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By: Carona S.B. No. 686
(In the Senate - Filed February 23, 2005; March 2, 2005,
read first time and referred to Committee on Business and Commerce;
April 6, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 6, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 686 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of air conditioning and refrigeration
technicians; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1302.002, Occupations Code, is amended
by adding Subdivisions (5-a), (5-b), and (17) to read as follows:
(5-a) "Air conditioning and refrigeration technician"
means a person who assists a licensed air conditioning and
refrigeration contractor in performing air conditioning and
refrigeration maintenance work.
(5-b) "Certified technician" means a registered
technician who has completed a certification examination.
(17) "Registered technician" means a technician who is
registered with the department.
SECTION 2. Section 1302.101, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The department may examine any criminal conviction,
guilty plea, or deferred adjudication of an applicant for issuance
or renewal of a license, including by obtaining any criminal
history record information permitted by law.
SECTION 3. Section 1302.263, Occupations Code, is amended
to read as follows:
Sec. 1302.263. LIMITATION ON LICENSE HOLDER OR REGISTERED
TECHNICIAN. A person licensed under this chapter may not:
(1) perform or offer or attempt to perform an act,
service, or function that is:
(A) [(1)] defined as the practice of engineering
under Chapter 1001, unless the person holds a license under that
chapter;
(B) [(2)] regulated under Chapter 113, Natural
Resources Code, unless the person holds a license or is exempt by
rule under that chapter; or
(C) [(3)] defined as plumbing under Chapter
1301, unless the person holds a license under that chapter; or
(2) use the services of a person who is not a
registered technician to assist in the performance of air
conditioning and refrigeration maintenance work.
SECTION 4. Subsection (a), Section 1302.401, Occupations
Code, is amended to read as follows:
(a) A person is subject to the denial of an application, the
imposition of an administrative penalty under Subchapter F, Chapter
51, or disciplinary action under Section 51.353 if the person:
(1) violates this chapter or a rule adopted under this
chapter; or
(2) violates [is convicted of an offense under] a
municipal ordinance adopted under Section 1302.303.
SECTION 5. Section 1302.402, Occupations Code, is amended
to read as follows:
Sec. 1302.402. ADMINISTRATIVE PROCEDURES. A proceeding for
the denial of a license or registration application or disciplinary
action and an appeal from that proceeding are governed by Chapter
2001, Government Code.
SECTION 6. Chapter 1302, Occupations Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. AIR CONDITIONING AND REFRIGERATION TECHNICIANS
Sec. 1302.501. REGISTRATION REQUIRED. (a) A person may
not act or offer to act as an air conditioning and refrigeration
technician unless the person is registered under this subchapter.
(b) A registration is valid throughout the state.
Sec. 1302.502. RULES. The executive director shall adopt
rules:
(1) registering technicians as prescribed by this
subchapter;
(2) adopting standards of conduct for registered
technicians and license holders under this subchapter; and
(3) establishing fees for issuance and renewal of a
registration.
Sec. 1302.503. 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 supervising air conditioning and refrigeration
contractor shall notify the department in writing not later than
the 30th day after the date on which the contractor begins
supervising a registered technician.
(c) An air conditioning and refrigeration contractor must
notify the department of the name and registration number of any
registered technician for whom the contractor provided notice under
Subsection (b) that the contractor no longer supervises on each
application for renewal of the contractor's license.
Sec. 1302.504. APPLICATION; FEE. (a) An applicant for
registration must submit an application on a form prescribed by the
executive director.
(b) The completed application must be 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. 1302.505. ISSUANCE AND TERM OF REGISTRATION. (a) On
receipt of a completed application, the department shall register
an applicant who meets the requirements of this subchapter.
(b) A registration is valid for one year from the date of
issuance.
Sec. 1302.506. RENEWAL OF REGISTRATION. To renew a
registration, a registered technician 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
registered technician; and
(3) pay the required renewal fee.
Sec. 1302.507. CERTIFIED TECHNICIAN. A registered
technician may be certified by the department and use the
designation "certified technician" if the registered technician:
(1) completes an application for certification on a
form prescribed by the executive director;
(2) pays the application fee; and
(3) provides the department with proof that the
registered technician successfully completed a nationally
recognized and administered certification examination or another
examination of equal or greater difficulty approved by the
department.
SECTION 7. Not later than December 31, 2005, the executive
director of the Texas Department of Licensing and Regulation shall
adopt rules implementing Subchapter K, Chapter 1302, Occupations
Code, as added by this Act.
SECTION 8. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2005.
(b) Sections 1302.501 and 1302.503, Occupations Code, as
added by this Act, take effect June 30, 2006.
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