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. 2-13 * * * * *