74R10898 PB-F
By Armbrister S.B. No. 266
Substitute the following for S.B. No. 266:
By Yarbrough C.S.S.B. No. 266
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an exemption from the regulation of air conditioning
1-3 and refrigeration contractors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6(a), 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 (a) This Act does not apply to a person who:
1-9 (1) performs air conditioning and refrigeration
1-10 contracting in a building owned solely by him as his home;
1-11 (2) performs air conditioning or refrigeration
1-12 maintenance work if (i) the person is a maintenance man or
1-13 maintenance engineer who is a regular bona fide employee of the
1-14 property owner, the property lessee, or the management company
1-15 managing the property where the maintenance work is being
1-16 performed, (ii) the work is performed in connection with the
1-17 business in which the person is employed, and (iii) the person and
1-18 the person's employer referred to in (i) above do not engage in the
1-19 occupation of air conditioning and refrigeration contracting for
1-20 the general public;
1-21 (3) performs air conditioning and refrigeration
1-22 contracting and is regularly employed by a regulated electric or
1-23 gas utility;
1-24 (4) is licensed as a professional engineer under The
2-1 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
2-2 Statutes), performs work in connection with the business in which
2-3 the person is employed, and does not engage in the practice of air
2-4 conditioning and refrigeration contracting for the general public;
2-5 (5) performs diagnostic tests, maintenance,
2-6 modifications, repair, replacement, removal, or installation of
2-7 process cooling or heating systems integrated in the manufacturing
2-8 or production operations of <work for> an industrial facility,
2-9 <operation such as a chemical> plant, <petrochemical plant,
2-10 refinery, natural gas plant,> or factory <natural gas treating
2-11 plant when employed by that operation>;
2-12 (6) performs air conditioning and refrigeration
2-13 contracting on:
2-14 (A) a portable or self-contained ductless air
2-15 conditioning or refrigeration product that has a cooling capacity
2-16 of three tons or less;
2-17 (B) a portable or self-contained heating product
2-18 that does not require the forced movement of air outside the
2-19 heating unit; or
2-20 (C) environmental air conditioning equipment
2-21 that is intended for temporary use and is not fixed in place; <or>
2-22 (7) performs air conditioning services only on a motor
2-23 vehicle air conditioning unit or who employs a person who performs
2-24 air conditioning services only on a motor vehicle air conditioning
2-25 unit; or
2-26 (8) performs air conditioning and refrigeration
2-27 contracting as a retail or wholesale dealer of liquefied petroleum
3-1 gas if the person holds a license issued by the Railroad Commission
3-2 of Texas under Chapter 113, Natural Resources Code.
3-3 SECTION 2. This Act takes effect September 1, 1995.
3-4 SECTION 3. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.