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.