling and
2-15 heating endorsement entitles the licensee to perform air
2-16 conditioning and refrigeration contracting in relation to
2-17 commercial refrigeration and process cooling and heating within the
2-18 class of license held; and
2-19 (3) a ventilation endorsement entitles the licensee to
2-20 perform only ventilation contracting.
2-21 (c) Each license shall be endorsed for <either>
2-22 environmental air conditioning, <or> commercial refrigeration and
2-23 process cooling and heating, ventilation, or any combination of the
2-24 three <or both>. For each endorsement the licensee must perform
2-25 satisfactorily on a separate examination related to the
3-1 endorsement. A licensee may not perform under a state license air
3-2 conditioning and refrigeration contracting of a type for which the
3-3 person's license is not endorsed.
3-4 (d) The commissioner shall prescribe separate examinations
3-5 for each class of license and, within each class, as appropriate,
3-6 separate examinations for environmental air conditioning, <and for>
3-7 commercial refrigeration and process cooling and heating, and
3-8 ventilation.
3-9 SECTION 3. Sections 6(a) and (g), Air Conditioning and
3-10 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
3-11 Civil Statutes), are amended to read as follows:
3-12 (a) This Act does not apply to a person who:
3-13 (1) performs air conditioning and refrigeration
3-14 contracting in a building owned solely by him as his home;
3-15 (2) performs environmental air conditioning
3-16 maintenance work if (i) the person is a maintenance man or
3-17 maintenance engineer who is a regular bona fide employee of the
3-18 property owner, the property lessee, or the management company
3-19 managing the property where the maintenance work is being
3-20 performed, (ii) the work is performed in connection with the
3-21 business in which the person is employed, and (iii) the person and
3-22 the person's employer referred to in (i) above do not engage in the
3-23 occupation of air conditioning and refrigeration contracting for
3-24 the general public;
3-25 (3) performs air conditioning and refrigeration
4-1 contracting and is regularly employed by a regulated electric or
4-2 gas utility;
4-3 (4) is licensed as a professional engineer under The
4-4 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
4-5 Statutes), performs work in connection with the business in which
4-6 the person is employed, and does not engage in the practice of air
4-7 conditioning and refrigeration contracting for the general public;
4-8 (5) performs process cooling or heating work for an
4-9 industrial operation such as a chemical plant, petrochemical plant,
4-10 refinery, natural gas plant, or natural gas treating plant when
4-11 employed by that operation; or
4-12 (6) performs air conditioning and refrigeration
4-13 contracting on:
4-14 (A) a portable or self-contained ductless
4-15 environmental air conditioning product that has a cooling capacity
4-16 of three tons or less;
4-17 (B) a portable or self-contained heating product
4-18 that does not require the forced movement of air outside the
4-19 heating unit; <or>
4-20 (C) environmental air conditioning equipment
4-21 that is intended for temporary use and is not fixed in place; or
4-22 (D) ventilation equipment capable of moving not
4-23 more than 300 cubic feet of air per minute.
4-24 (g) A person who assists in the performance of air
4-25 conditioning and refrigeration contracting work under the
5-1 supervision of a licensee is not required to be licensed <by a
5-2 municipality>.
5-3 SECTION 4. This Act takes effect September 1, 1993.
5-4 SECTION 5. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.