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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 and trainees; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1302.002, Occupations Code, is amended |
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by amending Subdivision (5-a) and adding Subdivisions (11-b) and |
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(11-c) to read as follows: |
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(5-a) "Air conditioning and refrigeration technician" |
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and "air conditioning and refrigeration trainee" mean [means] a |
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person who assists a licensed air conditioning and refrigeration |
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contractor in performing air conditioning and refrigeration |
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maintenance work. |
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(11-b) "Licensed technician" means an air |
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conditioning and refrigeration technician who is licensed with the |
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department. |
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(11-c) "Licensed trainee" means an air conditioning |
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and refrigeration trainee who is licensed with the department. |
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SECTION 2. Section 1302.1011, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.1011. RULES. The commission shall adopt rules: |
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(1) providing for the licensing [and registration] of |
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persons under this chapter, including requirements for the issuance |
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and renewal of a contractor license, [and] a technician license, |
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and a trainee license [registration]; |
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(2) establishing fees necessary for the |
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administration of this chapter, including fees for issuance and |
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renewal of a contractor license, [and] a technician license, and a |
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trainee license [registration]; and |
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(3) implementing the requirements of this chapter as |
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applicable to persons, entities, and activities regulated under |
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this chapter. |
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SECTION 3. Section 1302.263, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.263. LIMITATION ON LICENSE HOLDER. A person |
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licensed as a contractor under this chapter may not: |
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(1) perform or offer or attempt to perform an act, |
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service, or function 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 or is exempt by |
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rule 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) use the services of a person who is not a licensed |
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[registered] technician, licensed trainee, or a licensed air |
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conditioning and refrigeration contractor to assist in the |
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performance of air conditioning and refrigeration maintenance |
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work. |
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SECTION 4. Section 1302.402, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.402. ADMINISTRATIVE PROCEDURES. A proceeding for |
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the denial of a license [or registration] application or |
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disciplinary action and an appeal from that proceeding are governed |
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by Chapter 2001, Government Code. |
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SECTION 5. Section 1302.453(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) knowingly engages in air conditioning and |
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refrigeration contracting without holding a license issued under |
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this chapter; or |
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(2) knowingly engages in air conditioning and |
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refrigeration maintenance work without holding a contractor |
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license, [or] technician license, or trainee license |
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[registration] issued under this chapter. |
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SECTION 6. 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 7. 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 LICENSED |
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TECHNICIANS [REGISTRANTS]. |
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SECTION 8. 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 Subsection (c). |
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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 holds a certificate of authority 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, or a |
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program of at least two semesters, in air conditioning and |
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refrigeration-related work is equivalent to six months of practical |
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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 that is: |
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(A) described by Section 1302.054, 1302.055, |
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1302.056, or 1302.057; and |
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(B) approved by the executive director. [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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SECTION 9. 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 10. Subchapter K, Chapter 1302, Occupations Code, |
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is amended by adding Section 1302.5045 to read as follows: |
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Sec. 1302.5045. EXAMINATION. 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 11. 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 TECHNICIAN LICENSE |
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[REGISTRATION]. (a) The department shall issue an air |
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conditioning and refrigeration technician license [registration] |
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to an applicant 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 12. Section 1302.506, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.506. TEMPORARY LICENSE [REGISTRATION]. (a) An |
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applicant for a license [registration] may request a temporary |
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license [registration]. The executive director shall issue a |
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temporary license [registration] that expires on the 21st day after |
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the date of issuance to an applicant who meets the qualifications |
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for a temporary license [registration]. |
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(b) The commission shall adopt rules providing for the |
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issuance of a temporary license [registration] under this section, |
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including the qualifications and fee required for the license |
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[registration]. |
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SECTION 13. Section 1302.508, Occupations Code, is amended |
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to read as follows: |
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Sec. 1302.508. CERTIFIED TECHNICIAN. A licensed |
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[registered] technician may be certified by the department and use |
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the designation "certified technician" if the licensed |
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[registered] technician: |
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(1) completes an application for certification on a |
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form prescribed by the executive director; |
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(2) pays the application fee; and |
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(3) provides the department with proof that the |
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licensed [registered] technician successfully completed a |
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nationally recognized and administered certification examination |
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or another examination of equal or greater difficulty approved by |
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the department. |
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SECTION 14. 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 15. Chapter 1302, Occupations Code, is amended by |
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adding Subchapter L to read as follows: |
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SUBCHAPTER L. AIR CONDITIONING AND REFRIGERATION TRAINEES |
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Sec. 1302.551. LICENSE REQUIRED. (a) A person may not act |
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or offer to act as an air conditioning and refrigeration trainee |
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unless the person is licensed under this subchapter. |
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(b) An air conditioning and refrigeration trainee license |
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is valid throughout the state. |
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Sec. 1302.552. SUPERVISION REQUIREMENTS FOR LICENSED |
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TRAINEES. A licensed trainee must be supervised by an air |
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conditioning and refrigeration contractor licensed under this |
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chapter. |
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Sec. 1302.553. ELIGIBILITY REQUIREMENTS. (a) An applicant |
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for a trainee license under this subchapter must be at least 18 |
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years old. |
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(b) An applicant for a trainee license is not required to |
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have practical experience or to take an examination to obtain the |
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license. |
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Sec. 1302.554. APPLICATION; FEES. (a) An applicant for an |
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air conditioning and refrigeration trainee license must submit a |
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verified application on a form prescribed by the executive |
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director. |
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(b) The completed application must be accompanied by the |
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required fees. |
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Sec. 1302.555. ISSUANCE AND TERM OF TRAINEE LICENSE. (a) |
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The department shall issue an air conditioning and refrigeration |
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trainee license to an applicant who: |
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(1) submits a verified application on a form |
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prescribed by the executive director; |
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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) pays the required fees. |
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(b) A license issued under this subchapter is valid for one |
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year from the date of issuance. |
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Sec. 1302.556. TEMPORARY LICENSE. (a) An applicant for a |
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trainee license may request a temporary license. The executive |
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director shall issue a temporary license that expires on the 21st |
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day after the date of issuance to an applicant who meets the |
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qualifications for a temporary license. |
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(b) The commission shall adopt rules providing for the |
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issuance of a temporary license under this section, including the |
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qualifications and fee required for the license. |
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Sec. 1302.557. LIMITATIONS ON LICENSE HOLDER. A person |
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licensed under this subchapter 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; |
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(2) assist a person who is not a licensed air |
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conditioning and refrigeration contractor in the performance of air |
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conditioning and refrigeration maintenance work; or |
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(3) work with a person or business entity that is not |
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an air conditioning and refrigeration contracting company |
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complying with Section 1302.252 in the performance of air |
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conditioning and refrigeration maintenance work. |
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SECTION 16. Section 1302.002(17), Occupations Code, is |
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repealed. |
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SECTION 17. (a) Not later than February 1, 2018, 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 Chapter 1302, |
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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 issued before March 1, 2018, to an air |
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conditioning and refrigeration technician license without imposing |
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the additional eligibility requirements under Chapter 1302, |
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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, 2018. 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 18. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect March 1, 2018. |
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(b) Section 17 of this Act takes effect September 1, 2017. |