1-1 AN ACT
1-2 relating to the regulation of the sale and use of certain
1-3 refrigerants; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Air Conditioning and Refrigeration
1-6 Contractor License Law (Article 8861, Vernon's Texas Civil
1-7 Statutes), is amended by adding Subsection (m) to read as follows:
1-8 (m) A representative of the commission or a municipal air
1-9 conditioning or refrigeration inspector within the jurisdiction of
1-10 the municipality may issue a citation to a person who violates
1-11 Section 10(e) or (f).
1-12 SECTION 2. The Air Conditioning and Refrigeration Contractor
1-13 License Law (Article 8861, Vernon's Texas Civil Statutes) is
1-14 amended by adding Section 10 to read as follows:
1-15 Sec. 10. SALE AND USE OF REFRIGERANTS. (a) In this
1-16 section, "refrigerant" means a class I or class II substance, as
1-17 listed in Section 602, Clean Air Act Amendments of 1990 (42 U.S.C.
1-18 Section 7671a), and federal administrative rules adopted under that
1-19 section.
1-20 (b) Each person who purchases, sells, or uses a refrigerant
1-21 in this state shall comply with the requirements of the federal
1-22 Clean Air Act and the federal administrative rules adopted under
1-23 that Act. Consistent with that requirement, the department shall
1-24 regulate the use and sale of refrigerants as provided by this
2-1 section.
2-2 (c) A person may not sell a flammable refrigerant or
2-3 refrigerant substitute that contains a liquid petroleum-based
2-4 product for use in an automotive, aviation, commercial, or
2-5 residential air conditioning or refrigeration system. A flammable
2-6 refrigerant or refrigerant substitute that contains a liquid
2-7 petroleum-based product may not be used in the maintenance or
2-8 installation of any system relating to an airplane or other
2-9 aircraft.
2-10 (d) To purchase a refrigerant, a person whose use is exempt
2-11 under Section 6(a)(2) or 6(a)(4) of this Act must obtain a
2-12 certificate of registration from the department and must present to
2-13 the seller evidence of compliance with the registration
2-14 requirement. The commissioner by rule shall adopt requirements
2-15 governing the registration and the issuance of certificates of
2-16 registration.
2-17 (e) Except as provided by Subsection (g) of this section, a
2-18 person may purchase refrigerants or equipment containing a
2-19 refrigerant in this state only if that person:
2-20 (1) is licensed under this Act or a municipal
2-21 ordinance that complies with Section 9 of this Act; or
2-22 (2) holds a certificate of registration issued by the
2-23 department under this section.
2-24 (f) The purchaser must provide to the seller evidence of
2-25 compliance by the purchaser with the license or registration
2-26 requirements imposed under this Act that apply to the purchaser.
2-27 The commissioner by rule shall establish requirements for the
3-1 evidence.
3-2 (g) A purchaser may purchase refrigerants if that person's
3-3 use is exempt under Section 6(a)(1) of this Act if the person is
3-4 authorized to do so under other state or federal law and is not
3-5 required to provide to a seller evidence of the exemption.
3-6 (h) A person commits an offense if the person purchases a
3-7 refrigerant or equipment containing a refrigerant in this state in
3-8 violation of Subsection (c), (e), or (f) of this section. An
3-9 offense under this subsection is a Class B misdemeanor.
3-10 (i) This section does not apply to a "small appliance" as
3-11 defined by 40 C.F.R. Part 82.152, as amended.
3-12 SECTION 3. (a) Except as provided by Subsection (b) of this
3-13 section, this Act takes effect September 1, 1997.
3-14 (b) Sections 3(m) and 10(d), (e), (f), and (h), Air
3-15 Conditioning and Refrigeration Contractor License Law (Article
3-16 8861, Vernon's Texas Civil Statutes), as added by this Act, take
3-17 effect January 1, 1998.
3-18 (c) The commissioner of licensing and regulation shall adopt
3-19 rules as required by Section 10, Air Conditioning and Refrigeration
3-20 Contractor License Law (Article 8861, Vernon's Texas Civil
3-21 Statutes), as added by this Act, not later than December 31, 1997.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2025 was passed by the House on May
2, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2025 on May 25, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2025 was passed by the Senate, with
amendments, on May 23, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor