78R5823 MXM-F
By: Pitts H.B. No. 1847
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of air conditioning and refrigeration
contractors; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1302.002, Occupations Code, is amended
by adding Subdivision (11-a) to read as follows:
(11-a) "Executive director" means the executive director of
the department.
SECTION 2. Section 1302.101, Occupations Code, is amended
to read as follows:
Sec. 1302.101. GENERAL POWERS AND DUTIES OF EXECUTIVE
DIRECTOR [COMMISSIONER]. [(a)] The executive director
[commissioner] shall:
(1) adopt rules for the practice of air conditioning
and refrigeration contracting that are at least as strict as the
standards provided by:
(A) the Uniform Mechanical Code published
jointly by the International Conference of Building Officials and
the International Association of Plumbing and Mechanical
Officials, as that code exists at the time the rules are adopted; or
(B) the Standard Mechanical Code published by the
Southern Building Code Congress International, Inc., as that code
exists at the time the rules are adopted;
(2) prescribe the design of an original and a renewal
license; and
(3) maintain a record of the department's
[commissioner's] proceedings under this chapter.
[(b) The commissioner may authorize disbursements necessary
to implement this chapter, including disbursements for office
expenses, equipment costs, and other necessary facilities.]
SECTION 3. Section 1302.102, Occupations Code, is amended
to read as follows:
Sec. 1302.102. INSURANCE REQUIREMENTS. (a) The executive
director [commissioner] shall set insurance requirements for a
license holder under this chapter.
(b) The executive director [commissioner] may waive the
insurance requirements for a license holder who does not engage in
air conditioning and refrigeration contracting for the public.
SECTION 4. Section 1302.103, Occupations Code, is amended
to read as follows:
Sec. 1302.103. RULES REGARDING USE AND DISPLAY OF LICENSE.
The executive director [commissioner], with the advice of the
advisory board, shall adopt rules relating to the use, display, and
advertisement of a license.
SECTION 5. Section 1302.105, Occupations Code, is amended
to read as follows:
Sec. 1302.105. PERSONNEL; EXAMINERS. [(a)] The department
may employ personnel necessary to administer this chapter.
[(b) The department shall employ at least two full-time air
conditioning and refrigeration contractors to serve as examiners.]
SECTION 6. Section 1302.107(a), Occupations Code, is
amended to read as follows:
(a) The executive director [commissioner] may recognize,
prepare, or administer continuing education programs for license
holders.
SECTION 7. Section 1302.151, Occupations Code, is amended
to read as follows:
Sec. 1302.151. CONSUMER INTEREST INFORMATION. (a) The
executive director [commissioner] shall prepare information of
consumer interest describing:
(1) the functions performed by the executive director
[commissioner] under this chapter; and
(2) the rights of a consumer affected by this chapter.
(b) The information must describe the procedure by which a
consumer complaint is filed with and resolved by the executive
director [commissioner].
(c) The executive director [commissioner] shall make the
information available to the public.
SECTION 8. Section 1302.152, Occupations Code, is amended
to read as follows:
Sec. 1302.152. COMPLAINT INVESTIGATION. (a) The executive
director [commissioner] shall investigate a consumer complaint
filed with the executive director [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
holder violated this chapter or a rule adopted under this chapter.
SECTION 9. Section 1302.203, Occupations Code, is amended
to read as follows:
Sec. 1302.203. EX OFFICIO MEMBERS. The executive director
serves [commissioner and the chief administrator of this chapter
serve] as an ex officio, nonvoting member [members] of the advisory
board.
SECTION 10. Section 1302.204, Occupations Code, is amended
to read as follows:
Sec. 1302.204. ADVISORY BOARD DUTIES. [(a)] The advisory
board shall advise the executive director [commissioner] in:
(1) adopting rules;
(2) [and in] administering and enforcing this chapter;
and
(3) [.
[(b) The advisory board shall advise the commission in]
setting fees under this chapter.
SECTION 11. Section 1302.253(a), Occupations Code, is
amended to read as follows:
(a) The executive director [commissioner] shall issue a
Class A or Class B air conditioning and refrigeration contractor
license.
SECTION 12. Section 1302.255, Occupations Code, is amended
to read as follows:
Sec. 1302.255. ELIGIBILITY REQUIREMENTS. (a) An applicant
for a license under this chapter must:
(1) be at least 18 years old; and
(2) have at least 36 months of practical experience in
the field of air conditioning and refrigeration [with the tools of
the trade] in the preceding five years.
(b) For purposes of determining an applicant's practical
experience under Subsection (a)(2), a degree or diploma in air
conditioning engineering, refrigeration engineering, or mechanical
engineering is equivalent to two years of practical experience if[:
[(1)] the degree or diploma is from an institution of
higher education[; and
[(2) the institution's program is approved by the
Texas Board of Professional Engineers for the purpose of licensing
engineers].
SECTION 13. Sections 1302.256(a) and (c), Occupations Code,
are amended to read as follows:
(a) An applicant for a license must submit an [a verified]
application on a form prescribed by the executive director
[commissioner].
(c) The application must be accompanied by:
(1) a statement containing evidence satisfactory to
the executive director [commissioner] of the applicant's practical
experience required by Section 1302.255(a)(2); and
(2) the examination fee.
SECTION 14. Section 1302.257, Occupations Code, is amended
to read as follows:
Sec. 1302.257. EXAMINATIONS. (a) The executive director
[commissioner] shall prescribe:
(1) a separate examination for each class of license;
and
(2) within each class of license, a separate
examination for:
(A) an environmental air conditioning
endorsement; and
(B) a commercial refrigeration and process
cooling or heating endorsement.
(b) The executive director [commissioner] shall prescribe
the method and content of an examination administered under this
chapter and shall set compliance requirements for the examination.
To obtain an endorsement, an applicant must pass the examination
for the endorsement.
(c) The examination shall be offered on a monthly basis or
more frequently as determined by the executive director
[commissioner].
(d) The examination shall be offered at locations within the
state as determined by the executive director [commissioner]. The
examination may be offered by computer at locations within the
state as determined by the executive director [commissioner].
SECTION 15. Sections 1302.258(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) The executive director [commissioner] shall notify each
examinee of the results of an examination not later than the 30th
day after the date the examination is administered. If an
examination is graded or reviewed by a national testing service,
the executive director [commissioner] shall notify each examinee of
the results of the examination not later than the 14th day after the
date the executive director [commissioner] receives the results
from the testing service.
(b) If the notice of the results of an examination graded or
reviewed by a national testing service will be delayed for more than
90 days after the examination date, the executive director
[commissioner] shall notify each examinee of the reason for the
delay before the 90th day.
(c) If requested in writing by a person who fails the
examination, the executive director [commissioner] shall provide
to the person an analysis of the person's performance on the
examination.
SECTION 16. Section 1302.259, Occupations Code, is amended
to read as follows:
Sec. 1302.259. WAIVER OF LICENSE REQUIREMENT. The
executive director [commissioner] may waive any license
requirement for an applicant who holds a license issued by another
state that has a reciprocity agreement with this state.
SECTION 17. Section 1302.260(a), Occupations Code, is
amended to read as follows:
(a) On payment of the license fee, the executive director
[commissioner] shall issue an air conditioning and refrigeration
contractor license to an applicant who:
(1) meets the requirements of this subchapter;
(2) provides evidence of insurance coverage required
by the executive director [commissioner] in accordance with this
chapter; and
(3) passes the applicable examination.
SECTION 18. Section 1302.261, Occupations Code, is amended
to read as follows:
Sec. 1302.261. TEMPORARY LICENSE. The executive director
[commissioner] by rule may provide for the issuance of a temporary
air conditioning and refrigeration contracting license to an
applicant who:
(1) submits to the executive director [commissioner]
an application on a form prescribed by the executive director
[commissioner]; and
(2) pays the required fees.
SECTION 19. Section 1302.262(a), Occupations Code, is
amended to read as follows:
(a) A person who obtains a license under this subchapter
shall provide a notice to the municipal authority that enforces air
conditioning and refrigeration contracting regulations in each
[the] municipality in which the person engages in air conditioning
and refrigeration contracting.
SECTION 20. Section 1302.303(b), Occupations Code, is
amended to read as follows:
(b) The municipality shall report a violation of the
ordinance to the executive director [commissioner] not later than
the 10th day after the date the municipality acts to enforce the
ordinance.
SECTION 21. Section 1302.354(b), Occupations Code, is
amended to read as follows:
(b) The executive director [commissioner] by rule shall
adopt requirements governing the registration and issuance of a
certificate of registration.
SECTION 22. Section 1302.355(c), Occupations Code, is
amended to read as follows:
(c) The executive director [commissioner] by rule shall
establish requirements for evidence that satisfies this section.
SECTION 23. Section 1302.401(a), Occupations Code, is
amended to read as follows:
(a) A person is subject to the denial of an application,
[or] disciplinary action under Section 51.353, or the imposition of
an administrative penalty under Subchapter F, Chapter 51, if the
person:
(1) violates this chapter or a rule adopted under this
chapter; or
(2) is convicted of an offense under a municipal
ordinance adopted under Section 1302.303.
SECTION 24. Section 1302.451, Occupations Code, is amended
to read as follows:
Sec. 1302.451. EMERGENCY ORDERS; [AND] CEASE AND DESIST
ORDERS. (a) The executive director [commissioner] may issue an
emergency order as necessary to enforce this chapter if the
executive director [commissioner] determines from evidence
presented to the executive director that an emergency exists that
constitutes a clear, imminent, or continuing threat to a person's
physical health or well-being [requiring immediate action to
protect the public health and safety].
(b) The executive director [commissioner] may issue the
emergency order without notice and hearing or with any notice and
hearing the executive director [commissioner] considers
practicable under the circumstances. The executive director
[commissioner] shall set the time and place for a hearing to affirm,
modify, or set aside an emergency order that was issued without a
hearing. The hearing must be scheduled for a date not later than
the 15th day after the date on which the emergency order is issued.
(c) The executive director [commissioner] may issue a cease
and desist order.
SECTION 25. Section 1302.453(b), Occupations Code, is
amended to read as follows:
(b) An offense under this section is a Class A [C]
misdemeanor.
SECTION 26. Section 1302.002(8), Occupations Code, is
repealed.
SECTION 27. (a) The change in law made to Section 1302.453,
Occupations Code, by this Act applies only to the punishment for an
offense committed on or after the effective date of this Act. For
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect on the date that the offense was
committed, and this former law is continued in effect for this
purpose.
SECTION 28. Section 1302.255, Occupations Code, as amended
by this Act, applies only to a license application filed with the
Texas Department of Licensing and Regulation on or after the
effective date of this Act.
SECTION 29. This Act takes effect September 1, 2003.