By Pickett                                            H.B. No. 2025

         75R5157 GJH-F                           

                                A BILL TO BE ENTITLED

 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(d) or (e).

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)  To purchase a refrigerant, a person whose use is exempt

 2-3     under Section 6(a)(2) or 6(a)(4) of this Act must obtain a

 2-4     certificate of registration from the department and must present to

 2-5     the seller evidence of compliance with the registration

 2-6     requirement.  The commissioner by rule shall adopt requirements

 2-7     governing the registration and the issuance of certificates of

 2-8     registration.

 2-9           (d)  Except as provided by Subsection (f) of this section, a

2-10     person may purchase refrigerants or equipment containing a

2-11     refrigerant in this state only if that person:

2-12                 (1)  is licensed under this Act or a municipal

2-13     ordinance that complies with Section 9 of this Act; or

2-14                 (2)  holds a certificate of registration issued by the

2-15     department under this section.

2-16           (e)  The purchaser must provide to the seller evidence of

2-17     compliance by the purchaser with the license or registration

2-18     requirements imposed under this Act that apply to the purchaser.

2-19     The commissioner by rule shall establish requirements for the

2-20     evidence.

2-21           (f)  A purchaser may purchase refrigerants if that person's

2-22     use is exempt under Section 6(a)(1) of this Act if the person is

2-23     authorized to do so under other state or federal law and is not

2-24     required to provide to a seller evidence of the exemption.

2-25           (g)  A person commits an offense if the person purchases a

2-26     refrigerant or equipment containing a refrigerant in this state in

2-27     violation of Subsection (d) or (e) of this section.  An offense

 3-1     under this subsection is a Class B misdemeanor.

 3-2           (h)  This section does not apply to a "small appliance" as

 3-3     defined by 40 C.F.R. Part 82.152, as amended.

 3-4           SECTION 3.  (a)  Except as provided by Subsection (b) of this

 3-5     section, this Act takes effect September 1, 1997.

 3-6           (b)  Sections 3(m) and 10(c), (d), (e), and (g), Air

 3-7     Conditioning and Refrigeration Contractor License Law (Article

 3-8     8861, Vernon's Texas Civil Statutes), as added by this Act, take

 3-9     effect January 1, 1998.

3-10           (c)  The commissioner of licensing and regulation shall adopt

3-11     rules as required by Section 10, Air Conditioning and Refrigeration

3-12     Contractor License Law (Article 8861, Vernon's Texas Civil

3-13     Statutes), as added by this Act, not later than December 31, 1997.

3-14           SECTION 4.  The importance of this legislation and the

3-15     crowded condition of the calendars in both houses create an

3-16     emergency and an imperative public necessity that the

3-17     constitutional rule requiring bills to be read on three several

3-18     days in each house be suspended, and this rule is hereby suspended.