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.