BILL ANALYSIS

C.S.H.B. 2294

By: Kuempel

Licensing & Administrative Procedures

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Recent reports indicate that smart home technology, such as technology that allows a homeowner to control a home thermostat from a telephone, is increasingly becoming available on the market.  Reports show that a number of companies are starting to offer these smart home systems, including system installation, to their customers.  In addition, interested parties note that in order to enable a homeowner to participate in residential demand response programs, new thermostats and other equipment must be installed in the person's home.  The parties are concerned that the Air Conditioning and Refrigeration Contractor License Law has been interpreted to mean that installing a thermostat requires an air conditioning contractor's license.  The parties contend that this broad interpretation results in delay and increased costs because an additional technician must come to a person's home to install a thermostat or other temperature control interface.

C.S.H.B. 2294 seeks to remedy this situation by allowing a person who is not a licensed air conditioning or refrigeration contractor to install, repair, replace, or modify a thermostat or other temperature control interface.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2294 amends the Occupations Code to specify that the term "air conditioning and refrigeration contracting," as defined in the Air Conditioning and Refrigeration Contractor License Law, does not include the installation, repair, replacement, or modification of a thermostat or other temperature control interface.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2294 differs from the original in minor or nonsubstantive ways by conforming to certain bill drafting conventions.