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.