74R9984 MRB-D
By Carona H.B. No. 796
Substitute the following for H.B. No. 796:
By Yarbrough C.S.H.B. No. 796
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of air conditioning and refrigeration
1-3 contractors; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 2(7) and (9), Air Conditioning and
1-6 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
1-7 Civil Statutes), are amended to read as follows:
1-8 (7) "Air conditioning and refrigeration maintenance
1-9 work" means repair work and all other work required for the
1-10 continued normal performance of an environmental air conditioning
1-11 system, commercial refrigeration system or equipment, or process
1-12 cooling or heating system. The term does not include the
1-13 installation of a total replacement of the system or the
1-14 installation or repair of boilers or pressure vessels <that must be
1-15 installed by licensed persons pursuant to rules and regulations
1-16 adopted by the commissioner> under Chapter 755, Health and Safety
1-17 Code.
1-18 (9) "Air conditioning and refrigeration contracting"
1-19 means the design, installation, construction, maintenance,
1-20 service, repair, alteration, or modification of a product or of
1-21 equipment in environmental air conditioning, commercial
1-22 refrigeration, or process cooling or heating systems. The term
1-23 includes cleaning equipment and duct materials as required for the
1-24 proper operation of such a system.
2-1 SECTION 2. Section 3(e), Air Conditioning and Refrigeration
2-2 Contractor License Law (Article 8861, Vernon's Texas Civil
2-3 Statutes), is amended to read as follows:
2-4 (e) The commissioner shall prescribe the method and content
2-5 of examinations administered under this Act and shall set
2-6 compliance requirements for the examinations. The examinations
2-7 <shall be offered only in Travis County and> shall be offered on a
2-8 quarterly basis at locations designated by the commissioner.
2-9 SECTION 3. Section 3A, Air Conditioning and Refrigeration
2-10 Contractor License Law (Article 8861, Vernon's Texas Civil
2-11 Statutes), is amended by adding Subsection (i) to read as follows:
2-12 (i) Section 8, Article 6252-33, Revised Statutes, does not
2-13 apply to the advisory board.
2-14 SECTION 4. Section 3B, Air Conditioning and Refrigeration
2-15 Contractor License Law (Article 8861, Vernon's Texas Civil
2-16 Statutes), is amended to read as follows:
2-17 Sec. 3B. LICENSE REQUIRED; CITATION. (a) Unless the person
2-18 is exempted under Section 6 of this Act, a person may not perform
2-19 air conditioning and refrigeration contracting without a license
2-20 under this Act.
2-21 (b) A representative of the department or a municipal
2-22 official may issue a citation to a person who performs air
2-23 conditioning and refrigeration contracting without a license issued
2-24 under this Act. To the extent authorized by Chapter 29, Government
2-25 Code, the municipal court has concurrent jurisdiction with a
2-26 justice court of a precinct in which the municipality is located in
2-27 a case arising from a citation issued under this subsection.
3-1 SECTION 5. The Air Conditioning and Refrigeration Contractor
3-2 License Law (Article 8861, Vernon's Texas Civil Statutes) is
3-3 amended by adding Section 3C to read as follows:
3-4 Sec. 3C. ENFORCEMENT OF CONTRACTS. (a) A person who
3-5 performs air conditioning and refrigeration contracting without
3-6 holding the appropriate license under this Act may not collect a
3-7 fee or otherwise enforce a contract for the services performed. To
3-8 enforce a contract for the performance of air conditioning and
3-9 refrigeration contracting, the person who performs the services
3-10 must present proof that the person holds a license under this Act
3-11 at the time the contract is signed and the work performed.
3-12 (b) The commissioner shall adopt rules relating to the
3-13 manner in which proof may be presented under this section.
3-14 SECTION 6. Sections 4(f) and (g), Air Conditioning and
3-15 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
3-16 Civil Statutes), are amended to read as follows:
3-17 (f) The application must be made on a form prescribed by the
3-18 commissioner and must specify the class of license and each
3-19 endorsement the applicant seeks. The application must be verified
3-20 and must be accompanied by:
3-21 (1) <evidence of the insurance coverage required under
3-22 this Act;>
3-23 <(2)> a statement of the applicant's practical
3-24 experience; and
3-25 (2) <(3)> the examination fee.
3-26 (g) The commissioner shall issue an air conditioning and
3-27 refrigeration contractor license to an applicant who possesses the
4-1 required qualifications, passes the appropriate examinations,
4-2 furnishes evidence of the insurance coverage required under this
4-3 Act, and pays the <examination fee and the> original license fee
4-4 required by this Act. An applicant who fails an examination is
4-5 eligible for reexamination.
4-6 SECTION 7. Section 8, Air Conditioning and Refrigeration
4-7 Contractor License Law (Article 8861, Vernon's Texas Civil
4-8 Statutes), is amended to read as follows:
4-9 Sec. 8. PENALTY. Except as provided in Section 9, a person
4-10 commits an offense if the person knowingly or intentionally engages
4-11 in air conditioning and refrigeration contracting without a license
4-12 issued under this Act. An offense under this section is a Class A
4-13 <B> misdemeanor.
4-14 SECTION 8. (a) The change in law made to Section 8, Air
4-15 Conditioning and Refrigeration Contractor License Law (Article
4-16 8861, Vernon's Texas Civil Statutes), by this Act applies only to
4-17 an offense committed on or after the effective date of this Act.
4-18 For purposes of this section, an offense is committed before the
4-19 effective date of this Act if any element of the offense occurs
4-20 before that date.
4-21 (b) An offense committed before the effective date of this
4-22 Act is governed by the law in effect when the offense was
4-23 committed, and the former law is continued in effect for that
4-24 purpose.
4-25 SECTION 9. (a) This Act takes effect September 1, 1995.
4-26 (b) Not later than December 31, 1995, the commissioner of
4-27 licensing and regulation shall adopt rules as required by Section
5-1 3C, Air Conditioning and Refrigeration Contractor License Law
5-2 (Article 8861, Vernon's Texas Civil Statutes), as added by this
5-3 Act.
5-4 SECTION 10. 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.