SRC-DPW C.S.H.B. 1064 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1064
By: Pickett (Carona)
Economic Development
5/12/1999
Committee Report (Substituted)


DIGEST 

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 state license, and provides for several exemptions from licensure.  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.  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. This bill would clarify
provisions in the previously enacted ACRCLL regarding licensure, and
specifically exempt from refrigerant purchasing requirements those who had
previously been explicitly exempt. 

PURPOSE

As proposed, C.S.H.B. 1064 revises the regulation of the sale and use of
certain refrigerants. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 6(a), Article 8861, V.T.C.S., to provide that
this Act does not apply to a person who performs air conditioning and
refrigeration contracting in a building owned solely by the person, rather
than him, as the person's home, rather than his, or performs air
conditioning services only on a motor vehicle or MVAC-like appliance air
conditioner, rather than conditioning unit, except as provided by Section
10 of this Act.  Defines "MVAC-like appliance." Makes conforming and
nonsubstantive changes. 

SECTION 2. Amends Section 10(g), Article 8861, V.T.C.S., to authorize a
purchaser to purchase refrigerants if that person's use is exempt under
Section 6(a)(1), (3), (5), (6), or (7) of this Act. 

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