By Carona H.B. No. 799 74R1144 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an exemption from the Residential Service Company Act 1-3 for persons who are licensed to perform air conditioning and 1-4 refrigeration contracting. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 25, Residential Service Company Act 1-7 (Article 6573b, Revised Statutes), is amended to read as follows: 1-8 Sec. 25. Exemptions. The provisions of this Act shall not 1-9 apply to any of the following persons and transactions, and each 1-10 and all of the following persons and transactions are hereby 1-11 exempted from the provisions of this Act, to wit: 1-12 (a) performance guarantees given by either the builder 1-13 of a home or the manufacturer or seller of an appliance or other 1-14 system or component; 1-15 (b) any residential service contract executed on or 1-16 before the effective date of this Act; 1-17 (c) any service contract, guarantee, or warranty 1-18 intending to guarantee or warrant the repairs or service of a home 1-19 appliance, system, or component, provided such service contract, 1-20 guarantee, or warranty is issued by a person who has sold, 1-21 serviced, repaired, or provided replacement of such appliance, 1-22 system, or component at the time of, or prior to the issuance of 1-23 such contract, guarantee, or warranty; and provided further that 1-24 the person issuing the service contract, guarantee, or warranty 2-1 does not engage in the business of a service company; 2-2 (d) any person engaging in the business of structural 2-3 pest control in compliance with the Texas Structural Pest Control 2-4 Act, as amended (Article 135b-6, Vernon's Texas Civil Statutes, 2-5 1925); 2-6 (e) any person who performs air conditioning and 2-7 refrigeration contracting in compliance with the Air Conditioning 2-8 and Refrigeration Contractor License Law (Article 8861, Vernon's 2-9 Texas Civil Statutes); and 2-10 (f) any service or maintenance contract or agreement, 2-11 or warranty, which provides for, warrants, or guarantees, the 2-12 maintenance, repair, service, replacement, or operation or 2-13 performance, of any product or part thereof, including but not 2-14 limited to a structural component, the appliances, or the 2-15 electrical, plumbing, heating, cooling or air-conditioning systems 2-16 in or of a building or residence, provided such service or 2-17 maintenance contract or agreement, or warranty is sold, offered for 2-18 sale, or issued by the manufacturer or merchant who manufactured or 2-19 sold such product or part thereof. 2-20 SECTION 2. This Act takes effect September 1, 1995, and 2-21 applies only to a residential service contract that is entered into 2-22 on or after that date. A residential service contract that is 2-23 entered into before that date is governed by the law in effect on 2-24 the date that the contract is entered into, and the former law is 2-25 continued in effect for that purpose. 2-26 SECTION 3. The importance of this legislation and the 2-27 crowded condition of the calendars in both houses create an 3-1 emergency and an imperative public necessity that the 3-2 constitutional rule requiring bills to be read on three several 3-3 days in each house be suspended, and this rule is hereby suspended.