By Yarbrough H.B. No. 3374
75R8582 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of persons who install and repair air
1-3 conditioning and refrigeration systems.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of the Air Conditioning and
1-6 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
1-7 Civil Statutes) is amended to read as follows:
1-8 Art. 8861. AIR CONDITIONING AND REFRIGERATION [CONTRACTOR]
1-9 LICENSE LAW
1-10 SECTION 2. Section 1, Air Conditioning and Refrigeration
1-11 Contractor License Law (Article 8861, Vernon's Texas Civil
1-12 Statutes), is amended to read as follows:
1-13 Sec. 1. Short Title. This Act may be cited as the "Air
1-14 Conditioning and Refrigeration [Contractor] License Law."
1-15 SECTION 3. Section 3(a), Air Conditioning and Refrigeration
1-16 Contractor License Law (Article 8861, Vernon's Texas Civil
1-17 Statutes), is amended to read as follows:
1-18 (a) The commissioner shall adopt rules for the practice of
1-19 air conditioning and refrigeration contracting, air conditioning
1-20 and refrigeration installation, and air conditioning and
1-21 refrigeration maintenance work consistent with this Act. The
1-22 standards prescribed by rule must be at least as strict as the
1-23 standards set forth in the Uniform Mechanical Code published
1-24 jointly by the International Conference of Building Officials and
2-1 the International Association of Plumbing and Mechanical Officials
2-2 or the Standard Mechanical Code published by the Southern Building
2-3 Code Congress International, Inc., as those codes exist at the time
2-4 the rules are adopted. The commissioner shall enforce this Act and
2-5 may adopt rules relating to enforcement requirements.
2-6 SECTION 4. Section 3A(a), Air Conditioning and Refrigeration
2-7 Contractor License Law (Article 8861, Vernon's Texas Civil
2-8 Statutes), is amended to read as follows:
2-9 (a) The Air Conditioning and Refrigeration [Contractors]
2-10 Advisory Board is created to advise the commissioner in adopting
2-11 rules and enforcing and administering this Act and to advise the
2-12 commission in setting fees.
2-13 SECTION 5. Section 3B, Air Conditioning and Refrigeration
2-14 Contractor License Law (Article 8861, Vernon's Texas Civil
2-15 Statutes), is amended to read as follows:
2-16 Sec. 3B. License required. Unless the person is exempted
2-17 under Section 6 of this Act, a person may not perform air
2-18 conditioning and refrigeration contracting, air conditioning and
2-19 refrigeration installation, or air conditioning and refrigeration
2-20 maintenance work without an appropriate [a] license under this Act.
2-21 SECTION 6. The heading of Section 4, Air Conditioning and
2-22 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
2-23 Civil Statutes), is amended to read as follows:
2-24 Sec. 4. Air conditioning and refrigeration [contractor]
2-25 licenses.
2-26 SECTION 7. Section 4, Air Conditioning and Refrigeration
2-27 Contractor License Law (Article 8861, Vernon's Texas Civil
3-1 Statutes), is amended by amending Subsections (a), (c), and (g) and
3-2 adding Subsections (j) and (k) to read as follows:
3-3 (a) Air conditioning and refrigeration [contractor] licenses
3-4 are of five [two] classes:
3-5 (1) a Class A license entitles the licensee to perform
3-6 air conditioning and refrigeration contracting, of each type for
3-7 which the license is endorsed, on systems, products, or equipment
3-8 of any size or capacity; [and]
3-9 (2) a Class B license entitles the licensee to perform
3-10 air conditioning and refrigeration contracting, of each type for
3-11 which the license is endorsed, on systems, products, or equipment
3-12 of not more than 25 tons cooling capacity or of not more than 1.5
3-13 million British thermal units per hour output heating capacity;
3-14 (3) an air conditioning and refrigeration installer
3-15 license entitles the license holder to perform:
3-16 (A) air conditioning and refrigeration
3-17 installations, of each type for which the license is endorsed, on
3-18 the type of systems allowed by rule of the commissioner; and
3-19 (B) air conditioning and refrigeration
3-20 maintenance work, of each type for which the license is endorsed,
3-21 on the type of systems allowed by rule of the commissioner;
3-22 (4) an air conditioning and refrigeration service
3-23 technician license entitles the license holder to perform:
3-24 (A) air conditioning and refrigeration
3-25 maintenance work, of each type for which the license is endorsed,
3-26 on the type of systems allowed by rule of the commissioner; and
3-27 (B) limited air conditioning and refrigeration
4-1 installations, as defined by rule of the commissioner, of each type
4-2 for which the license is endorsed; and
4-3 (5) an air conditioning and refrigeration apprentice
4-4 license entitles the license holder to assist a licensed air
4-5 conditioning and refrigeration contractor, air conditioning and
4-6 refrigeration installer, or air conditioning and refrigeration
4-7 service technician with:
4-8 (A) air conditioning and refrigeration
4-9 installations, of each type for which the license is endorsed, on
4-10 the type of systems allowed by rule of the commissioner; and
4-11 (B) air conditioning and refrigeration
4-12 maintenance work, of each type for which the license is endorsed,
4-13 on the type of systems allowed by rule of the commissioner.
4-14 (c) Each license shall be endorsed for either environmental
4-15 air conditioning or commercial refrigeration and process cooling
4-16 and heating, or both. For each endorsement the licensee must
4-17 perform satisfactorily on a separate examination related to the
4-18 endorsement. A licensee may not perform under a state license air
4-19 conditioning and refrigeration contracting, air conditioning and
4-20 refrigeration installation, or air conditioning and refrigeration
4-21 maintenance work of a type for which the person's license is not
4-22 endorsed.
4-23 (g) The commissioner shall issue an air conditioning and
4-24 refrigeration [contractor] license under this Act to an applicant
4-25 who possesses the required qualifications, passes the appropriate
4-26 examinations, and pays the examination fee and the original license
4-27 fee required by this Act. An applicant who fails an examination is
5-1 eligible for reexamination.
5-2 (j) The annual fee for a license to act as an air
5-3 conditioning and refrigeration installer, air conditioning and
5-4 refrigeration service technician, or air conditioning and
5-5 refrigeration apprentice shall be in an amount not to exceed $25.
5-6 (k) The commissioner shall establish practical experience
5-7 requirements for obtaining an air conditioning and refrigeration
5-8 installer, air conditioning and refrigeration service technician,
5-9 or air conditioning and refrigeration apprentice license.
5-10 SECTION 8. Section 7, Air Conditioning and Refrigeration
5-11 Contractor License Law (Article 8861, Vernon's Texas Civil
5-12 Statutes), is amended to read as follows:
5-13 Sec. 7. Reporting Requirement. Each person licensed under
5-14 this Act shall notify the municipal authority who has control of
5-15 the enforcement of regulations relative to air conditioning and
5-16 refrigeration work [contracting] in the municipality in which the
5-17 person is engaged in air conditioning and refrigeration
5-18 contracting, air conditioning and refrigeration installation, or
5-19 air conditioning and refrigeration maintenance work that the person
5-20 has obtained an appropriate [a] state license. The notification
5-21 must be in the form required by the municipality.
5-22 SECTION 9. Section 8, Air Conditioning and Refrigeration
5-23 Contractor License Law (Article 8861, Vernon's Texas Civil
5-24 Statutes), is amended to read as follows:
5-25 Sec. 8. Penalty. Except as provided in Section 9, a person
5-26 commits an offense if the person knowingly or intentionally engages
5-27 in air conditioning and refrigeration contracting, air conditioning
6-1 and refrigeration installation, or air conditioning and
6-2 refrigeration maintenance work without an appropriate [a] license
6-3 issued under this Act. An offense under this section is a Class B
6-4 misdemeanor.
6-5 SECTION 10. Section 9, Air Conditioning and Refrigeration
6-6 Contractor License Law (Article 8861, Vernon's Texas Civil
6-7 Statutes), is amended to read as follows:
6-8 Sec. 9. Municipal Regulation. (a) A license issued by a
6-9 municipality of this state is valid under the terms of the license
6-10 within that municipality. However, a license issued under this Act
6-11 is valid throughout the state, and the holder and people under
6-12 supervision are not required to hold a municipal license to
6-13 practice air conditioning and refrigeration contracting, air
6-14 conditioning and refrigeration installation, or air conditioning
6-15 and refrigeration maintenance work in any municipality within this
6-16 state.
6-17 (b) A municipality may by ordinance adopt and enforce
6-18 standards for air conditioning and refrigeration contractors, air
6-19 conditioning and refrigeration installers, air conditioning and
6-20 refrigeration service technicians, and air conditioning and
6-21 refrigeration apprentices that are consistent with the standards
6-22 established under this Act. The municipality shall report
6-23 violations of the ordinance to the commissioner not later than the
6-24 10th day after the date on which the municipality takes action to
6-25 enforce the ordinance. Conviction of an offense under the
6-26 municipal ordinance is a ground for the denial, suspension, or
6-27 revocation of a license issued under this Act.
7-1 SECTION 11. (a) A person may obtain an air conditioning and
7-2 refrigeration installer or air conditioning and refrigeration
7-3 service technician license and the appropriate endorsements without
7-4 taking the examinations required by the commissioner of licensing
7-5 and regulation if the person provides evidence to the commissioner
7-6 that the person has, as of January 1, 1998, at least five years'
7-7 experience in the area of air conditioning and refrigeration work
7-8 in which the person seeks a license and endorsement.
7-9 (b) The commissioner of licensing and regulation shall adopt
7-10 rules for determining the type of air conditioning and
7-11 refrigeration work that qualifies as experience needed for
7-12 exemption from the examination requirements for obtaining a license
7-13 and the accompanying endorsements not later than December 1, 1997.
7-14 SECTION 12. (a) Except as provided by Subsection (b), this
7-15 Act takes effect September 1, 1997.
7-16 (b) A person is not required to obtain a license to perform
7-17 or assist in performing air conditioning and refrigeration
7-18 installations or air conditioning and refrigeration maintenance
7-19 work as required by Section 3B, Air Conditioning and Refrigeration
7-20 Contractor License Law (Article 8861, Vernon's Texas Civil
7-21 Statutes), as amended by this Act, before January 1, 1999.
7-22 SECTION 13. The importance of this legislation and the
7-23 crowded condition of the calendars in both houses create an
7-24 emergency and an imperative public necessity that the
7-25 constitutional rule requiring bills to be read on three several
7-26 days in each house be suspended, and this rule is hereby suspended.