1-1     By:  Pickett (Senate Sponsor - Carona)                H.B. No. 2025

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on

 1-4     International Relations, Trade, and Technology; May 15, 1997,

 1-5     reported favorably by the following vote:  Yeas 5, Nays 0;

 1-6     May 15, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the regulation of the sale and use of certain

1-10     refrigerants; providing a criminal penalty.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 3, Air Conditioning and Refrigeration

1-13     Contractor License Law (Article 8861, Vernon's Texas Civil

1-14     Statutes), is amended by adding Subsection (m) to read as follows:

1-15           (m)  A representative of the commission or a municipal air

1-16     conditioning or refrigeration inspector within the jurisdiction of

1-17     the municipality may issue a citation to a person who violates

1-18     Section 10(d) or (e).

1-19           SECTION 2.  The Air Conditioning and Refrigeration Contractor

1-20     License Law (Article 8861, Vernon's Texas Civil Statutes) is

1-21     amended by adding Section 10 to read as follows:

1-22           Sec. 10.  SALE AND USE OF REFRIGERANTS.  (a)  In this

1-23     section, "refrigerant" means a class I or class II substance, as

1-24     listed in Section 602, Clean Air Act Amendments of 1990 (42 U.S.C.

1-25     Section 7671a), and federal administrative rules adopted under that

1-26     section.

1-27           (b)  Each person who purchases, sells, or uses a refrigerant

1-28     in this state shall comply with the requirements of the federal

1-29     Clean Air Act and the federal administrative rules adopted under

1-30     that Act.  Consistent with that requirement, the department shall

1-31     regulate the use and sale of refrigerants as provided by this

1-32     section.

1-33           (c)  To purchase a refrigerant, a person whose use is exempt

1-34     under Section 6(a)(2) or 6(a)(4) of this Act must obtain a

1-35     certificate of registration from the department and must present to

1-36     the seller evidence of compliance with the registration

1-37     requirement.  The commissioner by rule shall adopt requirements

1-38     governing the registration and the issuance of certificates of

1-39     registration.

1-40           (d)  Except as provided by Subsection (f) of this section, a

1-41     person may purchase refrigerants or equipment containing a

1-42     refrigerant in this state only if that person:

1-43                 (1)  is licensed under this Act or a municipal

1-44     ordinance that complies with Section 9 of this Act; or

1-45                 (2)  holds a certificate of registration issued by the

1-46     department under this section.

1-47           (e)  The purchaser must provide to the seller evidence of

1-48     compliance by the purchaser with the license or registration

1-49     requirements imposed under this Act that apply to the purchaser.

1-50     The commissioner by rule shall establish requirements for the

1-51     evidence.

1-52           (f)  A purchaser may purchase refrigerants if that person's

1-53     use is exempt under Section 6(a)(1) of this Act if the person is

1-54     authorized to do so under other state or federal law and is not

1-55     required to provide to a seller evidence of the exemption.

1-56           (g)  A person commits an offense if the person purchases a

1-57     refrigerant or equipment containing a refrigerant in this state in

1-58     violation of Subsection (d) or (e) of this section.  An offense

1-59     under this subsection is a Class B misdemeanor.

1-60           (h)  This section does not apply to a "small appliance" as

1-61     defined by 40 C.F.R. Part 82.152, as amended.

1-62           SECTION 3.  (a)  Except as provided by Subsection (b) of this

1-63     section, this Act takes effect September 1, 1997.

1-64           (b)  Sections 3(m) and 10(c), (d), (e), and (g), Air

 2-1     Conditioning and Refrigeration Contractor License Law (Article

 2-2     8861, Vernon's Texas Civil Statutes), as added by this Act, take

 2-3     effect January 1, 1998.

 2-4           (c)  The commissioner of licensing and regulation shall adopt

 2-5     rules as required by Section 10, Air Conditioning and Refrigeration

 2-6     Contractor License Law (Article 8861, Vernon's Texas Civil

 2-7     Statutes), as added by this Act, not later than December 31, 1997.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.

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