74R10026 MRB-D
By Carona H.B. No. 800
Substitute the following for H.B. No. 800:
By Yarbrough C.S.H.B. No. 800
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to municipal requirements regarding the regulation of air
1-3 conditioning and refrigeration contractors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 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 Sec. 7. REPORTING REQUIREMENT. (a) Each air conditioning
1-9 and refrigeration contractor <person> licensed under this Act shall
1-10 notify the municipal authority who has control of the enforcement
1-11 of regulations relative to air conditioning and refrigeration
1-12 contracting in the municipality in which the person is engaged in
1-13 air conditioning and refrigeration contracting that the person has
1-14 obtained a state license.
1-15 (b) The notification must be in the form required by the
1-16 municipality.
1-17 (c) The amount of a fee imposed by a municipality on a
1-18 contractor to provide notice under this section must be an amount
1-19 reasonable and necessary to implement this section.
1-20 SECTION 2. Section 9, Air Conditioning and Refrigeration
1-21 Contractor License Law (Article 8861, Vernon's Texas Civil
1-22 Statutes), is amended to read as follows:
1-23 Sec. 9. Municipal Regulation. (a) A license issued by a
1-24 municipality of this state that complies with the requirements of
2-1 this section is valid under the terms of the license within that
2-2 municipality. However, a license issued under this Act is valid
2-3 throughout the state, and the holder and people under supervision
2-4 are not required to hold a municipal license to practice air
2-5 conditioning and refrigeration contracting in any municipality
2-6 within this state.
2-7 (b) An applicant for a municipal license must:
2-8 (1) pass an examination that covers the same subjects
2-9 as the examination required by the commissioner for an air
2-10 conditioning and refrigeration contractor license of the class of
2-11 work that the municipal applicant proposes to perform; and
2-12 (2) meet experience requirements that are at least as
2-13 strict as those required under Section 4(e) of this Act for an air
2-14 conditioning and refrigeration contractor license.
2-15 (c) A municipality may by ordinance adopt and enforce
2-16 standards for air conditioning and refrigeration contractors that
2-17 are consistent with the standards established under this Act. The
2-18 municipality shall report violations of the ordinance to the
2-19 commissioner not later than the 10th day after the date on which
2-20 the municipality takes action to enforce the ordinance. Conviction
2-21 of an offense under the municipal ordinance is a ground for the
2-22 denial, suspension, or revocation of a license issued under this
2-23 Act.
2-24 SECTION 3. (a) Except as provided by Subsection (b) of this
2-25 section, the change in law made by Section 9, Air Conditioning and
2-26 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
2-27 Civil Statutes), as amended by this Act, applies to a municipal
3-1 license that is issued or renewed on or after the effective date of
3-2 this Act. A municipality subject to that section shall adopt
3-3 examination requirements in compliance with that section not later
3-4 than January 1, 1996.
3-5 (b) To continue to engage in the practice of air
3-6 conditioning and refrigeration contracting after September 1, 1995,
3-7 a person who holds a municipal license on the effective date of
3-8 this Act must satisfy the examination requirements imposed under
3-9 Section 9(b), Air Conditioning and Refrigeration Contractor License
3-10 Law (Article 8861, Vernon's Texas Civil Statutes), as amended by
3-11 this Act, not later than June 1, 1996.
3-12 SECTION 4. This Act takes effect September 1, 1995.
3-13 SECTION 5. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.