By Torres H.B. No. 1391
Substitute the following for H.B. No. 1391:
By Yarbrough C.S.H.B. No. 1391
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to continuing education requirements for air conditioning
1-3 and refrigeration contractors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4B, Air Conditioning and Refrigeration
1-6 Contractor License Law (Article 8861, Vernon's Texas Civil
1-7 Statutes), is amended to read as follows:
1-8 Sec. 4B. CONTINUING EDUCATION REQUIREMENTS [PROGRAMS].
1-9 (a) The commissioner by rule shall [may] recognize or adopt[,
1-10 prepare, or administer] continuing education programs for
1-11 licensees. Participation in the programs is mandatory for renewal
1-12 of a license issued under this Act [voluntary].
1-13 (b) A license holder is not required to participate in
1-14 continuing education until the second anniversary of the date the
1-15 license holder was initially licensed under this Act. A license
1-16 holder required to participate in continuing education must
1-17 annually provide proof to the commissioner that the license holder
1-18 in the preceding year has attended eight classroom hours of
1-19 continuing education courses approved by the commissioner.
1-20 (c) The commissioner may permit the substitution of relevant
1-21 education experience for four hours of classroom attendance. The
1-22 substituted experience must be approved by the commissioner. For
1-23 purposes of this section, relevant education experience includes
1-24 participation in correspondence courses, manufacturer training,
2-1 trade association workshops or seminars, chapter meetings, and
2-2 supervised video instruction.
2-3 (d) Four hours of continuing education courses or relevant
2-4 education experience approved by the commissioner shall cover
2-5 technical, safety, or environmental aspects of air conditioning and
2-6 refrigeration contracting.
2-7 (e) The commissioner may not require an examination under
2-8 this section except for approval of a correspondence course.
2-9 (f) The commission shall adopt fees for continuing education
2-10 providers in amounts reasonable and necessary to administer this
2-11 section.
2-12 (g) A person seeking to provide a continuing education
2-13 program must meet the requirements adopted by rule of the
2-14 commissioner. An applicant that meets the requirements and that is
2-15 approved by the commissioner may provide continuing education
2-16 programs until the second anniversary of the date the provider's
2-17 application was approved. A provider may reapply to the
2-18 commissioner to act as a provider for additional two-year periods.
2-19 SECTION 2. (a) This Act takes effect September 1, 1997.
2-20 (b) The commissioner of licensing and regulation shall adopt
2-21 rules and the Texas Commission of Licensing and Regulation shall
2-22 adopt fees under this Act not later than January 1, 1998.
2-23 (c) Notwithstanding Section 4B(b), Air Conditioning and
2-24 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
2-25 Civil Statutes), as added by this Act, a person who holds a license
2-26 under that Act on the effective date of this Act is not required to
2-27 fulfill continuing education required under that section to renew
3-1 the license before September 1, 1999.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.