1-1 By: Armbrister S.B. No. 266
1-2 (In the Senate - Filed January 19, 1995; January 23, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 14, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 9, Nays 0; February 14, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend S.B. No. 266 by striking all of Subdivision (5) beginning on
1-8 Line 45, Page 1, and substituting the following:
1-9 "(5) performs process cooling or heating work for and
1-10 on the premises of an industrial operation to which the general
1-11 public is not routinely granted access. For purposes of this
1-12 section, "industrial operation" means <such as> a chemical plant,
1-13 petrochemical plant, refinery, natural gas plant, <or> natural gas
1-14 treating plant, oil or gas well, or mining operation <when employed
1-15 by that operation>;
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to an exemption from the regulation of air conditioning
1-19 and refrigeration contractors.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Subsection (a), Section 6, Air Conditioning and
1-22 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
1-23 Civil Statutes), is amended to read as follows:
1-24 (a) This Act does not apply to a person who:
1-25 (1) performs air conditioning and refrigeration
1-26 contracting in a building owned solely by him as his home;
1-27 (2) performs air conditioning or refrigeration
1-28 maintenance work if (i) the person is a maintenance man or
1-29 maintenance engineer who is a regular bona fide employee of the
1-30 property owner, the property lessee, or the management company
1-31 managing the property where the maintenance work is being
1-32 performed, (ii) the work is performed in connection with the
1-33 business in which the person is employed, and (iii) the person and
1-34 the person's employer referred to in (i) above do not engage in the
1-35 occupation of air conditioning and refrigeration contracting for
1-36 the general public;
1-37 (3) performs air conditioning and refrigeration
1-38 contracting and is regularly employed by a regulated electric or
1-39 gas utility;
1-40 (4) is licensed as a professional engineer under The
1-41 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
1-42 Statutes), performs work in connection with the business in which
1-43 the person is employed, and does not engage in the practice of air
1-44 conditioning and refrigeration contracting for the general public;
1-45 (5) performs process cooling or heating work for an
1-46 industrial operation such as a chemical plant, petrochemical plant,
1-47 refinery, natural gas plant, or natural gas treating plant <when
1-48 employed by that operation>;
1-49 (6) performs air conditioning and refrigeration
1-50 contracting on:
1-51 (A) a portable or self-contained ductless air
1-52 conditioning or refrigeration product that has a cooling capacity
1-53 of three tons or less;
1-54 (B) a portable or self-contained heating product
1-55 that does not require the forced movement of air outside the
1-56 heating unit; or
1-57 (C) environmental air conditioning equipment
1-58 that is intended for temporary use and is not fixed in place; or
1-59 (7) performs air conditioning services only on a motor
1-60 vehicle air conditioning unit or who employs a person who performs
1-61 air conditioning services only on a motor vehicle air conditioning
1-62 unit.
1-63 SECTION 2. This Act takes effect September 1, 1995.
1-64 SECTION 3. The importance of this legislation and the
1-65 crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
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