HBA-MPA H.B. 1064 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1064 By: Pickett Licensing & Administrative Procedures 3/9/1999 Introduced BACKGROUND AND PURPOSE Currently, the Air Conditioning and Refrigeration Contractor License Law (Article 8861, V.T.C.S.) (ACRCLL), requires any air conditioning or refrigeration contractor doing business in Texas to hold either a municipal or a state license, and provides 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 make conforming and 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. Makes nonsubstantive changes. SECTION 3. Emergency clause. Effective date: upon passage.