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AN ACT
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relating to the regulation of air conditioning and refrigeration |
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contracting; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1302.002, Occupations Code, is amended |
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by adding Subdivisions (5-a), (5-b), and (17) to read as follows: |
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(5-a) "Air conditioning and refrigeration technician" |
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means a person who assists a licensed air conditioning and |
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refrigeration contractor in performing air conditioning and |
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refrigeration maintenance work. |
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(5-b) "Certified technician" means a registered |
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technician who has completed a certification examination. |
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(17) "Registered technician" means an air |
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conditioning and refrigeration technician who is registered with |
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the department. |
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SECTION 2. Section 1302.101, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) The department may examine any criminal conviction, |
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guilty plea, or deferred adjudication of an applicant for issuance |
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or renewal of a license, including by obtaining any criminal |
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history record information permitted by law. |
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SECTION 3. Section 1302.263, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.263. LIMITATION ON LICENSE HOLDER OR REGISTERED |
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TECHNICIAN. A person licensed under this chapter may not: |
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(1) perform or offer or attempt to perform an act, |
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service, or function that is: |
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(A) [(1)] defined as the practice of engineering |
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under Chapter 1001, unless the person holds a license under that |
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chapter; |
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(B) [(2)] regulated under Chapter 113, Natural |
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Resources Code, unless the person holds a license or is exempt by |
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rule under that chapter; or |
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(C) [(3)] defined as plumbing under Chapter |
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1301, unless the person holds a license under that chapter; or |
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(2) use the services of a person who is not a |
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registered technician or a licensed air conditioning and |
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refrigeration contractor to assist in the performance of air |
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conditioning and refrigeration maintenance work. |
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SECTION 4. Section 1302.401(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person is subject to the denial of an application, |
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imposition of an administrative penalty under Subchapter F, Chapter |
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51, or disciplinary action under Section 51.353 if the person: |
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(1) violates this chapter or a rule adopted under this |
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chapter; or |
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(2) violates [is convicted of an offense under] a |
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municipal ordinance adopted under Section 1302.303. |
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SECTION 5. Section 1302.402, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.402. ADMINISTRATIVE PROCEDURES. A proceeding for |
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the denial of a license or registration application or disciplinary |
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action and an appeal from that proceeding are governed by Chapter |
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2001, Government Code. |
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SECTION 6. Chapter 1302, Occupations Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. AIR CONDITIONING AND REFRIGERATION TECHNICIANS |
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Sec. 1302.501. REGISTRATION REQUIRED. (a) A person may not |
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act or offer to act as an air conditioning and refrigeration |
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technician unless the person is registered under this subchapter. |
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(b) A registration is valid throughout the state. |
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Sec. 1302.502. RULES. The executive director shall adopt |
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rules: |
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(1) providing for the registration of technicians as |
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prescribed by this subchapter; and |
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(2) establishing fees for issuance and renewal of a |
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registration. |
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Sec. 1302.503. SUPERVISION REQUIREMENTS FOR REGISTRANTS. |
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An air conditioning and refrigeration technician must be supervised |
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by an air conditioning and refrigeration contractor licensed under |
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this chapter. |
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Sec. 1302.504. APPLICATION; FEE. (a) An applicant for |
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registration must submit an application on a form prescribed by the |
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commission. |
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(b) The completed application must be accompanied by the |
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application fee. |
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Sec. 1302.505. ISSUANCE AND TERM OF REGISTRATION. (a) On |
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receipt of a completed application, the department shall register |
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an applicant who meets the requirements of this subchapter. |
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(b) A registration is valid for one year from the date of |
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issuance. |
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Sec. 1302.506. TEMPORARY REGISTRATION. (a) An applicant |
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for registration may request a temporary registration. The |
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executive director shall issue a temporary registration that |
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expires on the 21st day after the date of issuance to an applicant |
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who meets the qualifications for temporary registration. |
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(b) The commission shall adopt rules providing for the |
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issuance of a temporary registration under this section, including |
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the qualifications and fee required for the registration. |
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Sec. 1302.507. RENEWAL OF REGISTRATION. To renew a |
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registration, a registered technician must: |
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(1) submit a renewal request on a form prescribed by |
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the executive director; and |
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(2) pay the required renewal fee. |
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Sec. 1302.508. CERTIFIED TECHNICIAN. A registered |
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technician may be certified by the department and use the |
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designation "certified technician" if the registered technician: |
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(1) completes an application for certification on a |
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form prescribed by the executive director; |
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(2) pays the application fee; and |
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(3) provides the department with proof that the |
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registered technician successfully completed a nationally |
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recognized and administered certification examination or another |
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examination of equal or greater difficulty approved by the |
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department. |
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SECTION 7. Not later than December 31, 2007, the Texas |
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Commission of Licensing and Regulation shall adopt rules |
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implementing Subchapter K, Chapter 1302, Occupations Code, as added |
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by this Act. |
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SECTION 8. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2007. |
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(b) Sections 1302.501 and 1302.503, Occupations Code, as |
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added by this Act, take effect June 30, 2008. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 463 was passed by the House on April |
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13, 2007, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 463 on May 26, 2007, by the following vote: Yeas 140, Nays 1, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 463 was passed by the Senate, with |
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amendments, on May 17, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |