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.