83R9854 SLB-F

By: Walle H.B. No. 2173

A BILL TO BE ENTITLED

AN ACT

relating to the licensing of air conditioning and refrigeration technicians.

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

SECTION 1. 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 [registration] is valid throughout the state.

(c) A person is not required to obtain an air conditioning and refrigeration technician license [registration] if the person only assists a licensed contractor in performing:

(1) the total replacement of a system; or

(2) the installation or repair of a boiler or pressure vessel that must be installed in accordance with rules adopted under Chapter 755, Health and Safety Code.

SECTION 2. The heading to Section 1302.503, Occupations Code, is amended to read as follows:

Sec. 1302.503. SUPERVISION REQUIREMENTS FOR LICENSE HOLDERS [REGISTRANTS].

SECTION 3. Section 1302.5035, Occupations Code, is amended to read as follows:

Sec. 1302.5035. ELIGIBILITY REQUIREMENTS. (a) An applicant for a technician license [registration] 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 contractor.

(b) Notwithstanding the requirements of Subsection (a)(2), an applicant may satisfy a portion of the practical experience requirement as provided by Subsections (c), (d), and (e). [An applicant for a technician registration is not required to have practical experience or to take an examination to obtain the registration.]

(c) An applicant who obtains a degree or diploma or completes a certification program from an institution of higher education that is accredited by an accrediting agency recognized by the Texas Higher Education Coordinating Board or that holds a certificate of authority to grant degrees 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, refrigeration technology or engineering, 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 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 4. 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 application on a form prescribed by the executive director.

(b) The completed application must be accompanied by:

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

(2) the required fees.

SECTION 5. 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 6. Section 1302.505, Occupations Code, is amended to read as follows:

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

(1) submits a verified application;

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

(3) passes the applicable examination; and

(4) pays the required fees.

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

SECTION 7. Section 1302.509, Occupations Code, is amended to read as follows:

Sec. 1302.509. PROHIBITED PRACTICES [LIMITATIONS ON REGISTRANT]. A person licensed [registered] 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) assist or work with a person who is not a licensed air conditioning and refrigeration contractor in the performance of air conditioning and refrigeration maintenance work.

SECTION 8. Sections 1302.506 and 1302.508, Occupations Code, are repealed.

SECTION 9. (a) Not later than February 1, 2014, the Texas Commission of Licensing and Regulation shall adopt rules to implement the changes in law made by this Act to Subchapter K, Chapter 1302, Occupations Code.

(b) 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, 2014, to an air conditioning and refrigeration technician license without imposing the additional eligibility requirements under Chapter 1302, Occupations Code, as amended by this Act.

(c) 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, 2014. 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 10. (a) Except as provided by Subsection (b) of this section, this Act takes effect March 1, 2014.

(b) Section 9 of this Act takes effect September 1, 2013.