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.
2-11 * * * * *