1-1     By:  Pickett, et al. (Senate Sponsor - Carona)        H.B. No. 1064
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 14, 1999, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 7, Nays
 1-6     0; May 14, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1064                  By:  Carona
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of the sale and use of certain
1-11     refrigerants.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 6(a), Air Conditioning and Refrigeration
1-14     Contractor License Law (Article 8861, Vernon's Texas Civil
1-15     Statutes), is amended to read as follows:
1-16           (a)  Except as provided by Section 10 of this Act, this
1-17     [This] Act does not apply to a person who:
1-18                 (1)  performs air conditioning and refrigeration
1-19     contracting in a building owned solely by the person [him] as the
1-20     person's [his] home;
1-21                 (2)  performs air conditioning or refrigeration
1-22     maintenance work if (i) the person is a maintenance person [man] or
1-23     maintenance engineer who is a regular bona fide employee of the
1-24     property owner, the property lessee, or the management company
1-25     managing the property where the maintenance work is being
1-26     performed, (ii) the work is performed in connection with the
1-27     business in which the person is employed, and (iii) the person and
1-28     the person's employer referred to in (i) above do not engage in the
1-29     occupation of air conditioning and refrigeration contracting for
1-30     the general public;
1-31                 (3)  performs air conditioning and refrigeration
1-32     contracting and is regularly employed by a regulated electric or
1-33     gas utility;
1-34                 (4)  is licensed as a professional engineer under The
1-35     Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
1-36     Statutes), performs work in connection with the business in which
1-37     the person is employed, and does not engage in the practice of air
1-38     conditioning and refrigeration contracting for the general public;
1-39                 (5)  performs process cooling or heating work for an
1-40     industrial operation such as a chemical plant, petrochemical plant,
1-41     refinery, natural gas plant, or natural gas treating plant when
1-42     employed by that operation;
1-43                 (6)  performs air conditioning and refrigeration
1-44     contracting on:
1-45                       (A)  a portable or self-contained ductless air
1-46     conditioning or refrigeration product that has a cooling capacity
1-47     of three tons or less;
1-48                       (B)  a portable or self-contained heating product
1-49     that does not require the forced movement of air outside the
1-50     heating unit; or
1-51                       (C)  environmental air conditioning equipment
1-52     that is intended for temporary use and is not fixed in place; or
1-53                 (7)  performs air conditioning services only on a motor
1-54     vehicle or MVAC-like appliance air conditioner [conditioning unit]
1-55     or who employs a person who performs air conditioning services only
1-56     on a motor vehicle or MVAC-like appliance air conditioner
1-57     [conditioning unit].  For the purposes of this article, "MVAC-like
1-58     appliance" has the meaning as that term is defined in 40 CFR
1-59     Section 82.152.
1-60           SECTION 2.  Section 10(g), Air Conditioning and Refrigeration
1-61     Contractor License Law (Article 8861, Vernon's Texas Civil
1-62     Statutes), is amended to read as follows:
1-63           (g)  A purchaser may purchase refrigerants if that person's
1-64     use is exempt under Section 6(a)(1), (3), (5), (6), or (7) of this
 2-1     Act if the person is authorized to do so under other state or
 2-2     federal law and is not required to provide to a seller evidence of
 2-3     the exemption.
 2-4           SECTION 3.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended,
 2-9     and that this Act take effect and be in force from and after its
2-10     passage, and it is so enacted.
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