By Carona H.B. No. 797 74R1046 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the sale and use of certain 1-3 refrigerants; providing a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The Air Conditioning and Refrigeration Contractor 1-6 License Law (Article 8861, Vernon's Texas Civil Statutes) is 1-7 amended by adding Section 10 to read as follows: 1-8 Sec. 10. SALE AND USE OF REFRIGERANTS. (a) In this 1-9 section, "refrigerant" means an ozone-depleting class I or class II 1-10 substance, as listed in Section 602, Clean Air Act Amendments of 1-11 1990 (42 U.S.C. Section 7671a), and federal administrative rules 1-12 adopted under that section. 1-13 (b) Each person who sells or uses a refrigerant in this 1-14 state shall comply with the requirements of the federal Clean Air 1-15 Act and the federal administrative rules adopted under that Act. 1-16 Consistent with that requirement, the department shall regulate the 1-17 use and sale of refrigerants as provided by this section. 1-18 (c) To purchase a refrigerant, a person whose use is exempt 1-19 under Sections 6(a)(2)-(7) of this Act must obtain a certificate of 1-20 registration from the department and must present to the seller 1-21 evidence of compliance with the registration requirement. The 1-22 commissioner by rule shall adopt requirements governing the 1-23 registration and the issuance of certificates of registration. 1-24 (d) Except as provided by Subsection (f) of this section, a 2-1 person may sell refrigerants or equipment containing refrigerants 2-2 in this state only to a person who: 2-3 (1) is licensed under this Act or a municipal 2-4 ordinance that complies with Section 9 of this Act; or 2-5 (2) holds a certificate of registration issued by the 2-6 department under this section. 2-7 (e) The seller must obtain from the purchaser evidence of 2-8 compliance by the purchaser with the license or registration 2-9 requirements imposed under this Act that apply to the purchaser. 2-10 The commissioner by rule shall establish requirements for the 2-11 evidence. 2-12 (f) A seller may sell refrigerants to a person whose use is 2-13 exempt under Section 6(a)(1) of this Act if authorized to do so 2-14 under other state or federal law and is not required to obtain from 2-15 that purchaser evidence of the exemption. 2-16 (g) A person commits an offense if the person sells a 2-17 refrigerant in this state in violation of Subsection (d) or (e) of 2-18 this section. An offense under this subsection is a Class B 2-19 misdemeanor. 2-20 SECTION 2. (a) Except as provided by Subsection (b) of this 2-21 section, this Act takes effect September 1, 1995. 2-22 (b) Sections 10(c), (d), (e), and (g), Air Conditioning and 2-23 Refrigeration Contractor License Law (Article 8861, Vernon's Texas 2-24 Civil Statutes), as added by this Act, take effect January 1, 1996. 2-25 (c) The commissioner of licensing and regulation shall adopt 2-26 rules as required by Section 10, Air Conditioning and Refrigeration 2-27 Contractor License Law (Article 8861, Vernon's Texas Civil 3-1 Statutes), as added by this Act, not later than December 31, 1995. 3-2 SECTION 3. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.