BILL ANALYSIS S.B. 266 By: Armbrister State Affairs 2-15-95 Committee Report (Amended) BACKGROUND Employees of industrial operations have always been exempt from the regulation of air conditioning and refrigeration contractors. Recent interpretations by the Air Conditioning Contractor Licensing Board (board), however, have questioned whether maintenance contractors employed by the industrial operation working on the secured premises of and in conformity with the safety and engineering standards of the industrial operation are also exempt. Since maintenance contractors are customarily carefully screened before working on plant equipment, and are subject to the same plant safety regulations as employees, some members of the industry have suggested that they are and should be exempt from the provisions of the law. In addition, much of the work performed by maintenance and other contractors involves specialized work not covered by current testing or the study materials suggested by the board. PURPOSE As proposed, S.B. 266 exempts certain individuals from the regulation of air conditioning and refrigeration contractors. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 6(a), Article 8861, V.T.C.S. (Air Conditioning and Refrigeration Contractor License Law), to provide that a person who performs process cooling or heating work for and on the premises of an industrial operation to which the general public is not routinely granted access is exempt from the regulation of air conditioning and refrigeration contractors, rather than exempt only when the person is employed by that operation. Defines "industrial operation." SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.