SRC-MAX H.B. 2025 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2025
By: Pickett (Carona)
International Relations, Trade & Technology
5-12-97
Engrossed


DIGEST 

Currently, there is a requirement under the federal Clean Air Act that air
conditioning contractors must take a course and pass a test in order to
obtain a certificate entitling them to purchase refrigerants.  This bill
sets forth provisions limiting the sale of refrigerants in Texas to
licensed air conditioning and refrigeration contractors who have an EPA
certificate.    

PURPOSE

As proposed, H.B. 2025 sets forth provisions regarding the regulation of
the sale and use of certain refrigerants and provides a criminal penalty
for a certain violation. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of licensing and
regulation in SECTION 2 (Sec. 10(c), Article 8861, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3, Article 8861, V.T.C.S. (Air Conditioning and
Refrigeration Contractor License Law), by adding Subsection (m), to
authorize a representative of the Texas Commission of Licensing and
Regulation or a municipal air conditioning or refrigeration inspector
within the jurisdiction of the municipality to issue a citation to a
person who violates Section 10(d) or (e). 

SECTION 2. Amends Article 8861, V.T.C.S., by adding Section 10, as follows:

Sec. 10.  SALE AND USE OF REFRIGERANTS.  Defines "refrigerant."  Outlines
procedures regarding the sale and use of a refrigerant.  Provides that a
person commits a Class B misdemeanor if the person purchases a refrigerant
or equipment containing a refrigerant  in this state in violation of
Subsection (d) or (e) of this section.  Provides that this section does
not apply to a "small appliance" as defined by 40 C.F.R. Part 82.152, as
amended. 

SECTION 3. (a)  Effective date:  September 1, 1997, except as provided by
Subsection (b). 

(b)  Effective date for Sections 3(m), and 10(c)-(e) and (g), Article
8861, V.T.C.S.:  January 1, 1998. 

(c)  Requires the commissioner of licensing and regulation to adopt rules
as required by Section 10 not later than December 31, 1997. 

SECTION 4. Emergency clause.