NDT C.S.H.B. 1391 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES C.S.H.B. 1391 By: Torres 3-17-97 Committee Report (Substituted) BACKGROUND 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. PURPOSE C.S.H.B. 1391 requires air conditioning contractors to attend no fewer than eight (8) 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. RULEMAKING AUTHORITY It is the committee's opinion that additional rulemaking authority is granted in SECTION 1, and in SECTION 2 of the bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 4B, Article 8861, Vernon's Civil Statutes, the Air Conditioning and Refrigeration Contractor License Law. (a) Requires continuing education for renewal of an air conditioning and refrigeration contractor license. (b) Each air conditioning and refrigeration contractor must provide the Commissioner with proof of attendance at no fewer than eight (8) classroom hours of continuing education, beginning with the second calendar year of licensure and each year of licensure thereafter. (c) Allows the Commissioner to permit the substitution of relevant educational experience, including correspondence courses, manufacturer training, trade association workshops or seminars, chapter meetings, and supervised video instruction for four (4) hours classroom attendance. (d) Four (4) hours of continuing education courses shall cover technical, safety, or environmental aspects of air conditioning and refrigeration contracting. (e) No exam is required except for correspondence courses. (f) The Commission shall adopt fees for continuing education providers in amounts reasonable and necessary. (g) Providers of continuing education courses must meet requirements adopted by rule of the Commissioner. A provider shall be approved by the Commissioner for two-year periods, and may reapply to act as a provider for additional two year periods. SECTION 2. Effective Date. September 1, 1997. Rules and fees shall be adopted not later than January 1, 1998. Exempts a licensee who holds a license on September 1, 1997, from continuing education requirements to renew the license before September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute allows the Commissioner to substitute relevant education experience for only four hours of the continuing education. This requires the contractors to be in the classroom for four hours. The substitute requires that four of the hours cover technical, safety, or environmental aspects of air conditioning and refrigeration contracting. The substitute also deletes language allowing for computer examinations.