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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of certain journeyman and |
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apprentice sheet metal workers. |
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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) and (6-a) to read as follows: |
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(5-a) "Commercial heating, ventilation, and |
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air-conditioning system" means all heating, ventilation, and |
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air-conditioning projects other than those installed in: |
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(A) a residential single-family dwelling; or |
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(B) a townhome consisting of not more than three |
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stories. |
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(6-a) "Commercial sheet metal work" means the forming, |
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assembling, sealing, internal insulating, sorting, sectioning, |
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installing, testing, and servicing of all ductwork on a job site, |
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regardless of the materials used, and the connection to related |
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appurtenances, other than equipment with coils and ductwork located |
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within five feet of an air-handling unit, that is associated with |
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the installation of an environmentally sound, energy-efficient |
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commercial heating, ventilation, and air-conditioning system that |
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protects the health and safety of the users of the system. |
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SECTION 2. Section 1302.263, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.263. LIMITATIONS [LIMITATION] ON LICENSE HOLDER. |
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(a) A person licensed under this chapter may not perform or offer |
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or attempt to perform an act, service, or function that is: |
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(1) defined as the practice of engineering under |
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Chapter 1001, unless the person holds a license under that chapter; |
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(2) regulated under Chapter 113, Natural Resources |
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Code, unless the person holds a license or is exempt by rule under |
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that chapter; or |
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(3) defined as plumbing under Chapter 1301, unless the |
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person holds a license under that chapter. |
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(b) A person licensed under this chapter may not use the |
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services of another person to perform commercial sheet metal work |
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unless the person performing the work holds a license issued under |
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Subchapter K. |
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SECTION 3. Chapter 1302, Occupations Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. SHEET METAL WORKERS |
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Sec. 1302.501. LICENSE REQUIRED; EXCEPTIONS. (a) Except |
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as provided by Subsection (b), a person may not perform commercial |
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sheet metal work in this state unless the person holds an |
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appropriate license issued or recognized under this subchapter. |
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(b) This section does not apply to a Class A or Class B |
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license holder under Subchapter F. |
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Sec. 1302.502. APPLICATION REQUIREMENTS. An applicant for |
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a license under this subchapter must: |
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(1) submit to the department: |
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(A) a completed application on a form prescribed |
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by the executive director; and |
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(B) any other information required under this |
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subchapter; |
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(2) demonstrate to the satisfaction of the department |
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that the applicant has the appropriate amount of commercial sheet |
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metal work experience required under this subchapter; and |
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(3) pay the applicable license application fees and |
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examination fees. |
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Sec. 1302.503. CONSIDERATION OF CRIMINAL HISTORY FOR |
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LICENSE APPLICATIONS AND RENEWALS. The department may consider any |
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criminal conviction, guilty plea, or deferred adjudication of an |
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applicant or a person renewing a license and may obtain any criminal |
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history record information permitted by law. |
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Sec. 1302.504. JOURNEYMAN SHEET METAL LICENSE. An |
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applicant for a journeyman sheet metal license must: |
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(1) certify to the executive director that the |
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applicant has been employed at least 8,000 hours in the performance |
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of commercial sheet metal work while: |
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(A) registered in a training program |
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administered by the Bureau of Apprenticeship and Training, United |
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States Department of Labor, or any other training program |
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recognized by the department; or |
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(B) receiving on-the-job training under the |
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supervision of a contractor licensed under Subchapter F; |
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(2) pass a journeyman sheet metal license examination |
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administered under this subchapter; and |
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(3) pay the application and examination fee required |
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under this subchapter. |
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Sec. 1302.505. APPRENTICE SHEET METAL LICENSE. An |
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applicant for an apprentice sheet metal license must: |
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(1) be engaged in the process of learning and |
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assisting in commercial sheet metal work while: |
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(A) registered in a training program |
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administered by the Bureau of Apprenticeship and Training, United |
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States Department of Labor, or any other training program |
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recognized by the department; or |
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(B) receiving on-the-job training under the |
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supervision of a contractor licensed under Subchapter F; and |
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(2) pay the application fee required under this |
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subchapter. |
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Sec. 1302.506. EXAMINATION. (a) A journeyman sheet metal |
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license examination required under this subchapter shall be |
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conducted throughout the state. |
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(b) The department shall accept, develop, or contract for an |
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examination required under this subchapter, including the |
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administration of the examination. |
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(c) An examination may require an applicant to demonstrate a |
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working knowledge of: |
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(1) the International Mechanical Code; |
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(2) the Uniform Mechanical Code; |
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(3) the Sheet Metal and Air Conditioning Contractor's |
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National Association's duct standards; |
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(4) the rules and standards of the Occupational Safety |
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and Health Administration and the National Fire Protection |
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Association; |
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(5) indoor air quality standards; |
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(6) the testing, adjusting, and balancing of |
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commercial heating, ventilation, and air-conditioning systems; |
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(7) the reading of blueprints and specifications; and |
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(8) the laws, rules, and codes governing commercial |
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heating, ventilation, and air-conditioning systems. |
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(d) The executive director shall determine uniform |
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standards for acceptable performance on the examinations. |
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Sec. 1302.507. VALIDITY OF LICENSE. A license issued under |
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this subchapter is valid throughout this state. |
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Sec. 1302.508. LICENSE TERM AND RENEWAL. A license issued |
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under this subchapter is valid for one year from the date of |
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issuance and is renewable on the anniversary of the date of issuance |
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on payment of the applicable renewal fee and satisfaction of any |
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renewal requirements adopted by the commission. |
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Sec. 1302.509. CONTINUING EDUCATION. A journeyman or |
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apprentice sheet metal license holder must complete six hours of |
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continuing education courses on the laws, rules, and codes |
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governing commercial heating, ventilation, and air-conditioning |
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systems to be eligible to renew a license issued under this |
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subchapter. |
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SECTION 4. Not later than January 1, 2008, the Texas |
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Commission of Licensing and Regulation shall adopt rules, |
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procedures, and fees under Subchapter K, Chapter 1302, Occupations |
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Code, as added by this Act, including rules regarding the initial |
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date that a license will be required under Subchapter K for a person |
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to perform commercial sheet metal work. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |