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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing of air conditioning and refrigeration |
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technicians. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1302.501, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.501. LICENSE [REGISTRATION] REQUIRED. (a) A |
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person may not act or offer to act as an air conditioning and |
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refrigeration technician unless the person is licensed |
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[registered] under this subchapter. |
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(b) An air conditioning and refrigeration technician |
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license [registration] is valid throughout the state. |
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(c) A person is not required to obtain an air conditioning |
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and refrigeration technician license [registration] if the person |
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only assists a licensed contractor in performing: |
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(1) the total replacement of a system; or |
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(2) the installation or repair of a boiler or pressure |
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vessel that must be installed in accordance with rules adopted |
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under Chapter 755, Health and Safety Code. |
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SECTION 2. The heading to Section 1302.503, Occupations |
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Code, is amended to read as follows: |
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Sec. 1302.503. SUPERVISION REQUIREMENTS FOR LICENSE |
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HOLDERS [REGISTRANTS]. |
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SECTION 3. Section 1302.5035, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.5035. ELIGIBILITY REQUIREMENTS. (a) An |
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applicant for a technician license [registration] under this |
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subchapter must: |
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(1) be at least 18 years old; and |
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(2) have at least 12 months of practical experience in |
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air conditioning and refrigeration maintenance in the preceding 24 |
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months under the supervision of a licensed air conditioning and |
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refrigeration contractor. |
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(b) Notwithstanding the requirements of Subsection (a)(2), |
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an applicant may satisfy a portion of the practical experience |
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requirement as provided by Subsections (c), (d), and (e). [An
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applicant for a technician registration is not required to have
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practical experience or to take an examination to obtain the
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registration.] |
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(c) An applicant who obtains a degree or diploma or |
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completes a certification program from an institution of higher |
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education that is accredited by an accrediting agency recognized by |
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the Texas Higher Education Coordinating Board or that holds a |
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certificate of authority to grant degrees issued by the Texas |
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Higher Education Coordinating Board, or an equivalent governing |
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body in another state as approved by the executive director, may |
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satisfy a portion of the practical experience requirement as |
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follows: |
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(1) completing a four-year degree or diploma in air |
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conditioning engineering, refrigeration technology or engineering, |
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or mechanical engineering is equivalent to 24 months of practical |
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experience; |
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(2) completing a two-year associate's degree, a |
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two-year diploma, or a two-year certification program primarily |
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focused on air conditioning and refrigeration-related work is |
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equivalent to 12 months of practical experience; and |
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(3) completing a one-year certification program in air |
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conditioning and refrigeration-related work is equivalent to six |
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months of practical experience. |
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(d) Every 2,000 hours of on-the-job training in an air |
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conditioning and refrigeration apprenticeship program registered |
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with the United States Department of Labor Office of Apprenticeship |
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is equivalent to 12 months of practical experience under Subsection |
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(a)(2). |
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(e) Notwithstanding the requirements of Subsection (a)(2), |
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each of the following qualifies as practical experience for |
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purposes of satisfying the 12-month requirement: |
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(1) verified military service in which the person was |
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trained in or performed air conditioning and refrigeration-related |
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work as part of the person's military occupational specialty; and |
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(2) experience performing air conditioning and |
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refrigeration-related work as described by Section 1302.055, |
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1302.056, or 1302.057 or while employed by a governmental entity. |
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SECTION 4. Section 1302.504, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.504. APPLICATION; FEE. (a) An applicant for an |
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air conditioning and refrigeration technician license |
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[registration] must submit a verified application on a form |
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prescribed by the executive director. |
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(b) The completed 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; and |
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(2) the required fees. |
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SECTION 5. Subchapter K, Chapter 1302, Occupations Code, is |
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amended by adding Section 1302.5045 to read as follows: |
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Sec. 1302.5045. EXAMINATIONS. The executive director shall |
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prescribe an examination for an air conditioning and refrigeration |
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technician license, including the method, content, and compliance |
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requirements. |
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SECTION 6. Section 1302.505, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.505. ISSUANCE AND TERM OF LICENSE [REGISTRATION]. |
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(a) The department shall issue an air conditioning and |
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refrigeration technician license [registration] to an applicant |
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who: |
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(1) submits a verified application; |
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(2) meets the requirements of this chapter and rules |
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adopted under this chapter; [and] |
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(3) passes the applicable examination; and |
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(4) pays the required fees. |
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(b) A license [registration] issued under this subchapter |
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is valid for one year from the date of issuance. |
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SECTION 7. Section 1302.509, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.509. PROHIBITED PRACTICES [LIMITATIONS ON
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REGISTRANT]. A person licensed [registered] under this subchapter |
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may not: |
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(1) perform, offer to perform, or attempt to perform |
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an act 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 under that |
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chapter or is exempt by a rule adopted 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) assist or work with a person who is not a licensed |
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air conditioning and refrigeration contractor in the performance of |
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air conditioning and refrigeration maintenance work. |
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SECTION 8. Sections 1302.506 and 1302.508, Occupations |
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Code, are repealed. |
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SECTION 9. (a) Not later than February 1, 2014, the Texas |
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Commission of Licensing and Regulation shall adopt rules to |
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implement the changes in law made by this Act to Subchapter K, |
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Chapter 1302, Occupations Code. |
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(b) The Texas Commission of Licensing and Regulation shall |
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adopt rules to convert and renew an air conditioning and |
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refrigeration registration or certification issued before March 1, |
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2014, to an air conditioning and refrigeration technician license |
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without imposing the additional eligibility requirements under |
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Chapter 1302, Occupations Code, as amended by this Act. |
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(c) Chapter 1302, Occupations Code, as amended by this Act, |
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applies only to an application for a license under that chapter |
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submitted to the Texas Department of Licensing and Regulation on or |
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after March 1, 2014. An application for a license, registration, or |
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certification submitted under that chapter 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 10. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect March 1, 2014. |
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(b) Section 9 of this Act takes effect September 1, 2013. |