82R1708 NC-F

By: Walle H.B. No. 432

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of air conditioning and refrigeration contractors and technicians; providing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1302.002, Occupations Code, is amended by amending Subdivisions (5-a), (5-b), and (17) and adding Subdivision (5-c) to read as follows:

(5-a) "Air conditioning and refrigeration technician" means a person who performs air conditioning and refrigeration maintenance or installation work under the supervision of [assists] a licensed air conditioning and refrigeration contractor [in performing air conditioning and refrigeration maintenance work].

(5-b) "Air conditioning and refrigeration trainee" means a person who performs air conditioning and refrigeration maintenance or installation work under the supervision of a licensed air conditioning and refrigeration technician or contractor.

(5-c) "Certified technician" means a licensed [registered] technician who has completed a certification examination.

(17) "Registered trainee [technician]" means an air conditioning and refrigeration trainee [technician] who is registered with the department.

SECTION 2. Section 1302.251, Occupations Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A person may not engage in air conditioning and refrigeration contracting unless the person holds an air conditioning and refrigeration contractor [a] license under this subchapter or Subchapter G.

(a-1) A person may not act as an air conditioning and refrigeration technician unless the person holds an air conditioning and refrigeration technician license under this subchapter.

SECTION 3. The heading to Section 1302.253, Occupations Code, is amended to read as follows:

Sec. 1302.253. CONTRACTOR LICENSE CLASSIFICATIONS.

SECTION 4. Subchapter F, Chapter 1302, Occupations Code, is amended by adding Section 1302.2541 to read as follows:

Sec. 1302.2541. TECHNICIAN LICENSE: SCOPE OF WORK. An air conditioning and refrigeration technician license entitles the license holder to engage in the installation, construction, repair, maintenance, or modification of an environmental air conditioning system, a commercial refrigeration system, or a process cooling or heating system under the supervision of a licensed air conditioning and refrigeration contractor.

SECTION 5. Section 1302.255, Occupations Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) An applicant for an air conditioning and refrigeration contractor [a] license under this chapter must:

(1) be at least 18 years old; and

(2) have at least 36 months of practical experience with the tools of the trade in the preceding five years.

(c) An applicant for an air conditioning and refrigeration technician license must:

(1) be at least 18 years old; and

(2) have at least 6,000 hours of experience as a registered trainee working under the supervision of a licensed air conditioning and refrigeration contractor or technician.

SECTION 6. Section 1302.256(c), Occupations Code, is amended to read as follows:

(c) The application must be accompanied by:

(1) a statement containing evidence satisfactory to the executive director of the applicant's practical experience required by Section 1302.255(a)(2) or (c)(2), as appropriate; and

(2) the examination fee.

SECTION 7. Section 1302.257(a), Occupations Code, is amended to read as follows:

(a) The executive director shall prescribe:

(1) a separate examination for each class or type 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.

SECTION 8. Subchapter F, Chapter 1302, Occupations Code, is amended by adding Section 1302.258 to read as follows:

Sec. 1302.258. CONTINUING EDUCATION. (a) To renew an air conditioning and refrigeration technician license, the license holder must complete six hours of continuing education.

(b) The commission by rule shall approve continuing education courses that satisfy the requirements of this section. The commission may adopt a fee for the administration of the department's duties regarding continuing education.

SECTION 9. Section 1302.260, Occupations Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) On payment of the license fee, the executive director shall issue an air conditioning and refrigeration technician license to an applicant who:

(1) meets the requirements of this subchapter; and

(2) passes the applicable examination.

SECTION 10. Section 1302.261, Occupations Code, is amended to read as follows:

Sec. 1302.261. TEMPORARY LICENSE. The commission by rule may provide for the issuance of a temporary air conditioning and refrigeration contracting or technician license to an applicant who:

(1) submits to the executive director an application on a form prescribed by the executive director; and

(2) pays the required fees.

SECTION 11. Subchapter F, Chapter 1302, Occupations Code, is amended by adding Section 1302.2611 to read as follows:

Sec. 1302.2611. RENEWAL OF TECHNICIAN LICENSE. To renew an air conditioning and refrigeration technician license, a licensed technician must:

(1) submit a renewal request on a form prescribed by the executive director;

(2) comply with the continuing education requirements established by the commission; and

(3) pay the required renewal fee.

SECTION 12. Section 1302.262(a), Occupations Code, is amended to read as follows:

(a) A person who obtains an air conditioning and refrigeration contractor [a] license under this subchapter shall provide a notice to the municipal authority that enforces air conditioning and refrigeration contracting regulations in the municipality in which the person engages in air conditioning and refrigeration contracting.

SECTION 13. 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) defined as the practice of engineering under Chapter 1001, unless the person holds a license under that chapter;

(B) regulated under Chapter 113, Natural Resources Code, unless the person holds a license or is exempt by rule under that chapter; or

(C) 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 trainee [technician] or a licensed air conditioning and refrigeration contractor or technician to assist in the performance of air conditioning and refrigeration maintenance work.

SECTION 14. Subchapter F, Chapter 1302, Occupations Code, is amended by adding Section 1302.264 to read as follows:

Sec. 1302.264. CERTIFIED TECHNICIAN APPLICATION. A licensed technician may be certified by the department and use the designation "certified technician" if the 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 technician successfully completed a nationally recognized and administered certification examination or another examination of equal or greater difficulty approved by the department.

SECTION 15. Section 1302.453, Occupations Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) A person commits an offense if the person knowingly acts or offers to act as an air conditioning and refrigeration trainee without being registered as a trainee under this chapter.

SECTION 16. The heading to Subchapter K, Chapter 1302, Occupations Code, is amended to read as follows:

SUBCHAPTER K. AIR CONDITIONING AND REFRIGERATION

REGISTERED TRAINEES [TECHNICIANS]

SECTION 17. Section 1302.501(a), Occupations Code, is amended to read as follows:

(a) A person may not act or offer to act as an air conditioning and refrigeration trainee [technician] unless the person is registered under this subchapter.

SECTION 18. Section 1302.502, Occupations Code, is amended to read as follows:

Sec. 1302.502. RULES. The executive director shall adopt rules:

(1) providing for the registration of trainees [technicians] as prescribed by this subchapter; and

(2) establishing fees for issuance and renewal of a registration.

SECTION 19. Section 1302.503, Occupations Code, is amended to read as follows:

Sec. 1302.503. SUPERVISION REQUIREMENTS FOR REGISTRANTS. An air conditioning and refrigeration trainee [technician] must be supervised by an air conditioning and refrigeration contractor or technician licensed under this chapter.

SECTION 20. Section 1302.507, Occupations Code, is amended to read as follows:

Sec. 1302.507. RENEWAL OF REGISTRATION. To renew a registration, a registered trainee [technician] must:

(1) submit a renewal request on a form prescribed by the executive director; and

(2) pay the required renewal fee.

SECTION 21. Sections 1302.062 and 1302.508, Occupations Code, are repealed.

SECTION 22. (a) Not later than January 1, 2012, the Texas Commission of Licensing and Regulation shall adopt the rules and approve the programs necessary to implement the changes in law made by this Act to Chapter 1302, Occupations Code.

(b) The changes in law made by this Act to the requirements for issuance of a license, certification, or registration under Chapter 1302, Occupations Code, apply only to an application submitted for the issuance or renewal of a license, certification, or registration under Chapter 1302, Occupations Code, on or after January 1, 2012. An application submitted before that date is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

SECTION 23. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2012.

(b) Section 22(a) of this Act takes effect September 1, 2011.