By: Carona S.B. No. 1244

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of air conditioning and refrigeration contractors and contracting companies; providing penalties.

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

SECTION 1. The heading to Chapter 1302, Occupations Code, is amended to read as follows:

CHAPTER 1302. AIR CONDITIONING AND REFRIGERATION PROFESSIONALS

[CONTRACTORS]

SECTION 2. Section 1302.001, Occupations Code, is amended to read as follows:

Sec. 1302.001. SHORT TITLE. This chapter may be cited as the Air Conditioning and Refrigeration [Contractor] License Law.

SECTION 3. Section 1302.002, Occupations Code, is amended by amending Subdivisions (1), (4), and (5-a) and adding Subdivision (5-c) to read as follows:

(1) "Advisory board" means the air conditioning and refrigeration [contractors] advisory board.

(4) "Air conditioning and refrigeration master [contractor]" means a person who engages in air conditioning and refrigeration contracting.

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

(5-c) "Air conditioning and refrigeration trainee" means a person who is not licensed as an air conditioning and refrigeration technician and who assists and works under the supervision of a licensed air conditioning and refrigeration master in performing air conditioning and refrigeration maintenance work.

SECTION 4. Subsection (a), Section 1302.101, Occupations Code, is amended to read as follows:

(a) The commission shall adopt rules for the practice of air conditioning and refrigeration contracting and maintenance work that are at least as strict as the standards provided by:

(1) the Uniform Mechanical Code; and

(2) the International Mechanical Code.

SECTION 5. Subchapter C, Chapter 1302, Occupations Code, is amended by adding Section 1302.1011 to read as follows:

Sec. 1302.1011. RULES REGARDING AIR CONDITIONING AND REFRIGERATION CONTRACTING COMPANIES. The commission shall adopt rules:

(1) providing for the licensing of persons and entities under this chapter, including requirements for the issuance and renewal of a license;

(2) establishing fees necessary for the administration of this chapter, including fees for issuance and renewal of licenses; and

(3) implementing the requirements of this chapter as applicable to persons, entities, and activities regulated under this chapter.

SECTION 6. Section 1302.102, Occupations Code, is amended to read as follows:

Sec. 1302.102. INSURANCE REQUIREMENTS. [(a)] The commission by rule [executive director] shall set insurance requirements for an air conditioning and refrigeration contracting company licensed [a license holder] under this chapter.

[(b) The executive director may waive the insurance requirements for a license holder who does not engage in air conditioning and refrigeration contracting for the public.]

SECTION 7. Section 1302.103, Occupations Code, is amended to read as follows:

Sec. 1302.103. [RULES REGARDING] USE AND DISPLAY OF LICENSE. The commission, with the advice of the advisory board, shall adopt rules relating to the use, display, and advertisement of a license issued under this chapter.

SECTION 8. Section 1302.105, Occupations Code, is amended to read as follows:

Sec. 1302.105. PERSONNEL[; EXAMINERS]. [(a)] The department may employ personnel necessary to administer this chapter.

[(b) The department shall employ at least two full-time air conditioning and refrigeration contractors to serve as examiners.]

SECTION 9. Section 1302.201, Occupations Code, is amended to read as follows:

Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air conditioning and refrigeration [contractors] advisory board consists of seven members appointed by the presiding officer of the commission, with the commission's approval, and two ex officio nonvoting members. One member of the advisory board must be a public member.

SECTION 10. Section 1302.202, Occupations Code, is amended to read as follows:

Sec. 1302.202. APPOINTED MEMBERS. (a) Except for the public member, each [Each] appointed advisory board member must be experienced in the design, installation, construction, maintenance, service, repair, or modification of equipment used for environmental air conditioning, commercial refrigeration, or process cooling or heating. Other than the public member, of [Of] the appointed members:

(1) one must be an official of a municipality with a population of more than 250,000;

(2) one must be an official of a municipality with a population of not more than 250,000; and

(3) four must be full-time licensed air conditioning and refrigeration masters [contractors], as follows:

(A) one member who holds a Class A license and practices in a municipality with a population of more than 250,000;

(B) one member who holds a Class B license and practices in a municipality with a population of more than 250,000;

(C) one member who holds a Class A license and practices in a municipality with a population of more than 25,000 but not more than 250,000; and

(D) one member who holds a Class B license and practices in a municipality with a population of not more than 25,000.

(b) At least one [appointed] advisory board member appointed under Subsection (a)(3) must be an air conditioning and refrigeration master [contractor] who employs organized labor [and at least two appointed members must be air conditioning and refrigeration contractors who are licensed engineers].

SECTION 11. The heading to Subchapter F, Chapter 1302, Occupations Code, is amended to read as follows:

SUBCHAPTER F. AIR CONDITIONING AND REFRIGERATION MASTER [LICENSE

REQUIREMENTS]

SECTION 12. Section 1302.251, Occupations Code, is amended to read as follows:

Sec. 1302.251. LICENSE REQUIRED. (a) A person may not engage in air conditioning and refrigeration contracting unless the person holds an air conditioning and refrigeration master [a] license under this subchapter or Subchapter G.

(b) A master license issued under this subchapter is valid throughout the state. A person who holds a license issued under this subchapter is not required to hold a municipal license under Subchapter G to engage in air conditioning and refrigeration contracting in any municipality in this state.

SECTION 13. Section 1302.252, Occupations Code, is amended to read as follows:

Sec. 1302.252. REQUIREMENT FOR AIR CONDITIONING AND REFRIGERATION MASTER LICENSE [CONTRACTING COMPANY]. (a) An air conditioning and refrigeration master may engage in air conditioning and refrigeration contracting only for an air conditioning and refrigeration contracting company licensed under Subchapter G or M [contracting company must employ full-time in each permanent office a license holder who holds an appropriate license assigned to that company].

(b) An air conditioning and refrigeration master may assign the master's license to only one air conditioning and refrigeration contracting company and to only one permanent office of that company [A company that does not employ a license holder as required by Subsection (a) at the time a contract for air conditioning and refrigeration contracting services is signed and at the time the services are performed may not collect a fee or otherwise enforce the contract].

SECTION 14. Subsection (a), Section 1302.253, Occupations Code, is amended to read as follows:

(a) The executive director shall issue a Class A or Class B air conditioning and refrigeration master [contractor] license.

SECTION 15. Subsection (a), Section 1302.254, Occupations Code, is amended to read as follows:

(a) An air conditioning and refrigeration master [contractor] license must be endorsed with one or both of the following endorsements:

(1) an environmental air conditioning endorsement; or

(2) a commercial refrigeration and process cooling or heating endorsement.

SECTION 16. Section 1302.255, Occupations Code, is amended to read as follows:

Sec. 1302.255. ELIGIBILITY REQUIREMENTS. (a) An applicant for a license under this subchapter [chapter] must:

(1) be at least 18 years old; and

(2) have held a technician license for at least 36 months [of practical experience with the tools of the trade] in the preceding 48 months under the supervision of a licensed air conditioning and refrigeration master or contractor [five years].

(a-1) An applicant who has equivalent experience in another state or who held an equivalent license in another state may receive credit for the experience as determined by the executive director.

(b) Notwithstanding the requirements of [For purposes of determining an applicant's practical experience under] Subsection (a)(2), an applicant may satisfy a portion of the practical experience requirement as provided by Subsection (c).

(c) An applicant who obtains a degree or diploma or completes a certification program from an institution of higher education that holds a certificate of authority issued by the Texas Higher Education Coordinating Board, or an equivalent governing body in another state as approved by the executive director, may satisfy a portion of the practical experience requirement as follows:

(1) completing a four-year degree or diploma in air conditioning engineering or technology, refrigeration engineering or technology, or mechanical engineering is equivalent to 24 months [two years] of practical experience [if:

[(1) the degree or diploma is from an institution of higher education]; [and]

(2) completing a two-year associate's degree, a two-year diploma, or a two-year certification program primarily focused on air conditioning and refrigeration-related work is equivalent to 12 months of practical experience;

(3) completing a one-year certification program, or a program of at least two semesters, in air conditioning and refrigeration-related work is equivalent to six months of practical experience; and

(4) completing a program resulting in another applicable degree, diploma, or certification shall be equivalent to the amount of practical experience determined by the department under commission rule [the institution's program is approved by the Texas Board of Professional Engineers for the purpose of licensing engineers].

(d) Every 2,000 hours of on-the-job training in an air conditioning and refrigeration apprenticeship program registered with the United States Department of Labor Office of Apprenticeship is equivalent to 12 months of practical experience under Subsection (a)(2).

(e) Notwithstanding the requirements of Subsection (a)(2), each of the following qualifies as practical experience for purposes of satisfying the 36-month requirement:

(1) verified military service in which the person was trained in or performed air conditioning and refrigeration-related work as part of the person's military occupational specialty; and

(2) experience performing air conditioning and refrigeration-related work as described by Section 1302.055, 1302.056, or 1302.057 or while employed by a governmental entity.

SECTION 17. Subsections (a) and (c), Section 1302.256, Occupations Code, are amended to read as follows:

(a) An applicant for an air conditioning and refrigeration master [a] license must submit a verified application on a form prescribed by the executive director.

(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); and

(2) the required fees [examination fee].

SECTION 18. Subsection (b), Section 1302.257, Occupations Code, is amended to read as follows:

(b) The executive director shall prescribe the method and content of an examination administered under this subchapter [chapter] and shall set compliance requirements for the examination. To obtain an endorsement, an applicant must pass the examination for the endorsement.

SECTION 19. Section 1302.260, Occupations Code, is amended to read as follows:

Sec. 1302.260. ISSUANCE AND TERM OF LICENSE. (a) The department [On payment of the license fee, the executive director] shall issue an air conditioning and refrigeration master [contractor] license to an applicant who:

(1) submits a verified application;

(2) passes the applicable examination;

(3) meets the requirements of this chapter and rules adopted under this chapter [subchapter]; and

(4) pays the required fees

[(2) provides evidence of insurance coverage required by the executive director in accordance with this chapter; and

[(3) passes the applicable examination].

(b) A license issued under this chapter expires on the first anniversary of the date of issuance [at the end of the license period set by the commission].

SECTION 20. Section 1302.262, Occupations Code, is amended to read as follows:

Sec. 1302.262. NOTICE TO MUNICIPALITIES. (a) A person or entity that [who] obtains a license under this subchapter or Subchapter M shall provide a notice to the municipal authority that enforces air conditioning and refrigeration contracting regulations in the municipality in which the person or entity engages in air conditioning and refrigeration contracting.

(b) The notice must inform the municipality that the person or entity has obtained a license under this subchapter and must be in the form required by the municipality.

(c) A municipality may charge a fee to a person or entity that [who] provides the notice required by this section. The municipality shall set the fee in an amount reasonable and necessary to administer this section.

SECTION 21. 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 subchapter [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 technician or] a licensed air conditioning and refrigeration master, a licensed air conditioning and refrigeration technician, or a licensed air conditioning and refrigeration trainee [contractor] to assist in the performance of air conditioning and refrigeration maintenance work; or

(3) work with a person or entity that is not a licensed air conditioning and refrigeration contracting company in the performance of air conditioning and refrigeration contracting.

SECTION 22. Section 1302.301, Occupations Code, is amended to read as follows:

Sec. 1302.301. MUNICIPAL LICENSE. An air conditioning and refrigeration master or similarly titled contractor license or air conditioning and refrigeration contracting company license issued by a municipality of this state and that complies with the requirements of this subchapter is valid under the terms of the license within the municipality.

SECTION 23. Section 1302.302, Occupations Code, is amended to read as follows:

Sec. 1302.302. MUNICIPAL MASTER LICENSE: ELIGIBILITY REQUIREMENTS. An applicant for a municipal master or similarly titled contractor license must:

(1) pass an examination that covers the same subjects as the examination required under Subchapter F for a license of the class that entitles the holder of the license to perform the work the applicant proposes to perform; and

(2) meet experience requirements that are at least as strict as the requirements under Section 1302.255(a)(2).

SECTION 24. Subsection (a), Section 1302.303, Occupations Code, is amended to read as follows:

(a) A municipality may by ordinance adopt and enforce standards for air conditioning and refrigeration masters or similarly titled contractors and for air conditioning and refrigeration contracting companies that are consistent with the standards established under this chapter.

SECTION 25. Subsection (a), Section 1302.452, Occupations Code, is amended to read as follows:

(a) A municipal or county official may issue a citation to an air conditioning and refrigeration contracting company that engages in air conditioning and refrigeration contracting without complying with Section 1302.602 [1302.252].

SECTION 26. Subsection (a), Section 1302.453, Occupations Code, is amended to read as follows:

(a) A person commits an offense if the person:

(1) knowingly engages in air conditioning and refrigeration contracting without holding a license issued under this chapter; [or]

(2) knowingly engages in air conditioning and refrigeration maintenance work without holding a license issued under this chapter; or

(3) purchases a refrigerant or equipment containing a refrigerant in this state in violation of Section 1302.353, 1302.355, or 1302.356.

SECTION 27. Section 1302.501, Occupations Code, is amended to read as follows:

Sec. 1302.501. LICENSE [REGISTRATION] REQUIRED. (a) A person may not act or offer to act as an air conditioning and refrigeration technician unless the person is licensed [registered] under this subchapter.

(b) An air conditioning and refrigeration technician license [A registration] is valid throughout the state.

SECTION 28. Section 1302.503, Occupations Code, is amended to read as follows:

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

SECTION 29. Subchapter K, Chapter 1302, Occupations Code, is amended by adding Section 1302.5035 to read as follows:

Sec. 1302.5035. ELIGIBILITY REQUIREMENTS. (a) An applicant for a license under this subchapter must:

(1) be at least 18 years old; and

(2) have at least 12 months of practical experience in air conditioning and refrigeration maintenance in the preceding 24 months under the supervision of a licensed air conditioning and refrigeration master or contractor.

(b) Notwithstanding the requirements of Subsection (a)(2), an applicant may satisfy a portion of the practical experience requirement as provided by Subsection (c).

(c) An applicant who obtains a degree or diploma or completes a certification program from an institution of higher education that holds a certificate of authority issued by the Texas Higher Education Coordinating Board, or an equivalent governing body in another state as approved by the executive director, may satisfy a portion of the practical experience requirement as follows:

(1) completing a four-year degree or diploma in air conditioning engineering or technology, refrigeration engineering or technology, or mechanical engineering is equivalent to 24 months of practical experience;

(2) completing a two-year associate's degree, a two-year diploma, or a two-year certification program primarily focused on air conditioning and refrigeration-related work is equivalent to 12 months of practical experience; and

(3) completing a one-year certification program, or a program of at least two semesters, in air conditioning and refrigeration-related work is equivalent to six months of practical experience.

(d) Every 2,000 hours of on-the-job training in an air conditioning and refrigeration apprenticeship program registered with the United States Department of Labor Office of Apprenticeship is equivalent to 12 months of practical experience under Subsection (a)(2).

(e) Notwithstanding the requirements of Subsection (a)(2), each of the following qualifies as practical experience for purposes of satisfying the 12-month requirement:

(1) verified military service in which the person was trained in or performed air conditioning and refrigeration-related work as part of the person's military occupational specialty; and

(2) experience performing air conditioning and refrigeration-related work as described by Section 1302.055, 1302.056, or 1302.057 or while employed by a governmental entity.

SECTION 30. Section 1302.504, Occupations Code, is amended to read as follows:

Sec. 1302.504. APPLICATION; FEE. (a) An applicant for an air conditioning and refrigeration technician license [registration] must submit a verified [an] application on a form prescribed by the executive director [commission].

(b) The completed application must be accompanied by:

(1) a statement containing evidence satisfactory to the department of the applicant's practical experience; and

(2) the required fees [application fee].

SECTION 31. Subchapter K, Chapter 1302, Occupations Code, is amended by adding Section 1302.5045 to read as follows:

Sec. 1302.5045. EXAMINATIONS. The executive director shall prescribe an examination for an air conditioning and refrigeration technician license, including the method, content, and compliance requirements.

SECTION 32. Section 1302.505, Occupations Code, is amended to read as follows:

Sec. 1302.505. ISSUANCE AND TERM OF REGISTRATION. (a) The department shall issue an air conditioning and refrigeration technician license to an applicant who:

(1) submits a verified application;

(2) passes the applicable examination;

(3) meets the requirements of this chapter and rules adopted under this chapter; and

(4) pays the required fees [On receipt of a completed application, the department shall register an applicant who meets the requirements of this subchapter].

(b) A license issued under this subchapter [registration] is valid for one year from the date of issuance.

SECTION 33. Subchapter K, Chapter 1302, Occupations Code, is amended by adding Section 1302.509 to read as follows:

Sec. 1302.509. LIMITATIONS ON LICENSE HOLDER. A person licensed under this subchapter may not:

(1) perform, offer to perform, or attempt to perform an act 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 under that chapter or is exempt by a rule adopted under that chapter; or

(C) defined as plumbing under Chapter 1301, unless the person holds a license under that chapter;

(2) assist a person who is not a licensed air conditioning and refrigeration master in the performance of air conditioning and refrigeration maintenance work; or

(3) work with a person or entity that is not a licensed air conditioning and refrigeration contracting company in the performance of air conditioning and refrigeration maintenance work.

SECTION 34. Chapter 1302, Occupations Code, is amended by adding Subchapter L to read as follows:

SUBCHAPTER L. AIR CONDITIONING AND REFRIGERATION TRAINEES

Sec. 1302.551. LICENSE REQUIRED. (a) A person may not act or offer to act as an air conditioning and refrigeration trainee unless the person is licensed under this subchapter.

(b) An air conditioning and refrigeration trainee license is valid throughout the state.

Sec. 1302.552. SUPERVISION REQUIREMENTS FOR TRAINEES. An air conditioning and refrigeration trainee must be supervised by an air conditioning and refrigeration master licensed under this chapter.

Sec. 1302.553. ELIGIBILITY REQUIREMENTS. (a) An applicant for a license under this subchapter must be at least 18 years old.

(b) Practical experience or an examination is not required for a trainee license.

Sec. 1302.554. APPLICATION; FEES. (a) An applicant for an air conditioning and refrigeration trainee license must submit an application on a form prescribed by the executive director.

(b) The completed application must be accompanied by the required fees.

Sec. 1302.555. ISSUANCE AND TERM OF REGISTRATION. (a) The department shall issue an air conditioning and refrigeration trainee license to an applicant who:

(1) submits a verified application on a form prescribed by the executive director;

(2) meets the requirements of this chapter and rules adopted under this chapter; and

(3) pays the required fees.

(b) A license issued under this subchapter is valid for one year from the date of issuance.

Sec. 1302.556. TEMPORARY LICENSE. The executive director shall issue on request by an applicant a temporary license that expires on the 21st day after the date of issuance to an applicant who meets the qualifications for a temporary license under commission rule.

Sec. 1302.557. LIMITATIONS ON LICENSE HOLDER. A person licensed under this subchapter may not:

(1) perform, offer to perform, or attempt to perform an act 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 under that chapter or is exempt by a rule adopted under that chapter; or

(C) defined as plumbing under Chapter 1301, unless the person holds a license under that chapter;

(2) assist a person who is not a licensed air conditioning and refrigeration master in the performance of air conditioning and refrigeration maintenance work; or

(3) work with a person or entity that is not a licensed air conditioning and refrigeration contracting company in the performance of air conditioning and refrigeration maintenance work.

SECTION 35. Chapter 1302, Occupations Code, is amended by adding Subchapter M to read as follows:

SUBCHAPTER M. AIR CONDITIONING AND REFRIGERATION CONTRACTING

COMPANY LICENSE REQUIREMENTS

Sec. 1302.601. LICENSE REQUIRED. (a) A person or entity may not operate an air conditioning and refrigeration contracting company unless the person or entity holds a contracting company license issued under this subchapter or Subchapter G.

(b) An air conditioning and refrigeration contracting company license issued under this subchapter is valid throughout the state.

Sec. 1302.602. REQUIREMENTS FOR AIR CONDITIONING AND REFRIGERATION CONTRACTING COMPANY. (a) An air conditioning and refrigeration contracting company must employ full-time in each permanent office a licensed air conditioning and refrigeration master who holds an appropriate license assigned to that contracting company.

(b) An air conditioning and refrigeration contracting company may engage in air conditioning and refrigeration contracting within the scope of the license of the air conditioning and refrigeration master assigned to that contracting company.

(c) An air conditioning and refrigeration contracting company may subcontract a portion of a job that requires another professional or occupational license only to a person or entity that holds the required license.

(d) An air conditioning and refrigeration contracting company that does not hold a contracting company license or does not employ a licensed air conditioning and refrigeration master as required by Subsection (a) at the time a contract for air conditioning and refrigeration contracting services is signed and at the time the services are performed may not collect a fee from a customer or otherwise enforce the contract against a customer.

(e) An air conditioning and refrigeration contracting company must maintain insurance at all times as required by the commission by rule.

Sec. 1302.603. APPLICATION; FEE. (a) An applicant for an air conditioning and refrigeration contracting company license must submit an application on a form prescribed by the executive director.

(b) The completed application must be accompanied by the appropriate fees.

(c) An applicant for an air conditioning and refrigeration contracting company license shall provide evidence of insurance coverage as required by the commission by rule.

Sec. 1302.604. ISSUANCE AND TERM OF AIR CONDITIONING AND REFRIGERATION CONTRACTING COMPANY LICENSE. (a) The department shall issue an air conditioning and refrigeration contracting company license to an applicant that:

(1) submits a verified application;

(2) passes the applicable examination;

(3) meets the requirements of this chapter and rules adopted under this chapter; and

(4) pays the required fees.

(b) A license issued under this subchapter expires on the first anniversary of the date of issuance.

Sec. 1302.605. TEMPORARY LICENSE. The commission by rule may provide for the issuance of a temporary air conditioning and refrigeration contracting company license to an applicant that:

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

(2) pays the required fees.

Sec. 1302.606. LIMITATIONS ON LICENSE HOLDER. A person or entity licensed under this subchapter may not:

(1) perform, offer to perform, or attempt to perform an act 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 under that chapter or is exempt by a rule adopted 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 licensed air conditioning and refrigeration master, a licensed air conditioning and refrigeration technician, or a licensed air conditioning and refrigeration trainee to engage in air conditioning and refrigeration contracting or air conditioning and refrigeration maintenance work.

SECTION 36. The following sections of the Occupations Code are repealed:

(1) Subdivisions (5-b) and (17), Section 1302.002;

(2) Section 1302.062;

(3) Section 1302.106;

(4) Section 1302.209;

(5) Subsections (c) and (d), Section 1302.257;

(6) Section 1302.261;

(7) Section 1302.502;

(8) Section 1302.506;

(9) Section 1302.507; and

(10) Section 1302.508.

SECTION 37. (a) Not later than February 1, 2012, the Texas Commission of Licensing and Regulation shall adopt rules to implement Chapter 1302, Occupations Code, as amended by this Act.

(b) The Texas Commission of Licensing and Regulation shall adopt rules to convert and renew an air conditioning and refrigeration contractor license issued before March 1, 2012, to an air conditioning and refrigeration master license without imposing the additional eligibility requirements under Chapter 1302, Occupations Code, as amended by this Act.

(c) The Texas Commission of Licensing and Regulation shall adopt rules to convert and renew an air conditioning and refrigeration registration or certification issued before March 1, 2012, to an air conditioning and refrigeration technician license without imposing the additional eligibility requirements under Chapter 1302, Occupations Code, as amended by this Act.

(d) Chapter 1302, Occupations Code, as amended by this Act, applies only to an application for a license under that chapter submitted to the Texas Department of Licensing and Regulation on or after March 1, 2012. An application for a license, registration, or certification submitted under that chapter 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 38. (a) Except as provided by Subsection (b) of this section, this Act takes effect March 1, 2012.

(b) Section 37 of this Act takes effect September 1, 2011.