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.