By: Armbrister S.B. No. 266
A BILL TO BE ENTITLED
AN ACT
1-1 relating to an exemption from the regulation of air conditioning
1-2 and refrigeration contractors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 6, Air Conditioning and
1-5 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (a) This Act does not apply to a person who:
1-8 (1) performs air conditioning and refrigeration
1-9 contracting in a building owned solely by him as his home;
1-10 (2) performs air conditioning or refrigeration
1-11 maintenance work if (i) the person is a maintenance man or
1-12 maintenance engineer who is a regular bona fide employee of the
1-13 property owner, the property lessee, or the management company
1-14 managing the property where the maintenance work is being
1-15 performed, (ii) the work is performed in connection with the
1-16 business in which the person is employed, and (iii) the person and
1-17 the person's employer referred to in (i) above do not engage in the
1-18 occupation of air conditioning and refrigeration contracting for
1-19 the general public;
1-20 (3) performs air conditioning and refrigeration
1-21 contracting and is regularly employed by a regulated electric or
1-22 gas utility;
1-23 (4) is licensed as a professional engineer under The
1-24 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
2-1 Statutes), performs work in connection with the business in which
2-2 the person is employed, and does not engage in the practice of air
2-3 conditioning and refrigeration contracting for the general public;
2-4 (5) performs process cooling or heating work for and
2-5 on the premises of an industrial operation to which the general
2-6 public is not routinely granted access. For purposes of this
2-7 section, "industrial operation" means <such as> a chemical plant,
2-8 petrochemical plant, refinery, natural gas plant, <or> natural gas
2-9 treating plant, oil or gas well, or mining operation <when employed
2-10 by that operation>;
2-11 (6) performs air conditioning and refrigeration
2-12 contracting on:
2-13 (A) a portable or self-contained ductless air
2-14 conditioning or refrigeration product that has a cooling capacity
2-15 of three tons or less;
2-16 (B) a portable or self-contained heating product
2-17 that does not require the forced movement of air outside the
2-18 heating unit; or
2-19 (C) environmental air conditioning equipment
2-20 that is intended for temporary use and is not fixed in place; or
2-21 (7) performs air conditioning services only on a motor
2-22 vehicle air conditioning unit or who employs a person who performs
2-23 air conditioning services only on a motor vehicle air conditioning
2-24 unit.
2-25 SECTION 2. This Act takes effect September 1, 1995.
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.