By Carona H.B. No. 796
74R3763 PB-D
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. Section 2(7), Air Conditioning and Refrigeration
1-6 Contractor License Law (Article 8861, Vernon's Texas Civil
1-7 Statutes), is 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 includes the cleaning of
1-13 equipment and duct materials required for the proper operation of
1-14 such a system. The term does not include the installation of a
1-15 total replacement of the system or the installation or repair of
1-16 boilers or pressure vessels <that must be installed by licensed
1-17 persons pursuant to rules and regulations adopted by the
1-18 commissioner> under Chapter 755, Health and Safety Code.
1-19 SECTION 2. Section 3(e), Air Conditioning and Refrigeration
1-20 Contractor License Law (Article 8861, Vernon's Texas Civil
1-21 Statutes), is amended to read as follows:
1-22 (e) The commissioner shall prescribe the method and content
1-23 of examinations administered under this Act and shall set
1-24 compliance requirements for the examinations. The examinations
2-1 <shall be offered only in Travis County and> shall be offered on a
2-2 quarterly basis at locations designated by the commissioner.
2-3 SECTION 3. Section 3A, Air Conditioning and Refrigeration
2-4 Contractor License Law (Article 8861, Vernon's Texas Civil
2-5 Statutes), is amended by amending Subsections (b), (c), and (e) and
2-6 adding Subsection (i) to read as follows:
2-7 (b) The advisory board is composed of six members, appointed
2-8 by the commissioner, <governor with the advice and consent of the
2-9 senate> who are experienced in the design, installation,
2-10 construction, maintenance, service, repair, alteration, or
2-11 modification of equipment used for environmental air conditioning,
2-12 commercial refrigeration, or process cooling or heating. A member
2-13 of the advisory board serves a term of six years, with terms
2-14 expiring on February 1 of odd-numbered years.
2-15 (c) The commissioner <governor> shall appoint the advisory
2-16 board members as follows:
2-17 (1) one member must be an official of a municipality
2-18 with a population of not more than 250,000;
2-19 (2) one member must be an official of a municipality
2-20 with a population greater than 250,000; and
2-21 (3) four members must be full-time licensed air
2-22 conditioning and refrigeration contractors, as follows:
2-23 (A) one member must hold a Class A license and
2-24 must practice in a municipality with a population greater than
2-25 250,000;
2-26 (B) one member must hold a Class B license and
2-27 must practice in a municipality with a population greater than
3-1 250,000;
3-2 (C) one member must hold a Class A license and
3-3 must practice in a municipality with a population greater than
3-4 25,000 but not more than 250,000; and
3-5 (D) one member must hold a Class B license and
3-6 must practice in a municipality with a population of not more than
3-7 25,000. <;>
3-8 (e) The commissioner <governor> shall designate one member
3-9 of the board to serve as chairman. The commissioner and the chief
3-10 administrator of this Act serve as ex officio, nonvoting members of
3-11 the advisory board. On the resignation, death, suspension, or
3-12 incapacity of any member, the commissioner <governor> shall fill
3-13 the vacancy for the remainder of the unexpired term with an
3-14 individual who represents the same interests with which the
3-15 predecessor was identified.
3-16 (i) Section 8, Article 6252-33, Revised Statutes, does not
3-17 apply to the advisory board.
3-18 SECTION 4. Section 3B, Air Conditioning and Refrigeration
3-19 Contractor License Law (Article 8861, Vernon's Texas Civil
3-20 Statutes), is amended to read as follows:
3-21 Sec. 3B. LICENSE REQUIRED; CITATION. (a) Unless the person
3-22 is exempted under Section 6 of this Act, a person may not perform
3-23 air conditioning and refrigeration contracting without a license
3-24 under this Act.
3-25 (b) A representative of the department or a municipal
3-26 official may issue a citation to a person who performs air
3-27 conditioning and refrigeration contracting without a license issued
4-1 under this Act. To the extent authorized by Chapter 29, Government
4-2 Code, the municipal court has concurrent jurisdiction with a
4-3 justice court of a precinct in which the municipality is located in
4-4 a case arising from a citation issued under this subsection.
4-5 SECTION 5. The Air Conditioning and Refrigeration Contractor
4-6 License Law (Article 8861, Vernon's Texas Civil Statutes) is
4-7 amended by adding Sections 3C and 3D to read as follows:
4-8 Sec. 3C. ENFORCEMENT OF CONTRACTS. (a) A person who
4-9 performs air conditioning and refrigeration contracting without
4-10 holding the appropriate license under this Act may not collect a
4-11 fee or otherwise enforce a contract for the services performed. To
4-12 enforce a contract for the performance of air conditioning and
4-13 refrigeration contracting, the person who performs the services
4-14 must present proof that the person holds a license under this Act
4-15 at the time the contract is signed and the work performed.
4-16 (b) The commissioner may adopt rules relating to the manner
4-17 in which proof may be presented under this section.
4-18 Sec. 3D. SALE OF CERTAIN EQUIPMENT RESTRICTED. (a) In this
4-19 section, "equipment" means a working component of a system that
4-20 cools through any compressive or evaporative cycle or heats through
4-21 transfer of heat from any source to a distribution network. The
4-22 term includes a replacement part for that system or component. The
4-23 term does not include:
4-24 (1) equipment exempt from regulation under Section 6
4-25 of this Act;
4-26 (2) duct materials; or
4-27 (3) separate piping, tubing, or electrical wiring that
5-1 may be used for purposes other than air conditioning and
5-2 refrigeration.
5-3 (b) The department shall regulate the use and sale of
5-4 equipment as provided by this section.
5-5 (c) To purchase equipment, a person exempt under Sections
5-6 6(a)(2)-(7) of this Act must obtain a certificate of registration
5-7 from the department and must present to the seller evidence of
5-8 compliance with the registration requirement. The commissioner by
5-9 rule shall adopt requirements governing the registration and the
5-10 issuance of certificates of registration.
5-11 (d) Except as provided by Subsection (f) of this section, a
5-12 person may sell equipment in this state only to a person who:
5-13 (1) is licensed under this Act or a municipal
5-14 ordinance that complies with Section 9 of this Act; or
5-15 (2) holds a certificate of registration issued by the
5-16 department under this section.
5-17 (e) The seller must obtain evidence from the purchaser of
5-18 compliance by the purchaser with the license or registration
5-19 requirements imposed under this Act that apply to the purchaser.
5-20 The commissioner by rule shall establish requirements for the
5-21 evidence.
5-22 (f) A seller may sell equipment to a person exempt under
5-23 Section 6(a)(1) of this Act and is not required to obtain from the
5-24 purchaser evidence of the exemption.
5-25 (g) A person commits an offense if the person sells
5-26 equipment in this state in violation of Subsection (d) or (e) of
5-27 this section. An offense under this subsection is a Class B
6-1 misdemeanor.
6-2 SECTION 6. Sections 4(f) and (g), Air Conditioning and
6-3 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
6-4 Civil Statutes), are amended to read as follows:
6-5 (f) The application must be made on a form prescribed by the
6-6 commissioner and must specify the class of license and each
6-7 endorsement the applicant seeks. The application must be verified
6-8 and must be accompanied by:
6-9 (1) <evidence of the insurance coverage required under
6-10 this Act;>
6-11 <(2)> a statement of the applicant's practical
6-12 experience; and
6-13 (2) <(3)> the examination fee.
6-14 (g) The commissioner shall issue an air conditioning and
6-15 refrigeration contractor license to an applicant who possesses the
6-16 required qualifications, passes the appropriate examinations,
6-17 furnishes evidence of the insurance coverage required under this
6-18 Act, and pays the <examination fee and the> original license fee
6-19 required by this Act. An applicant who fails an examination is
6-20 eligible for reexamination.
6-21 SECTION 7. Section 8, Air Conditioning and Refrigeration
6-22 Contractor License Law (Article 8861, Vernon's Texas Civil
6-23 Statutes), is amended to read as follows:
6-24 Sec. 8. PENALTY. Except as provided in Section 9, a person
6-25 commits an offense if the person knowingly or intentionally engages
6-26 in air conditioning and refrigeration contracting without a license
6-27 issued under this Act. An offense under this section is a Class A
7-1 <B> misdemeanor.
7-2 SECTION 8. (a) The change in law made to Section 8, Air
7-3 Conditioning and Refrigeration Contractor License Law (Article
7-4 8861, Vernon's Texas Civil Statutes), by this Act applies only to
7-5 an offense committed on or after the effective date of this Act.
7-6 For purposes of this section, an offense is committed before the
7-7 effective date of this Act if any element of the offense occurs
7-8 before that date.
7-9 (b) An offense committed before the effective date of this
7-10 Act is governed by the law in effect when the offense was
7-11 committed, and the former law is continued in effect for that
7-12 purpose.
7-13 SECTION 9. (a) Except as provided by Subsection (b) of this
7-14 section, this Act takes effect September 1, 1995.
7-15 (b) Sections 3D(c), (d), (e), and (g), Air Conditioning and
7-16 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
7-17 Civil Statutes), as added by this Act, take effect January 1, 1996.
7-18 (c) Not later than December 31, 1995, the commissioner of
7-19 licensing and regulation shall adopt rules as required by Sections
7-20 3C and 3D, Air Conditioning and Refrigeration Contractor License
7-21 Law (Article 8861, Vernon's Texas Civil Statutes), as added by this
7-22 Act.
7-23 (d) The commissioner of licensing and regulation shall make
7-24 appointments to the Air Conditioning and Refrigeration Contractors
7-25 Advisory Board under Section 3A, Air Conditioning and Refrigeration
7-26 Contractor License Law (Article 8861, Vernon's Texas Civil
7-27 Statutes), as amended by this Act, to replace board members whose
8-1 terms expire or who otherwise leave service on the board after the
8-2 effective date of this Act. A member of the advisory board who is
8-3 serving on the effective date of this Act may continue to serve
8-4 until the expiration of that member's term, unless otherwise
8-5 removed in accordance with law.
8-6 SECTION 10. The importance of this legislation and the
8-7 crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended.