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78R3610 MXM-F

By:  Allen                                                        H.B. No. 1081



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of air conditioning and refrigeration 
contractors and technicians.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1302.152, Occupations Code, is amended 
to read as follows:
	Sec. 1302.152.  COMPLAINT INVESTIGATION.  (a) The department
[commissioner] shall investigate a consumer complaint filed with 
the department [commissioner].
	(b)  The executive director [commissioner] may take 
appropriate action under Section 51.353 if the executive director
[commissioner] determines after an investigation that a license or 
certificate holder violated this chapter or a rule adopted under 
this chapter.
	SECTION 2.  Chapter 1302, Occupations Code, is amended by 
adding Subchapter K to read as follows:

SUBCHAPTER K.  AIR CONDITIONING AND REFRIGERATION TECHNICIANS
	Sec. 1302.501.  DEFINITIONS.  In this subchapter:                       
		(1)  "Air conditioning and refrigeration technician" 
means a person who assists a licensed air conditioning and 
refrigeration contractor in performing air conditioning and 
refrigeration contracting.
		(2)  "Certificate" means a certificate of registration 
issued under this subchapter.
	Sec. 1302.502.  REGISTRATION REQUIRED.  (a)  A person may not 
act as an air conditioning and refrigeration technician unless the 
person holds a certificate of registration issued under this 
subchapter.
	(b)  A certificate is valid throughout the state. A person 
who holds a certificate is not required to be registered in a 
municipality to assist in air conditioning and refrigeration 
contracting.
	Sec. 1302.503.  RULES.  The department may adopt rules to 
implement this subchapter.
	Sec. 1302.504.  SUPERVISION REQUIREMENTS FOR REGISTRANTS.  
(a)  An air conditioning and refrigeration technician must be 
supervised by an air conditioning and refrigeration contractor 
licensed under this chapter.
	(b)  A certificate holder shall notify the department in 
writing not later than the 30th day after the date on which  a change 
occurs in the identity of an air conditioning and refrigeration 
contractor who supervises the certificate holder.
	Sec. 1302.505.  APPLICATION; FEE.  (a) An applicant for a 
certificate must submit an application on a form prescribed by the 
executive director.
	(b)  The application must be completed and accompanied by:              
		(1)  the application fee; and                                          
		(2)  the name and license number of each air 
conditioning and refrigeration contractor who will supervise the 
applicant.
	Sec. 1302.506.  WAIVER OF REGISTRATION REQUIREMENT.  The 
executive director may waive any registration requirement for an 
applicant who holds a registration issued by another state that has 
a reciprocity agreement with this state.
	Sec. 1302.507.  ISSUANCE AND TERM OF REGISTRATION.  (a) On 
receipt of a completed application, the department shall issue a 
certificate to an applicant who meets the requirements of this 
subchapter.
	(b)  A certificate is valid for one year from the date of 
issuance.   
	Sec. 1302.508.  RENEWAL OF REGISTRATION.  To renew a 
certificate a certificate holder must:
		(1)  submit a renewal request on a form prescribed by 
the executive director;
		(2)  provide the name and license number of each air 
conditioning and refrigeration contractor who will supervise the 
certificate holder; and
		(3)  pay the required renewal fee.                                     
	SECTION 3.  Section 411.093(a), Government Code, is amended 
to read as follows:
	(a)  The Texas Department of Licensing and Regulation is 
entitled to obtain from the department criminal history record 
information maintained by the department that relates to a person 
who is:
		(1)  an applicant for a license or registration under:          
			(A)  Chapter 1302, Occupations Code; or                               
			(B)  Chapter 2052, Occupations Code [the Texas 
Boxing and Wrestling Act (Article 8501-1, Vernon's Texas Civil 
Statutes)]; or
		(2)  the holder of a license or registration under 
those chapters [that Act].
	SECTION 4.  Effective March 31, 2004, Section 1302.062, 
Occupations Code, is repealed.
	SECTION 5.  Not later than December 31, 2003, the Texas 
Department of Licensing and Regulation shall adopt rules 
implementing Subchapter K, Chapter 1302, Occupations Code, as added 
by this Act.
	SECTION 6.  (a) Except as provided by Subsection (b) of this 
section, this Act takes effect September 1, 2003.
	(b)  Sections 1302.502 and 1302.504, Occupations Code, as 
added by this Act, take effect March 31, 2004.