NDT H.B. 2025 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
H.B. 2025
By: Pickett
4-8-97
Committee Report (Unamended)



BACKGROUND 

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. 

PURPOSE

As proposed, H.B. 2025 would enact into Texas law, the federal language
restricting the sale of refrigerants by limiting their sale in Texas to
licensed air conditioning and refrigeration contractors who have an EPA
certificate.  Purchase of refrigerants or refrigeration equipment in
violation of this law is a Class B misdemeanor. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3, Air Conditioning and Refrigeration License
Law to add Subsection (m) allowing for the issuance of citations for those
violating this Act. 
 
SECTION 2.  Amends Air Conditioning and Refrigeration Contractor License
Law by adding Section 10 as follows: 
 Subsection (a) defines "refrigerant" in conformity with the Clean Air Act
and the rules promulgated thereunder; 
 Subsection (b) requires that each seller, user or purchaser of
refrigerant or refrigeration equipment must comply with the federal Clean
Air Act and rules adopted under that Act. 
 Subsection (c) provides for a registration for those exempt from
licensure. 
 Subsection (d) provides for who may purchase equipment with refrigerant
and refrigerant 
 Subsection (e) provides that the seller must obtain proof a purchaser is
in compliance with this Act. 
 Subsection (f) provides for who is exempt from requirements for purchase
and proof of compliance. 
 Subsection (g) creates a Class B misdemeanor for violation of this Act.
 Subsection (h) creates a small appliance exemption

SECTION 3.  Effective dates of the Act

SECTION 4.  Emergency Clause.