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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 air conditioning and |
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refrigeration contractors and technicians; providing a 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 amending Subdivisions (5-a), (5-b), and (17) and adding |
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Subdivision (5-c) to read as follows: |
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(5-a) "Air conditioning and refrigeration technician" |
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means a person who performs air conditioning and refrigeration |
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maintenance or installation work under the supervision of [assists] |
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a licensed air conditioning and refrigeration contractor [in
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performing air conditioning and refrigeration maintenance work]. |
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(5-b) "Air conditioning and refrigeration trainee" |
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means a person who performs air conditioning and refrigeration |
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maintenance or installation work under the supervision of a |
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licensed air conditioning and refrigeration technician or |
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contractor. |
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(5-c) "Certified technician" means a licensed |
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[registered] technician who has completed a certification |
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examination. |
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(17) "Registered trainee [technician]" means an air |
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conditioning and refrigeration trainee [technician] who is |
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registered with the department. |
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SECTION 2. Section 1302.251, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A person may not engage in air conditioning and |
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refrigeration contracting unless the person holds an air |
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conditioning and refrigeration contractor [a] license under this |
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subchapter or Subchapter G. |
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(a-1) A person may not act as an air conditioning and |
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refrigeration technician unless the person holds an air |
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conditioning and refrigeration technician license under this |
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subchapter. |
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SECTION 3. The heading to Section 1302.253, Occupations |
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Code, is amended to read as follows: |
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Sec. 1302.253. CONTRACTOR LICENSE CLASSIFICATIONS. |
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SECTION 4. Subchapter F, Chapter 1302, Occupations Code, is |
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amended by adding Section 1302.2541 to read as follows: |
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Sec. 1302.2541. TECHNICIAN LICENSE: SCOPE OF WORK. An air |
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conditioning and refrigeration technician license entitles the |
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license holder to engage in the installation, construction, repair, |
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maintenance, or modification of an environmental air conditioning |
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system, a commercial refrigeration system, or a process cooling or |
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heating system under the supervision of a licensed air conditioning |
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and refrigeration contractor. |
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SECTION 5. Section 1302.255, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) An applicant for an air conditioning and refrigeration |
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contractor [a] license under this chapter must: |
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(1) be at least 18 years old; and |
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(2) have at least 36 months of practical experience |
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with the tools of the trade in the preceding five years. |
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(c) An applicant for an air conditioning and refrigeration |
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technician license must: |
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(1) be at least 18 years old; and |
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(2) have at least 6,000 hours of experience as a |
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registered trainee working under the supervision of a licensed air |
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conditioning and refrigeration contractor or technician. |
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SECTION 6. Section 1302.256(c), Occupations Code, is |
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amended to read as follows: |
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(c) The application must be accompanied by: |
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(1) a statement containing evidence satisfactory to |
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the executive director of the applicant's practical experience |
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required by Section 1302.255(a)(2) or (c)(2), as appropriate; and |
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(2) the examination fee. |
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SECTION 7. Section 1302.257(a), Occupations Code, is |
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amended to read as follows: |
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(a) The executive director shall prescribe: |
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(1) a separate examination for each class or type of |
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license; and |
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(2) within each class of license, a separate |
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examination for: |
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(A) an environmental air conditioning |
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endorsement; and |
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(B) a commercial refrigeration and process |
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cooling or heating endorsement. |
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SECTION 8. Subchapter F, Chapter 1302, Occupations Code, is |
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amended by adding Section 1302.258 to read as follows: |
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Sec. 1302.258. CONTINUING EDUCATION. (a) To renew an air |
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conditioning and refrigeration technician license, the license |
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holder must complete six hours of continuing education. |
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(b) The commission by rule shall approve continuing |
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education courses that satisfy the requirements of this section. |
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The commission may adopt a fee for the administration of the |
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department's duties regarding continuing education. |
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SECTION 9. Section 1302.260, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) On payment of the license fee, the executive director |
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shall issue an air conditioning and refrigeration technician |
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license to an applicant who: |
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(1) meets the requirements of this subchapter; and |
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(2) passes the applicable examination. |
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SECTION 10. Section 1302.261, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.261. TEMPORARY LICENSE. The commission by rule |
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may provide for the issuance of a temporary air conditioning and |
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refrigeration contracting or technician license to an applicant |
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who: |
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(1) submits to the executive director an application |
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on a form prescribed by the executive director; and |
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(2) pays the required fees. |
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SECTION 11. Subchapter F, Chapter 1302, Occupations Code, |
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is amended by adding Section 1302.2611 to read as follows: |
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Sec. 1302.2611. RENEWAL OF TECHNICIAN LICENSE. To renew an |
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air conditioning and refrigeration technician license, a licensed |
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technician must: |
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(1) submit a renewal request on a form prescribed by |
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the executive director; |
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(2) comply with the continuing education requirements |
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established by the commission; and |
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(3) pay the required renewal fee. |
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SECTION 12. Section 1302.262(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who obtains an air conditioning and |
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refrigeration contractor [a] license under this subchapter shall |
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provide a notice to the municipal authority that enforces air |
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conditioning and refrigeration contracting regulations in the |
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municipality in which the person engages in air conditioning and |
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refrigeration contracting. |
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SECTION 13. 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) 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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(B) 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) defined as plumbing under Chapter 1301, |
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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 trainee [technician] or a licensed air conditioning and |
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refrigeration contractor or technician to assist in the performance |
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of air conditioning and refrigeration maintenance work. |
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SECTION 14. Subchapter F, Chapter 1302, Occupations Code, |
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is amended by adding Section 1302.264 to read as follows: |
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Sec. 1302.264. CERTIFIED TECHNICIAN APPLICATION. A |
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licensed technician may be certified by the department and use the |
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designation "certified technician" if the 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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technician successfully completed a nationally recognized and |
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administered certification examination or another examination of |
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equal or greater difficulty approved by the department. |
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SECTION 15. Section 1302.453, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A person commits an offense if the person knowingly |
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acts or offers to act as an air conditioning and refrigeration |
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trainee without being registered as a trainee under this chapter. |
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SECTION 16. The heading to Subchapter K, Chapter 1302, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER K. AIR CONDITIONING AND REFRIGERATION |
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REGISTERED TRAINEES [TECHNICIANS] |
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SECTION 17. Section 1302.501(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not act or offer to act as an air |
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conditioning and refrigeration trainee [technician] unless the |
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person is registered under this subchapter. |
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SECTION 18. Section 1302.502, Occupations Code, is amended |
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to read as follows: |
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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 trainees |
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[technicians] as 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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SECTION 19. Section 1302.503, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.503. SUPERVISION REQUIREMENTS FOR REGISTRANTS. |
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An air conditioning and refrigeration trainee [technician] must be |
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supervised by an air conditioning and refrigeration contractor or |
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technician licensed under this chapter. |
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SECTION 20. Section 1302.507, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.507. RENEWAL OF REGISTRATION. To renew a |
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registration, a registered trainee [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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SECTION 21. Sections 1302.062 and 1302.508, Occupations |
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Code, are repealed. |
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SECTION 22. (a) Not later than January 1, 2012, the Texas |
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Commission of Licensing and Regulation shall adopt the rules and |
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approve the programs necessary to implement the changes in law made |
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by this Act to Chapter 1302, Occupations Code. |
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(b) The changes in law made by this Act to the requirements |
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for issuance of a license, certification, or registration under |
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Chapter 1302, Occupations Code, apply only to an application |
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submitted for the issuance or renewal of a license, certification, |
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or registration under Chapter 1302, Occupations Code, on or after |
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January 1, 2012. An application submitted before that date is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 23. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect January 1, 2012. |
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(b) Section 22(a) of this Act takes effect September 1, |
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2011. |