SRC-HRD H.B. 1391 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1391
By: Torres (Barrientos)
International Relations, Trade & Technology
5-12-97
Engrossed


DIGEST 

Currently, there is no mandate that licensed air conditioning contractors
fulfill any continuing education  requirements.  However, many contractors
already participate in educational seminars and training courses offered
by air conditioning equipment manufacturers and professional associations
to keep abreast of the complex changes in these industries.  This bill
would require air conditioning contractors to attend no fewer than eight
hours of continuing education courses approved by the commissioner of the
Texas Department of Licensing and Regulation.  Proof of attendance must be
provided to the commissioner in order for the contractor's license to be
renewed.                                                      
PURPOSE

As proposed, H.B. 1391 requires air conditioning contractors to attend no
fewer than eight hours of continuing education courses approved by the
commissioner of the Texas Department of Licensing and Regulation, and
requires proof of attendance to be provided to the commissioner in order
for the contractor's license to be renewed.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of the Texas
Department of Licensing and Regulation under SECTION 1 (Sections 4B(a)
and(b), Article 8861, V.T.C.S). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 4B, Article 8861, V.T.C.S. (Air Conditioning and
Refrigeration Contractor License Law), to require the commissioner of
licensing and regulation (commissioner), by rule, to establish guidelines
for continuing education programs for licensees, rather than authorizing
the commissioner to recognize, prepare, or administer continuing education
programs for licensees.  Requires a person seeking to provide a continuing
education program to meet the requirements adopted by rule of the
commissioner.  Authorizes an applicant that meets the requirements and
that is approved by the commissioner to provide continuing education
programs until the second anniversary of the date the provider's
application was approved.  Authorizes a provider to reapply to the
commissioner to act as a provider for additional two-year periods. 

SECTION 2. (a) Effective date: September 1, 1997.

(b) Requires the commissioner of licensing and regulation to adopt rules
and the Texas Commission of Licensing and Regulation to adopt fees under
this Act not later than January 1, 1998. 

(c)  Provides that notwithstanding Section 4B(b), Article 8861, V.T.C.S.,
as added by this Act, a person who holds a license under that Act on the
effective date of this Act is not required to fulfill continuing education
required under that section to renew the license before September 1, 1999. 

SECTION 3. Emergency clause.