HBA-MPA H.B. 1064 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1064
By: Pickett
Licensing & Administrative Procedures
6/29/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the Air Conditioning and Refrigeration
Contractor License Law (Article 8861, V.T.C.S.) (ACRCLL), required any air
conditioning or refrigeration contractor doing business in Texas to hold
either a municipal or a state license, and provided for several exemptions
from licensure, most notably for apartment staff maintenance people and
persons who perform air conditioning services only on a motor vehicle air
conditioner.  The federal Clean Air Act governs the use of refrigerants
used in the heating, ventilation, and air conditioning industry, and some
of that Act's provisions were placed into Texas law by the 75th
Legislature.  However, in the development of applicable rules it became
apparent that the language of the law had inadvertently failed to exempt
from the refrigerant purchasing provisions persons who had been explicitly
exempted from the ACRCLL.  H.B.1064 clarifies provisions in the previously
enacted ACRCLL regarding licensure, and specifically exempts from
refrigerant purchasing requirements those who had previously been
explicitly exempt. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 6(a), Article 8861, V.T.C.S., to exempt from this
article, except as provided by Section 10, a person who performs air
conditioning services only on a motor vehicle or MVAC-like appliance air
conditioner (as defined in 40 C.F.R. Section 82.152), rather than a motor
vehicle air conditioning unit.  Makes nonsubstantive changes. 

SECTION 2. Amends Section 10(g), Article 8861, V.T.C.S., to add to a list
of those who may purchase refrigerants: 

_employees of an electric or gas utility; 

_those who perform cooling and heating work for enumerated industrial
plants; 

_those who contract air conditioning and refrigeration on a portable or
self-contained air conditioning and refrigeration product with a capacity
of three tons or less or a heating product not requiring forced air
movement outside of the unit, or temporary air conditioning equipment not
fixed in place; and 

_those who perform air conditioning services only on a motor vehicle air
conditioner and their employer.  

SECTION 3.  Emergency clause.
  Effective date: upon passage.