By Torres H.B. No. 1391
75R5158 JMM-F
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 by rule, with the advice of the
1-21 advisory board, may permit the substitution of relevant education
1-22 experience for classroom attendance. The substituted experience
1-23 must be approved by the commissioner. For purposes of this
1-24 section, relevant education experience includes participation in
2-1 correspondence courses, manufacturer training, trade association
2-2 workshops or seminars, chapter meetings, and supervised video
2-3 instruction.
2-4 (d) Continuing education courses or relevant education
2-5 experience approved by the commissioner may cover technical,
2-6 business, safety, or legal aspects of air conditioning and
2-7 refrigeration contracting.
2-8 (e) The commissioner may not require an examination under
2-9 this section except for approval of a correspondence course or a
2-10 continuing education course offered by an alternative delivery
2-11 system, including by computer.
2-12 (f) The commission shall adopt fees for continuing education
2-13 providers in amounts reasonable and necessary to administer this
2-14 section.
2-15 (g) A person seeking to provide a continuing education
2-16 program must meet the requirements adopted by rule of the
2-17 commissioner. An applicant that meets the requirements and that is
2-18 approved by the commissioner may provide continuing education
2-19 programs until the second anniversary of the date the provider's
2-20 application was approved. A provider may reapply to the
2-21 commissioner to act as a provider for additional two-year periods.
2-22 SECTION 2. (a) This Act takes effect September 1, 1997.
2-23 (b) The commissioner of licensing and regulation shall adopt
2-24 rules and the Texas Commission of Licensing and Regulation shall
2-25 adopt fees under this Act not later than January 1, 1998.
2-26 (c) Notwithstanding Section 4B(b), Air Conditioning and
2-27 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
3-1 Civil Statutes), as added by this Act, a person who holds a license
3-2 under that Act on the effective date of this Act is not required to
3-3 fulfill continuing education required under that section to renew
3-4 the license before September 1, 1999.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.