H.B. No. 1859
 
 
 
 
AN ACT
  relating to the regulation of air conditioning and refrigeration
  contracting, including eligibility for an air conditioning and
  refrigeration technician registration or certification.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1302.002(5-c), Occupations Code, is
  amended to read as follows:
               (5-c)  "Certification training program" means:
                     (A)  a career and technology education program
  described by Section 1302.5037; or
                     (B)  a program of education and training that[:
                     [(A)]  is accepted or approved by the
  department[;] and
                     [(B)]  consists of at least 2,000 hours of a
  combination of:
                           (i)  classroom instruction:
                                 (a)  at a secondary school;
                                 (b)  at an institution of higher
  education, as defined by Section 61.003, Education Code; or
                                 (c)  in an apprenticeship program
  accepted by the department; and
                           (ii)  practical experience in air
  conditioning and refrigeration-related work under the supervision
  of a licensed air conditioning and refrigeration contractor.
         SECTION 2.  Subchapter C, Chapter 1302, Occupations Code, is
  amended by adding Section 1302.1015 to read as follows:
         Sec. 1302.1015.  RULES REGARDING RENEWAL FEE AND CONTINUING
  EDUCATION EXEMPTIONS FOR CERTAIN LICENSE OR CERTIFICATION HOLDERS.
  The commission shall adopt rules waiving any applicable renewal fee
  and providing for a reduction in the number of hours of continuing
  education required to renew an air conditioning and refrigeration
  contractor license or air conditioning and refrigeration
  technician certification for a person who provides instruction in a
  career and technology education program described by Section
  1302.5037.
         SECTION 3.  Section 1302.502, Occupations Code, is amended
  to read as follows:
         Sec. 1302.502.  EXEMPTION FOR CERTAIN STUDENTS. A person is
  not required to be registered or certified under this subchapter to
  act or offer to act as an air conditioning and refrigeration
  technician if the person:
               (1)  is a student in a certification training program
  who acts or offers to act as an air conditioning and refrigeration
  technician solely as part of the program; and
               (2)  is[:
                     [(A)  younger than 18 years of age; or
                     [(B)]  enrolled at a secondary school or an
  institution of higher education, as that term is defined by Section
  1302.5037.
         SECTION 4.  Section 1302.503, Occupations Code, is amended
  to read as follows:
         Sec. 1302.503.  SUPERVISION REQUIREMENTS FOR TECHNICIANS
  AND MINORS.  (a) An air conditioning and refrigeration technician
  must be supervised by an air conditioning and refrigeration
  contractor licensed under this chapter.
         (b)  A person who is younger than 18 years of age and acting
  or offering to act as an air conditioning and refrigeration
  technician must at all times work under the direct supervision of a
  licensed air conditioning and refrigeration contractor or a
  certified air conditioning and refrigeration technician. 
         SECTION 5.  Section 1302.5035(a), Occupations Code, is
  amended to read as follows:
         (a)  An applicant for a technician registration under this
  subchapter must be at least 16 [18] years old.
         SECTION 6.  Section 1302.5036, Occupations Code, is amended
  to read as follows:
         Sec. 1302.5036.  CERTIFICATION ELIGIBILITY REQUIREMENTS.
  To be eligible for an air conditioning and refrigeration technician
  certification, an applicant must:
               (1)  be at least 18 years old;
               (2)  have completed:
                     (A)  [in the preceding 48 months] a certification
  training program; or
                     (B)  24 months of air conditioning and
  refrigeration-related work:
                           (i)  under the supervision of a licensed air
  conditioning and refrigeration contractor; or
                           (ii)  as part of the applicant's military
  occupational specialty within the armed forces of the United
  States; and
               (3)  have passed a competency examination
  administered, recognized, or accepted by the department.
         SECTION 7.  Subchapter K, Chapter 1302, Occupations Code, is
  amended by adding Section 1302.5037 to read as follows:
         Sec. 1302.5037.  CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR
  TECHNICIAN CERTIFICATION; INSTRUCTORS.  (a) In this section: 
               (1)  "Career and technology education program" means:
                     (A)  a career and technology education program
  under Subchapter F, Chapter 29, Education Code; or 
                     (B)  a program determined by the department to be
  similar to that described by Paragraph (A) and offered by:
                           (i)  an institution of higher education; or 
                           (ii)  a private school, as defined by
  Section 5.001, Education Code.
               (2)  "Institution of higher education" means an
  institution of higher education or a private or independent
  institution of higher education, as those terms are defined by
  Section 61.003, Education Code.
         (b)  The department shall recognize a career and technology
  education program as a certification training program for purposes
  of Section 1302.5036.
         (c)  The commission by rule shall establish standards for the
  essential knowledge and skills of a career and technology education
  program described by Subsection (a), subject to the approval of the
  State Board of Education if the courses are to be offered in a high
  school. The rules must:
               (1)  require the program to consist of an appropriate
  number of hours of classroom instruction and a practical component;
  and
               (2)  provide for crediting appropriate on-the-job
  training toward meeting the requirements of the practical
  component.
         (d)  A person may not provide instruction in a career and
  technology education program unless the person is:
               (1)  a licensed air conditioning and refrigeration
  contractor; or
               (2)  a certified air conditioning and refrigeration
  technician whose certification was issued on or after September 1,
  2018.
         (e)  A career and technology education program offered by an
  institution of higher education may not be more stringent than a
  program offered by a public high school. 
         SECTION 8.  As soon as practicable after the effective date
  of this Act, the Texas Commission of Licensing and Regulation shall
  adopt rules necessary to implement the changes in law made by this
  Act to Chapter 1302, Occupations Code.
         SECTION 9.  In developing the initial standards for the
  career and technology education program under Section
  1302.5037(c), Occupations Code, as added by this Act, the Texas
  Commission of Licensing and Regulation shall consult with Texas
  State Technical College and relevant interest groups in the air
  conditioning and refrigeration industry.
         SECTION 10.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1859 was passed by the House on April
  25, 2023, by the following vote:  Yeas 94, Nays 51, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1859 was passed by the Senate on May
  16, 2023, by the following vote:  Yeas 21, Nays 10.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor