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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. |
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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. SHORT TITLE. This chapter may be cited as |
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the Energy Efficiency Professionals Act. |
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Sec. 1307.002. DEFINITIONS. In this chapter: |
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(1) "ACCA" means the Air Conditioning Contractors of |
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America. |
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(2) "ANSI" means the American National Standards |
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Institute. |
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(3) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(4) "Covered premises" means a new home, existing |
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home, or light commercial building. |
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(5) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(6) "Direct, on-site supervision" means supervision |
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by an energy efficiency professional who is physically present on |
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the premises where the work is performed at the time the work is |
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performed. |
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(7) "Energy efficiency evaluation" means an analysis, |
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assessment, or audit of the energy consumption and efficiency of a |
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building. |
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(8) "Energy efficiency evaluation training or |
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certification program" means a program accredited by a state or |
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national organization that trains or certifies individuals to |
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perform energy efficiency evaluations for covered premises. |
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(9) "Energy efficiency professional" means an |
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individual who is registered with the department under this |
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chapter. |
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(10) "Energy efficiency report" means a report or any |
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recommendations provided to a consumer or building owner based on |
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an energy efficiency evaluation. |
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(11) "Environmental air conditioning" has the meaning |
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assigned by Section 1302.002. |
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(12) "Executive director" means the executive |
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director of the department. |
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(13) "Existing home" means a residential building that |
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was built for the purpose of housing an individual and is occupied |
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or has been previously occupied. |
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(14) "HVAC system" means a building's heating, |
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ventilation, and air conditioning system. |
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(15) "HVAC system design training program" means a |
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program accredited by a state or national organization that trains |
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individuals on: |
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(A) the material covered by the ACCA manuals D, |
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J, N, S, and T, as those manuals existed on September 1, 2013, and |
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the ANSI/ACCA 5 Standard, as that standard existed on September 1, |
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2013; and |
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(B) making HVAC system design recommendations |
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for covered premises. |
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(16) "Light commercial building" means a commercial |
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building that: |
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(A) is three stories or less in height; and |
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(B) uses an HVAC system with a unit having a size |
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of five tons or 60,000 British thermal units per hour or less. |
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(17) "New home" means a residential building that was |
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built for the purpose of housing an individual and is not occupied |
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and has not been previously occupied. |
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(18) "Performance testing" means the physical testing |
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methodologies used in diagnosing or determining the conditions of a |
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building, including: |
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(A) the condition of a blower door or duct |
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blower; |
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(B) duct system leakage, air flow, and balance; |
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(C) humidity readings; |
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(D) static pressures; |
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(E) thermal imaging; |
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(F) supply and return temperature; |
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(G) combustion safety; and |
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(H) noninvasive refrigerant pressure readings. |
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(19) "Process cooling or heating" has the meaning |
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assigned by Section 1302.002. |
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Sec. 1307.003. APPLICABILITY. (a) This chapter applies |
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to: |
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(1) an energy efficiency evaluation performed on a |
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covered premises; |
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(2) an energy efficiency report based on an energy |
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efficiency evaluation described by Subdivision (1); and |
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(3) a recommendation made as a result of an energy |
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efficiency evaluation. |
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(b) A registered energy efficiency professional who |
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performs an energy efficiency evaluation and produces an energy |
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efficiency report or provides HVAC system design recommendations is |
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not engaged in air conditioning and refrigeration contracting as |
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defined by Section 1302.002. |
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Sec. 1307.004. EXEMPTIONS. (a) This chapter does not |
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apply to an individual who performs an energy efficiency |
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evaluation, provides an energy efficiency report, or makes an HVAC |
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system design recommendation and who: |
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(1) is licensed as or employed by: |
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(A) an engineer licensed under Chapter 1001; |
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(B) an architect licensed under Chapter 1051; or |
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(C) an air conditioning and refrigeration |
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contractor licensed under Chapter 1302; or |
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(2) is employed by: |
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(A) an electric utility, power generation |
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company, retail electric provider, electric cooperative, or |
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municipally owned utility; or |
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(B) a utility program management firm for the |
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purposes of performing quality assurance. |
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(b) An individual is not required to be registered under |
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this chapter if the individual is working under the direct, on-site |
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supervision of an energy efficiency professional. |
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(c) An exemption under this section does not exempt an |
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individual from complying with the requirements of Chapter 1302. |
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(d) An individual who is otherwise exempt under this section |
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is required to obtain a registration under this chapter if the |
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individual performs or offers to perform an energy efficiency |
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evaluation, provides an energy efficiency report, or makes HVAC |
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system design recommendations for the public not in the scope of the |
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individual's employment. |
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(e) This chapter does not apply to a building code |
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compliance inspector who reviews or inspects a building for |
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building code compliance in the scope of the individual's |
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employment or contract while employed by or under contract with a |
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local governmental entity or building contractor. |
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SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT |
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Sec. 1307.051. RULES. The commission shall adopt rules |
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providing for: |
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(1) the requirements for registration, registration |
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renewal, and reinstatement of a registration issued under this |
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chapter; |
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(2) the requirements for obtaining and renewing |
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endorsements on a registration issued under this chapter; |
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(3) the standards of conduct for an energy efficiency |
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professional; |
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(4) the criteria for recognizing an energy efficiency |
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evaluation training and certification program; |
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(5) the criteria for recognizing HVAC system design |
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training programs; |
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(6) the applicable standards for: |
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(A) conducting energy efficiency evaluations; |
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(B) providing energy efficiency reports; and |
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(C) providing HVAC design recommendations; |
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(7) fees reasonable and necessary to administer this |
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chapter; and |
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(8) other rules necessary for the implementation and |
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administration of this chapter. |
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Sec. 1307.052. INSURANCE REQUIREMENTS. (a) The |
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commission by rule shall establish minimum general liability |
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insurance requirements for an energy efficiency professional. |
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(b) An energy efficiency professional must maintain |
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insurance as prescribed by commission rule during the entire term |
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of the person's registration. |
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Sec. 1307.053. LIST OF RECOGNIZED PROGRAMS. The department |
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shall maintain and make available to the public a list of: |
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(1) energy efficiency evaluation training or |
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certification programs recognized by the department; and |
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(2) HVAC system design training programs recognized by |
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the department. |
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Sec. 1307.054. LIST OF ENERGY EFFICIENCY PROFESSIONALS. |
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The department shall maintain and make available to the public a |
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directory of all individuals registered under this chapter. |
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Sec. 1307.055. CRIMINAL BACKGROUND CHECKS. The department |
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may, as permitted by law: |
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(1) examine any criminal conviction, guilty plea, or |
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deferred adjudication of an applicant for the issuance or renewal |
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of a registration issued under this chapter; and |
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(2) obtain any criminal history record information of |
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the applicant. |
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SUBCHAPTER C. REGISTRATION |
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Sec. 1307.101. REGISTRATION REQUIRED. An individual may |
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not perform an energy efficiency evaluation, provide an energy |
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efficiency report, or provide a recommendation regarding HVAC |
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system design on covered premises unless the individual is |
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registered by the department as an energy efficiency professional. |
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Sec. 1307.102. QUALIFICATIONS; TERM OF REGISTRATION. |
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(a) The department shall register an applicant who: |
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(1) holds an appropriate certification from an energy |
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efficiency evaluation training or certification program recognized |
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by the department; |
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(2) performs at least five energy efficiency |
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evaluations under the direct, on-site supervision of an energy |
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efficiency professional; |
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(3) demonstrates proof of: |
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(A) completion of an HVAC system design training |
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program, if applicable; and |
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(B) insurance as required by commission rule; |
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(4) submits the application and fees required by the |
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commission; and |
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(5) passes a criminal history record information |
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check. |
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(b) The department may credit towards the requirement of |
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Subsection (a)(2) an applicant's verified experience in performing |
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energy efficiency evaluations earned while working in another |
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jurisdiction, during military training or service, or through other |
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experience as determined by the executive director. |
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(c) A registration issued under this chapter expires on the |
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first anniversary of the date the registration was issued. |
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(d) An energy efficiency professional shall maintain the |
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certification described by Subsection (a)(1) in good standing in |
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order to retain a registration issued under this chapter. |
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Sec. 1307.103. ENDORSEMENT REQUIRED. An energy efficiency |
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professional may not perform an energy efficiency evaluation, |
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provide an energy efficiency report, or provide recommendations for |
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a type of covered premises for which the registration holder does |
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not hold an endorsement. |
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Sec. 1307.104. PREMISES ENDORSEMENTS. (a) The department |
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may issue a premises endorsement to a registration issued under |
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this chapter based on a certification that satisfies the |
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requirement of Section 1307.102(a)(1). |
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(b) A registration must be endorsed with one or more of the |
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following premises endorsements: |
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(1) new home; |
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(2) existing home; or |
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(3) light commercial building. |
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(c) The premises endorsement allows the holder to perform an |
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energy efficiency evaluation or provide an energy efficiency report |
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for the type of covered premises listed on the endorsement. |
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Sec. 1307.105. HVAC SYSTEM DESIGN ENDORSEMENT. The HVAC |
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system design endorsement allows the holder to provide |
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recommendations regarding the HVAC system design of covered |
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premises. The department may issue an HVAC system design |
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endorsement to a registration holder if the holder: |
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(1) satisfies the requirement of Section |
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1307.102(a)(1); |
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(2) provides proof that the applicant has successfully |
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completed at least 80 hours of training from an HVAC design training |
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program recognized by the department; and |
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(3) has been issued a premises endorsement under |
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Section 1307.104(b). |
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Sec. 1307.106. RENEWAL OF REGISTRATION AND ENDORSEMENTS. |
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An energy efficiency professional may renew a registration or |
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endorsement issued under this chapter by completing the |
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registration and endorsement renewal requirements, including the |
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payment of a required fee, established by commission rule. |
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SUBCHAPTER D. PRACTICE OF ENERGY EFFICIENCY PROFESSIONALS |
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Sec. 1307.151. SCOPE OF PRACTICE. (a) An energy |
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efficiency professional shall conduct an energy efficiency |
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evaluation for a covered premises consistent with the scope of the |
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energy efficiency professional's registration and endorsements. |
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(b) An energy efficiency professional shall provide an |
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energy efficiency report to a consumer based on the information |
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discovered in an energy efficiency evaluation and consistent with |
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the energy efficiency professional's registration and |
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endorsements. |
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(c) An energy efficiency professional shall provide |
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recommendations regarding HVAC system design consistent with the |
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energy efficiency professional's registration and endorsements and |
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based on the ACCA manuals, as applicable. |
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Sec. 1307.152. CONDUCTING ENERGY EFFICIENCY EVALUATIONS. |
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(a) An energy efficiency evaluation may include the inspection, |
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testing, investigation, or surveying of a building to evaluate, |
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measure, or quantify the building's energy consumption and |
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efficiency, including: |
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(1) verification of the building's HVAC system; |
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(2) inspection of the integrity of the building |
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envelope, including air leakage, durability, and insulation; |
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(3) inspection and evaluation of the efficiency of the |
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building's lighting, electronics, and appliances; and |
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(4) performance testing. |
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(b) The following are the minimum standards applicable to an |
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energy efficiency evaluation: |
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(1) the International Energy Conservation Code, as |
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adopted by the International Code Council and the State Energy |
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Conservation Office under Section 388.003, Health and Safety Code; |
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(2) the International Residential Code for One- and |
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Two-Family Dwellings, Chapter 11, as adopted by the International |
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Code Council and the State Energy Conservation Office under Section |
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388.003, Health and Safety Code; |
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(3) the Residential Energy Services Network Mortgage |
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Industry National Home Energy Rating Systems Standards, Chapters 3, |
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6, 7, 8, and 9, as those chapters existed on September 1, 2013; |
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(4) ANSI/ACCA Standards 5, 9, and 12, as those |
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standards existed on September 1, 2013; |
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(5) the residential environmental air conditioning |
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system design standards under ACCA manuals D, J, N, S, and T, as |
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those standards existed on September 1, 2013; |
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(6) the Texas Home Energy Rating Organization's Texas |
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Home Energy Audit Technical Standard, as that standard existed on |
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September 1, 2013; |
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(7) the Building Performance Institute, Inc., Home |
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Energy Auditing Standard, as that standard existed on September 1, |
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2013; and |
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(8) the American Society of Heating, Refrigerating, |
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and Air-Conditioning Engineers Procedures for Commercial Building |
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Energy Audits, as those procedures existed on September 1, 2013. |
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(c) The commission by rule may review and adopt any |
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subsequent revisions or replacements to the standards under |
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Subsection (b) if the commission determines that adoption of the |
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revision or replacement is in the best interest of the public |
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health, safety, or welfare. |
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(d) The commission by rule may review and adopt any other |
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standards for performing energy efficiency evaluations for covered |
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premises if the commission determines that adoption of the standard |
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is in the best interest of the public health, safety, or welfare. |
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(e) The commission by rule shall identify whether the |
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standards under this section are applicable to new homes, existing |
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homes, or light commercial buildings. |
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Sec. 1307.153. ACCESS TO ELECTRICAL PANELS. (a) An energy |
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efficiency professional may open electrical panels and connect |
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temporary measurement or monitoring devices as needed in order to |
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test efficiency and capacity. |
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(b) An energy efficiency professional shall make an |
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electrical connection described by Subsection (a) in accordance |
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with standards at least as stringent as the National Electrical |
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Code as adopted under Chapter 1305. |
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Sec. 1307.154. FLUE GAS PIPE TESTING. An energy efficiency |
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professional may test flue gas piping for environmental air |
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conditioning, commercial refrigeration, or process cooling or |
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heating systems for flue gas concentration, spillage, and draft in |
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accordance with standards adopted under this chapter. |
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Sec. 1307.155. REQUIRED DISCLOSURES. (a) An energy |
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efficiency report that contains a recommendation regarding an HVAC |
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system must contain the following disclosure in at least 12-point |
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type: "Final HVAC system design and installation must be performed |
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by a licensed air conditioning and refrigeration contractor in |
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accordance with Chapter 1302, Texas Occupations Code. Design |
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recommendations may vary depending on the equipment manufacturer, |
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final designer, and design layout." |
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(b) An energy efficiency report that includes |
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recommendations for repairs, modifications, or other improvements |
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in which the energy efficiency professional or an individual |
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associated with the energy efficiency professional has a financial |
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interest must include the following disclosure in at least 12-point |
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type: "Recommendations in this report are made by an energy |
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efficiency professional with a potential financial interest in the |
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installation, repair, or general construction of energy efficiency |
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improvement measures contained in this report." |
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SUBCHAPTER E. ENFORCEMENT |
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Sec. 1307.201. PROHIBITED PRACTICES. An individual |
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registered under this chapter may not perform, offer to perform, or |
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attempt to perform an act that is: |
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(1) defined as the practice of engineering under |
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Chapter 1001, unless the individual holds a license under that |
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chapter; or |
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(2) defined as the practice of architecture under |
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Chapter 1051, unless the individual holds a license under that |
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chapter. |
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Sec. 1307.202. 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. 1307.203. ADMINISTRATIVE SANCTIONS. The commission or |
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executive director may impose a sanction under Subchapter G, |
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Chapter 51, on a registration holder if the individual violates |
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this chapter, a rule adopted under this chapter, or an order of the |
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commission or executive director. |
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Sec. 1307.204. ADMINISTRATIVE PENALTY. The commission or |
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executive director may impose an administrative penalty in the |
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manner provided by Subchapter F, Chapter 51, on a person if the |
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person violates: |
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(1) this chapter or a rule adopted under this chapter; |
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or |
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(2) an order of the commission or executive director. |
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Sec. 1307.205. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION. |
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(a) The executive director may issue a cease and desist order if |
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the executive director determines that an order is necessary to: |
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(1) prevent a violation of this chapter or a rule |
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adopted under this chapter; or |
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(2) protect the public health and safety. |
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(b) The attorney general or the executive director may |
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institute an action for an injunction or a civil penalty as provided |
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by Section 51.352. |
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SUBCHAPTER F. INITIAL REGISTRATION |
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Sec. 1307.251. INITIAL REGISTRATION. The department shall |
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issue a registration as an energy efficiency professional to a |
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qualified applicant who: |
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(1) submits an application to the department not later |
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than September 1, 2014; |
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(2) submits evidence satisfactory to the department |
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that the applicant has been actively engaged in performing energy |
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efficiency evaluations for at least 36 months; and |
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(3) complies with the registration requirements under |
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Section 1307.102, other than Section 1307.102(a)(2). |
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Sec. 1307.252. ENDORSEMENT OF INITIAL REGISTRATION. |
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(a) The department shall issue an appropriate endorsement for a |
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specific covered premises to an individual holding a registration |
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issued under this subchapter. |
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(b) The commission shall adopt rules to determine which |
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endorsement an individual holding a registration issued under this |
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subchapter shall be issued based on the certification and training |
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of the registration holder. |
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Sec. 1307.253. TERM. A registration issued under this |
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subchapter expires on the first anniversary of the date the |
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registration was issued. |
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Sec. 1307.254. REQUIREMENT TO MAINTAIN CERTIFICATION. An |
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energy efficiency professional shall maintain the certification |
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required by Section 1307.102(a)(1) in good standing in order to |
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retain a registration issued under this subchapter. |
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Sec. 1307.255. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires October 1, 2015. |
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SECTION 2. Not later than March 1, 2014, 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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SECTION 3. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2013. |
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(b) Section 1307.101 and Subchapter D, Chapter 1307, |
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Occupations Code, as added by this Act, take effect September 1, |
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2014. |
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* * * * * |