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.