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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of energy efficiency professionals; |
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providing penalties; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 8, Occupations Code, is amended by adding |
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Chapter 1307 to read as follows: |
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CHAPTER 1307. ENERGY EFFICIENCY PROFESSIONALS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1307.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(3) "Energy efficiency analysis, assessment, or |
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audit" means an evaluation of the energy consumption and efficiency |
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of a structure, including recommendations to reduce energy |
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consumption and improve energy efficiency. |
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(4) "Energy efficiency report" means a report produced |
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as a result of an energy efficiency analysis, assessment, or audit. |
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(5) "HVAC system" means a structure's heating, |
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ventilation, and air conditioning system. |
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(6) "Registered energy efficiency professional" means |
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a person who is registered with the department under this chapter. |
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Sec. 1307.002. APPLICABILITY. (a) This chapter applies to |
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an energy efficiency audit performed on a residential structure. |
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(b) A registered energy efficiency professional who |
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performs an energy efficiency analysis, assessment, or audit and |
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produces an energy efficiency report is not engaged in air |
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conditioning and refrigeration contracting as defined by Section |
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1302.002 if a component of the energy efficiency analysis, |
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assessment, or audit relating to an air conditioning and |
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refrigeration system is performed in accordance with the latest |
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version of the applicable federal and state standards. |
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Sec. 1307.003. EXEMPTIONS. (a) This chapter does not apply |
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to a person who: |
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(1) is licensed as an engineer under Chapter 1001; |
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(2) performs air conditioning and refrigeration |
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contracting work in the scope of the person's employment; and |
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(3) does not engage in air conditioning and |
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refrigeration contracting work for the public. |
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(b) A person is not required to be registered under this |
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chapter if the person is working under the direct supervision of a |
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registered energy efficiency professional who is physically |
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present on the premises where the work is performed. |
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SUBCHAPTER B. REGULATION OF ENERGY EFFICIENCY ANALYSES, |
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ASSESSMENTS, AND AUDITS |
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Sec. 1307.051. RULES. (a) The commission by rule shall |
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establish: |
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(1) the form and content of the required application |
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for registration under this chapter; |
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(2) an application fee for registration under this |
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chapter; |
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(3) insurance requirements for a registered energy |
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efficiency professional, which must be similar to the requirements |
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for the holder of an air conditioning and refrigeration contractor |
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license described by Section 1302.253(c); |
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(4) standards of conduct for a registered energy |
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efficiency professional; and |
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(5) other rules necessary for the administration of |
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this chapter. |
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(b) The commission may not: |
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(1) require an applicant or person registered under |
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this chapter to post a bond; or |
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(2) establish minimum education requirements for an |
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applicant for registration under this chapter, except as otherwise |
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provided in this chapter. |
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Sec. 1307.052. CONDUCTING ENERGY EFFICIENCY ANALYSES, |
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ASSESSMENTS, AND AUDITS. An energy efficiency analysis, |
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assessment, or audit may include: |
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(1) the inspection, testing, investigation, or |
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surveying of a structure to evaluate, measure, or quantify the |
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structure's energy consumption and efficiency, including: |
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(A) verification of the structure's HVAC system; |
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(B) inspection of the integrity of the building |
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envelope, including air leakage, durability, and insulation; and |
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(C) inspection and evaluation of the efficiency |
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of the structure's lighting, electronics, and appliances; and |
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(2) recommendations to improve the efficiency of an |
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item or system inspected or evaluated under Subdivision (1). |
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Sec. 1307.053. REQUIRED DISCLOSURES. An energy efficiency |
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report that contains a recommendation regarding an HVAC system must |
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contain the following disclosure in a type not smaller than 12 |
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points: "Final HVAC system design and installation must be |
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performed by a licensed air conditioning and refrigeration |
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contractor in accordance with Chapter 1302, Texas Occupations Code. |
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All HVAC design recommendations in this report are based on the |
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standards of applicable Air Conditioning Contractors of America |
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Manuals and may vary depending on the equipment manufacturer, final |
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designer, and design layout." |
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Sec. 1307.054. LIST OF REGISTERED ENERGY EFFICIENCY |
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PROFESSIONALS. The department shall maintain a list of all persons |
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registered under this chapter. |
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SUBCHAPTER C. REGISTRATION |
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Sec. 1307.101. REGISTRATION REQUIRED. A person may not |
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perform an energy efficiency analysis, assessment, or audit or |
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produce an energy efficiency report on a residential structure |
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unless the person is registered by the department as a registered |
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energy efficiency professional. |
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Sec. 1307.102. QUALIFICATIONS; TERM OF REGISTRATION. (a) |
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The department shall register an applicant who: |
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(1) obtains a certification through an applicable |
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training and certification program accredited by a state or |
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national regulating body; |
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(2) completes at least five residential energy |
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efficiency analyses, assessments, or audits under the supervision |
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of a registered energy efficiency professional; |
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(3) demonstrates proof of: |
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(A) good standing with an organization that has |
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certified the applicant under Subdivision (1); and |
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(B) insurance as required by the commission; and |
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(4) submits the application and fees required by the |
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commission. |
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(b) Unless renewed, a registration issued under this |
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chapter expires on the first anniversary of the date of issuance. |
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Sec. 1307.103. RENEWAL AND CONTINUING EDUCATION. The |
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commission shall adopt rules for: |
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(1) continuing education required for registered |
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energy efficiency professionals; and |
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(2) the renewal of a registration issued under this |
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chapter. |
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SUBCHAPTER D. ENFORCEMENT |
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Sec. 1307.151. DISCIPLINARY ACTION. A person is subject to |
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any disciplinary action that may be imposed on a license holder |
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under Subchapter G, Chapter 51, if the person: |
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(1) violates this chapter or a rule adopted under this |
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chapter; or |
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(2) obtains a registration by fraud or false |
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representation. |
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Sec. 1307.152. ADMINISTRATIVE PENALTY. The department may |
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impose an administrative penalty in the manner provided by |
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Subchapter F, Chapter 51, on a person if the person: |
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(1) violates this chapter or a rule adopted under this |
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chapter; or |
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(2) obtains a registration by fraud or false |
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representation. |
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Sec. 1307.153. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION. |
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(a) The department may issue a cease and desist order if the |
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department determines that an order is necessary to: |
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(1) prevent a violation of this chapter; or |
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(2) protect the public health and safety. |
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(b) The attorney general or the department under this |
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subchapter may institute an action for an injunction or a civil |
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penalty as provided by Section 51.352. |
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SECTION 2. (a) Not later than November 1, 2013, the Texas |
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Commission of Licensing and Regulation shall adopt rules required |
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by Chapter 1307, Occupations Code, as added by this Act. |
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(b) Notwithstanding Chapter 1307, Occupations Code, as |
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added by this Act, an energy efficiency professional is not |
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required to hold a certificate of registration under that chapter |
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to perform an energy efficiency analysis, assessment, or audit or |
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to produce an energy efficiency report until January 1, 2014. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2013. |
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(b) Section 1307.101, Occupations Code, as added by this |
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Act, takes effect January 1, 2014. |