1-1 AN ACT
1-2 relating to the regulation of the sale and use of certain
1-3 refrigerants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6(a), 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 (a) Except as provided by Section 10 of this Act, this
1-9 [This] Act does not apply to a person who:
1-10 (1) performs air conditioning and refrigeration
1-11 contracting in a building owned solely by the person [him] as the
1-12 person's [his] home;
1-13 (2) performs air conditioning or refrigeration
1-14 maintenance work if (i) the person is a maintenance person [man] or
1-15 maintenance engineer who is a regular bona fide employee of the
1-16 property owner, the property lessee, or the management company
1-17 managing the property where the maintenance work is being
1-18 performed, (ii) the work is performed in connection with the
1-19 business in which the person is employed, and (iii) the person and
1-20 the person's employer referred to in (i) above do not engage in the
1-21 occupation of air conditioning and refrigeration contracting for
1-22 the general public;
1-23 (3) performs air conditioning and refrigeration
1-24 contracting and is regularly employed by a regulated electric or
2-1 gas utility;
2-2 (4) is licensed as a professional engineer under The
2-3 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
2-4 Statutes), performs work in connection with the business in which
2-5 the person is employed, and does not engage in the practice of air
2-6 conditioning and refrigeration contracting for the general public;
2-7 (5) performs process cooling or heating work for an
2-8 industrial operation such as a chemical plant, petrochemical plant,
2-9 refinery, natural gas plant, or natural gas treating plant when
2-10 employed by that operation;
2-11 (6) performs air conditioning and refrigeration
2-12 contracting on:
2-13 (A) a portable or self-contained ductless air
2-14 conditioning or refrigeration product that has a cooling capacity
2-15 of three tons or less;
2-16 (B) a portable or self-contained heating product
2-17 that does not require the forced movement of air outside the
2-18 heating unit; or
2-19 (C) environmental air conditioning equipment
2-20 that is intended for temporary use and is not fixed in place; or
2-21 (7) performs air conditioning services only on a motor
2-22 vehicle or MVAC-like appliance air conditioner [conditioning unit]
2-23 or who employs a person who performs air conditioning services only
2-24 on a motor vehicle or MVAC-like appliance air conditioner
2-25 [conditioning unit]. For the purposes of this article, "MVAC-like
2-26 appliance" has the meaning as that term is defined in 40 C.F.R.
2-27 Section 82.152.
3-1 SECTION 2. Section 10(g), Air Conditioning and Refrigeration
3-2 Contractor License Law (Article 8861, Vernon's Texas Civil
3-3 Statutes), is amended to read as follows:
3-4 (g) A purchaser may purchase refrigerants if that person's
3-5 use is exempt under Section 6(a)(1), (3), (5), (6), or (7) of this
3-6 Act if the person is authorized to do so under other state or
3-7 federal law and is not required to provide to a seller evidence of
3-8 the exemption.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1064 was passed by the House on April
16, 1999, by the following vote: Yeas 136, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1064 on May 26, 1999, by the following vote: Yeas 143, Nays 0,
3 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1064 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor