By Barrientos                                   S.B. No. 1315

      75R5158 JMM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to continuing education requirements for air conditioning

 1-3     and refrigeration contractors.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 4B, Air Conditioning and Refrigeration

 1-6     Contractor License Law (Article 8861, Vernon's Texas Civil

 1-7     Statutes), is amended to read as follows:

 1-8           Sec. 4B.  CONTINUING EDUCATION REQUIREMENTS [PROGRAMS].

 1-9     (a)  The commissioner by rule shall [may] recognize or adopt[,

1-10     prepare, or administer] continuing education programs for

1-11     licensees.  Participation in the programs is mandatory for renewal

1-12     of a license issued under this Act [voluntary].

1-13           (b)  A license holder is not required to participate in

1-14     continuing education until the second anniversary of the date the

1-15     license holder was initially licensed under this Act.  A license

1-16     holder required to participate in continuing education must

1-17     annually provide proof to the commissioner that the license holder

1-18     in the preceding year has attended eight classroom hours of

1-19     continuing education courses approved by the commissioner.

1-20           (c)  The commissioner by rule, with the advice of the

1-21     advisory board, may permit the substitution of relevant education

1-22     experience for classroom attendance.  The substituted experience

1-23     must be approved by the commissioner.  For purposes of this

1-24     section, relevant education experience includes participation in

 2-1     correspondence courses, manufacturer training, trade association

 2-2     workshops or seminars, chapter meetings, and supervised video

 2-3     instruction.

 2-4           (d)  Continuing education courses or relevant education

 2-5     experience approved by the commissioner may cover technical,

 2-6     business, safety, or legal aspects of air conditioning and

 2-7     refrigeration contracting.

 2-8           (e)  The commissioner may not require an examination under

 2-9     this section except for approval of a correspondence course or a

2-10     continuing education course offered by an alternative delivery

2-11     system, including by computer.

2-12           (f)  The commission shall adopt fees for continuing education

2-13     providers in amounts reasonable and necessary to administer this

2-14     section.

2-15           (g)  A person seeking to provide a continuing education

2-16     program must meet the requirements adopted by rule of the

2-17     commissioner.  An applicant that meets the requirements and that is

2-18     approved by the commissioner may provide continuing education

2-19     programs until the second anniversary of the date the provider's

2-20     application was approved.  A provider may reapply to the

2-21     commissioner to act as a provider for additional two-year periods.

2-22           SECTION 2.  (a)  This Act takes effect September 1, 1997.

2-23           (b)  The commissioner of licensing and regulation shall adopt

2-24     rules and the Texas Commission of Licensing and Regulation shall

2-25     adopt fees under this Act not later than January 1, 1998.

2-26           (c)  Notwithstanding Section 4B(b), Air Conditioning and

2-27     Refrigeration Contractor License Law (Article 8861, Vernon's Texas

 3-1     Civil Statutes), as added by this Act, a person who holds a license

 3-2     under that Act on the effective date of this Act is not required to

 3-3     fulfill continuing education required under that section to renew

 3-4     the license before September 1, 1999.

 3-5           SECTION 3.  The importance of this legislation and the

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended.