Bill Text: TX SB1244 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the licensing and regulation of air conditioning and refrigeration contractors and contracting companies; providing penalties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-25 - Returned to Local & Consent Calendars Comm. [SB1244 Detail]

Download: Texas-2011-SB1244-Engrossed.html

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By: Carona S.B. No. 1244

A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of air conditioning and
refrigeration contractors and contracting companies; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 1302, Occupations Code,
is amended to read as follows:
CHAPTER 1302. AIR CONDITIONING AND REFRIGERATION PROFESSIONALS
[CONTRACTORS]
SECTION 2. Section 1302.001, Occupations Code, is amended
to read as follows:
Sec. 1302.001. SHORT TITLE. This chapter may be cited as
the Air Conditioning and Refrigeration [Contractor] License Law.
SECTION 3. Section 1302.002, Occupations Code, is amended
by amending Subdivisions (1), (4), and (5-a) and adding Subdivision
(5-c) to read as follows:
(1) "Advisory board" means the air conditioning and
refrigeration [contractors] advisory board.
(4) "Air conditioning and refrigeration master
[contractor]" means a person who engages in air conditioning and
refrigeration contracting.
(5-a) "Air conditioning and refrigeration technician"
means a person who assists and works under the supervision of a
licensed air conditioning and refrigeration master [contractor] in
performing air conditioning and refrigeration maintenance work.
(5-c) "Air conditioning and refrigeration trainee"
means a person who is not licensed as an air conditioning and
refrigeration technician and who assists and works under the
supervision of a licensed air conditioning and refrigeration master
in performing air conditioning and refrigeration maintenance work.
SECTION 4. Subsection (a), Section 1302.101, Occupations
Code, is amended to read as follows:
(a) The commission shall adopt rules for the practice of air
conditioning and refrigeration contracting and maintenance work
that are at least as strict as the standards provided by:
(1) the Uniform Mechanical Code; and
(2) the International Mechanical Code.
SECTION 5. Subchapter C, Chapter 1302, Occupations Code, is
amended by adding Section 1302.1011 to read as follows:
Sec. 1302.1011. RULES REGARDING AIR CONDITIONING AND
REFRIGERATION CONTRACTING COMPANIES. The commission shall adopt
rules:
(1) providing for the licensing of persons and
entities under this chapter, including requirements for the
issuance and renewal of a license;
(2) establishing fees necessary for the
administration of this chapter, including fees for issuance and
renewal of licenses; and
(3) implementing the requirements of this chapter as
applicable to persons, entities, and activities regulated under
this chapter.
SECTION 6. Section 1302.102, Occupations Code, is amended
to read as follows:
Sec. 1302.102. INSURANCE REQUIREMENTS. [(a)] The
commission by rule [executive director] shall set insurance
requirements for an air conditioning and refrigeration contracting
company licensed [a license holder] under this chapter.
[(b) The executive director may waive the insurance
requirements for a license holder who does not engage in air
conditioning and refrigeration contracting for the public.]
SECTION 7. Section 1302.103, Occupations Code, is amended
to read as follows:
Sec. 1302.103. [RULES REGARDING] USE AND DISPLAY OF
LICENSE. The commission, with the advice of the advisory board,
shall adopt rules relating to the use, display, and advertisement
of a license issued under this chapter.
SECTION 8. Section 1302.105, Occupations Code, is amended
to read as follows:
Sec. 1302.105. PERSONNEL[; EXAMINERS]. [(a)] The
department may employ personnel necessary to administer this
chapter.
[(b) The department shall employ at least two full-time air
conditioning and refrigeration contractors to serve as examiners.]
SECTION 9. Section 1302.201, Occupations Code, is amended
to read as follows:
Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air
conditioning and refrigeration [contractors] advisory board
consists of seven members appointed by the presiding officer of the
commission, with the commission's approval, and two ex officio
nonvoting members. One member of the advisory board must be a
public member.
SECTION 10. Section 1302.202, Occupations Code, is amended
to read as follows:
Sec. 1302.202. APPOINTED MEMBERS. (a) Except for the
public member, each [Each] appointed advisory board member must be
experienced in the design, installation, construction,
maintenance, service, repair, or modification of equipment used for
environmental air conditioning, commercial refrigeration, or
process cooling or heating. Other than the public member, of [Of]
the appointed members:
(1) one must be an official of a municipality with a
population of more than 250,000;
(2) one must be an official of a municipality with a
population of not more than 250,000; and
(3) four must be full-time licensed air conditioning
and refrigeration masters [contractors], as follows:
(A) one member who holds a Class A license and
practices in a municipality with a population of more than 250,000;
(B) one member who holds a Class B license and
practices in a municipality with a population of more than 250,000;
(C) one member who holds a Class A license and
practices in a municipality with a population of more than 25,000
but not more than 250,000; and
(D) one member who holds a Class B license and
practices in a municipality with a population of not more than
25,000.
(b) At least one [appointed] advisory board member
appointed under Subsection (a)(3) must be an air conditioning and
refrigeration master [contractor] who employs organized labor [and
at least two appointed members must be air conditioning and
refrigeration contractors who are licensed engineers].
SECTION 11. The heading to Subchapter F, Chapter 1302,
Occupations Code, is amended to read as follows:
SUBCHAPTER F. AIR CONDITIONING AND REFRIGERATION MASTER [LICENSE
REQUIREMENTS]
SECTION 12. Section 1302.251, Occupations Code, is amended
to read as follows:
Sec. 1302.251. LICENSE REQUIRED. (a) A person may not
engage in air conditioning and refrigeration contracting unless the
person holds an air conditioning and refrigeration master [a]
license under this subchapter or Subchapter G.
(b) A master license issued under this subchapter is valid
throughout the state. A person who holds a license issued under
this subchapter is not required to hold a municipal license under
Subchapter G to engage in air conditioning and refrigeration
contracting in any municipality in this state.
SECTION 13. Section 1302.252, Occupations Code, is amended
to read as follows:
Sec. 1302.252. REQUIREMENT FOR AIR CONDITIONING AND
REFRIGERATION MASTER LICENSE [CONTRACTING COMPANY]. (a) An air
conditioning and refrigeration master may engage in air
conditioning and refrigeration contracting only for an air
conditioning and refrigeration contracting company licensed under
Subchapter G or M [contracting company must employ full-time in
each permanent office a license holder who holds an appropriate
license assigned to that company].
(b) An air conditioning and refrigeration master may assign
the master's license to only one air conditioning and refrigeration
contracting company and to only one permanent office of that
company [A company that does not employ a license holder as required
by Subsection (a) at the time a contract for air conditioning and
refrigeration contracting services is signed and at the time the
services are performed may not collect a fee or otherwise enforce
the contract].
SECTION 14. Subsection (a), Section 1302.253, Occupations
Code, is amended to read as follows:
(a) The executive director shall issue a Class A or Class B
air conditioning and refrigeration master [contractor] license.
SECTION 15. Subsection (a), Section 1302.254, Occupations
Code, is amended to read as follows:
(a) An air conditioning and refrigeration master
[contractor] license must be endorsed with one or both of the
following endorsements:
(1) an environmental air conditioning endorsement; or
(2) a commercial refrigeration and process cooling or
heating endorsement.
SECTION 16. Section 1302.255, Occupations Code, is amended
to read as follows:
Sec. 1302.255. ELIGIBILITY REQUIREMENTS. (a) An
applicant for a license under this subchapter [chapter] must:
(1) be at least 18 years old; and
(2) have held a technician license for at least 36
months [of practical experience with the tools of the trade] in the
preceding 48 months under the supervision of a licensed air
conditioning and refrigeration master or contractor [five years].
(a-1) An applicant who has equivalent experience in another
state or who held an equivalent license in another state may receive
credit for the experience as determined by the executive director.
(b) Notwithstanding the requirements of [For purposes of
determining an applicant's practical experience under] Subsection
(a)(2), an applicant may satisfy a portion of the practical
experience requirement as provided by Subsection (c).
(c) An applicant who obtains a degree or diploma or
completes a certification program from an institution of higher
education that holds a certificate of authority issued by the Texas
Higher Education Coordinating Board, or an equivalent governing
body in another state as approved by the executive director, may
satisfy a portion of the practical experience requirement as
follows:
(1) completing a four-year degree or diploma in air
conditioning engineering or technology, refrigeration engineering
or technology, or mechanical engineering is equivalent to 24 months
[two years] of practical experience [if:
[(1) the degree or diploma is from an institution of
higher education]; [and]
(2) completing a two-year associate's degree, a
two-year diploma, or a two-year certification program primarily
focused on air conditioning and refrigeration-related work is
equivalent to 12 months of practical experience;
(3) completing a one-year certification program, or a
program of at least two semesters, in air conditioning and
refrigeration-related work is equivalent to six months of practical
experience; and
(4) completing a program resulting in another
applicable degree, diploma, or certification shall be equivalent to
the amount of practical experience determined by the department
under commission rule [the institution's program is approved by the
Texas Board of Professional Engineers for the purpose of licensing
engineers].
(d) Every 2,000 hours of on-the-job training in an air
conditioning and refrigeration apprenticeship program registered
with the United States Department of Labor Office of Apprenticeship
is equivalent to 12 months of practical experience under Subsection
(a)(2).
(e) Notwithstanding the requirements of Subsection (a)(2),
each of the following qualifies as practical experience for
purposes of satisfying the 36-month requirement:
(1) verified military service in which the person was
trained in or performed air conditioning and refrigeration-related
work as part of the person's military occupational specialty; and
(2) experience performing air conditioning and
refrigeration-related work as described by Section 1302.055,
1302.056, or 1302.057 or while employed by a governmental entity.
SECTION 17. Subsections (a) and (c), Section 1302.256,
Occupations Code, are amended to read as follows:
(a) An applicant for an air conditioning and refrigeration
master [a] license must submit a verified application on a form
prescribed by the executive director.
(c) The application must be accompanied by:
(1) a statement containing evidence satisfactory to
the executive director of the applicant's practical experience
required by Section 1302.255(a)(2); and
(2) the required fees [examination fee].
SECTION 18. Subsection (b), Section 1302.257, Occupations
Code, is amended to read as follows:
(b) The executive director shall prescribe the method and
content of an examination administered under this subchapter
[chapter] and shall set compliance requirements for the
examination. To obtain an endorsement, an applicant must pass the
examination for the endorsement.
SECTION 19. Section 1302.260, Occupations Code, is amended
to read as follows:
Sec. 1302.260. ISSUANCE AND TERM OF LICENSE. (a) The
department [On payment of the license fee, the executive director]
shall issue an air conditioning and refrigeration master
[contractor] license to an applicant who:
(1) submits a verified application;
(2) passes the applicable examination;
(3) meets the requirements of this chapter and rules
adopted under this chapter [subchapter]; and
(4) pays the required fees
[(2) provides evidence of insurance coverage required
by the executive director in accordance with this chapter; and
[(3) passes the applicable examination].
(b) A license issued under this chapter expires on the first
anniversary of the date of issuance [at the end of the license
period set by the commission].
SECTION 20. Section 1302.262, Occupations Code, is amended
to read as follows:
Sec. 1302.262. NOTICE TO MUNICIPALITIES. (a) A person or
entity that [who] obtains a license under this subchapter or
Subchapter M shall provide a notice to the municipal authority that
enforces air conditioning and refrigeration contracting
regulations in the municipality in which the person or entity
engages in air conditioning and refrigeration contracting.
(b) The notice must inform the municipality that the person
or entity has obtained a license under this subchapter and must be
in the form required by the municipality.
(c) A municipality may charge a fee to a person or entity
that [who] provides the notice required by this section. The
municipality shall set the fee in an amount reasonable and
necessary to administer this section.
SECTION 21. Section 1302.263, Occupations Code, is amended
to read as follows:
Sec. 1302.263. LIMITATION ON LICENSE HOLDER [OR REGISTERED
TECHNICIAN]. A person licensed under this subchapter [chapter] may
not:
(1) perform or offer or attempt to perform an act,
service, or function that is:
(A) defined as the practice of engineering under
Chapter 1001, unless the person holds a license under that chapter;
(B) regulated under Chapter 113, Natural
Resources Code, unless the person holds a license or is exempt by
rule under that chapter; or
(C) defined as plumbing under Chapter 1301,
unless the person holds a license under that chapter; [or]
(2) use the services of a person who is not [a
registered technician or] a licensed air conditioning and
refrigeration master, a licensed air conditioning and
refrigeration technician, or a licensed air conditioning and
refrigeration trainee [contractor] to assist in the performance of
air conditioning and refrigeration maintenance work; or
(3) work with a person or entity that is not a licensed
air conditioning and refrigeration contracting company in the
performance of air conditioning and refrigeration contracting.
SECTION 22. Section 1302.301, Occupations Code, is amended
to read as follows:
Sec. 1302.301. MUNICIPAL LICENSE. An air conditioning and
refrigeration master or similarly titled contractor license or air
conditioning and refrigeration contracting company license issued
by a municipality of this state and that complies with the
requirements of this subchapter is valid under the terms of the
license within the municipality.
SECTION 23. Section 1302.302, Occupations Code, is amended
to read as follows:
Sec. 1302.302. MUNICIPAL MASTER LICENSE: ELIGIBILITY
REQUIREMENTS. An applicant for a municipal master or similarly
titled contractor license must:
(1) pass an examination that covers the same subjects
as the examination required under Subchapter F for a license of the
class that entitles the holder of the license to perform the work
the applicant proposes to perform; and
(2) meet experience requirements that are at least as
strict as the requirements under Section 1302.255(a)(2).
SECTION 24. Subsection (a), Section 1302.303, Occupations
Code, is amended to read as follows:
(a) A municipality may by ordinance adopt and enforce
standards for air conditioning and refrigeration masters or
similarly titled contractors and for air conditioning and
refrigeration contracting companies that are consistent with the
standards established under this chapter.
SECTION 25. Subsection (a), Section 1302.452, Occupations
Code, is amended to read as follows:
(a) A municipal or county official may issue a citation to
an air conditioning and refrigeration contracting company that
engages in air conditioning and refrigeration contracting without
complying with Section 1302.602 [1302.252].
SECTION 26. Subsection (a), Section 1302.453, Occupations
Code, is amended to read as follows:
(a) A person commits an offense if the person:
(1) knowingly engages in air conditioning and
refrigeration contracting without holding a license issued under
this chapter; [or]
(2) knowingly engages in air conditioning and
refrigeration maintenance work without holding a license issued
under this chapter; or
(3) purchases a refrigerant or equipment containing a
refrigerant in this state in violation of Section 1302.353,
1302.355, or 1302.356.
SECTION 27. Section 1302.501, Occupations Code, is amended
to read as follows:
Sec. 1302.501. LICENSE [REGISTRATION] REQUIRED. (a) A
person may not act or offer to act as an air conditioning and
refrigeration technician unless the person is licensed
[registered] under this subchapter.
(b) An air conditioning and refrigeration technician
license [A registration] is valid throughout the state.
SECTION 28. Section 1302.503, Occupations Code, is amended
to read as follows:
Sec. 1302.503. SUPERVISION REQUIREMENTS FOR TECHNICIANS
[REGISTRANTS]. An air conditioning and refrigeration technician
must be supervised by an air conditioning and refrigeration master
[contractor] licensed under this chapter.
SECTION 29. Subchapter K, Chapter 1302, Occupations Code,
is amended by adding Section 1302.5035 to read as follows:
Sec. 1302.5035. ELIGIBILITY REQUIREMENTS. (a) An
applicant for a license under this subchapter must:
(1) be at least 18 years old; and
(2) have at least 12 months of practical experience in
air conditioning and refrigeration maintenance in the preceding 24
months under the supervision of a licensed air conditioning and
refrigeration master or contractor.
(b) Notwithstanding the requirements of Subsection (a)(2),
an applicant may satisfy a portion of the practical experience
requirement as provided by Subsection (c).
(c) An applicant who obtains a degree or diploma or
completes a certification program from an institution of higher
education that holds a certificate of authority issued by the Texas
Higher Education Coordinating Board, or an equivalent governing
body in another state as approved by the executive director, may
satisfy a portion of the practical experience requirement as
follows:
(1) completing a four-year degree or diploma in air
conditioning engineering or technology, refrigeration engineering
or technology, or mechanical engineering is equivalent to 24 months
of practical experience;
(2) completing a two-year associate's degree, a
two-year diploma, or a two-year certification program primarily
focused on air conditioning and refrigeration-related work is
equivalent to 12 months of practical experience; and
(3) completing a one-year certification program, or a
program of at least two semesters, in air conditioning and
refrigeration-related work is equivalent to six months of practical
experience.
(d) Every 2,000 hours of on-the-job training in an air
conditioning and refrigeration apprenticeship program registered
with the United States Department of Labor Office of Apprenticeship
is equivalent to 12 months of practical experience under Subsection
(a)(2).
(e) Notwithstanding the requirements of Subsection (a)(2),
each of the following qualifies as practical experience for
purposes of satisfying the 12-month requirement:
(1) verified military service in which the person was
trained in or performed air conditioning and refrigeration-related
work as part of the person's military occupational specialty; and
(2) experience performing air conditioning and
refrigeration-related work as described by Section 1302.055,
1302.056, or 1302.057 or while employed by a governmental entity.
SECTION 30. Section 1302.504, Occupations Code, is amended
to read as follows:
Sec. 1302.504. APPLICATION; FEE. (a) An applicant for an
air conditioning and refrigeration technician license
[registration] must submit a verified [an] application on a form
prescribed by the executive director [commission].
(b) The completed application must be accompanied by:
(1) a statement containing evidence satisfactory to
the department of the applicant's practical experience; and
(2) the required fees [application fee].
SECTION 31. Subchapter K, Chapter 1302, Occupations Code,
is amended by adding Section 1302.5045 to read as follows:
Sec. 1302.5045. EXAMINATIONS. The executive director shall
prescribe an examination for an air conditioning and refrigeration
technician license, including the method, content, and compliance
requirements.
SECTION 32. Section 1302.505, Occupations Code, is amended
to read as follows:
Sec. 1302.505. ISSUANCE AND TERM OF REGISTRATION. (a) The
department shall issue an air conditioning and refrigeration
technician license to an applicant who:
(1) submits a verified application;
(2) passes the applicable examination;
(3) meets the requirements of this chapter and rules
adopted under this chapter; and
(4) pays the required fees [On receipt of a completed
application, the department shall register an applicant who meets
the requirements of this subchapter].
(b) A license issued under this subchapter [registration]
is valid for one year from the date of issuance.
SECTION 33. Subchapter K, Chapter 1302, Occupations Code,
is amended by adding Section 1302.509 to read as follows:
Sec. 1302.509. LIMITATIONS ON LICENSE HOLDER. A person
licensed under this subchapter may not:
(1) perform, offer to perform, or attempt to perform
an act that is:
(A) defined as the practice of engineering under
Chapter 1001, unless the person holds a license under that chapter;
(B) regulated under Chapter 113, Natural
Resources Code, unless the person holds a license under that
chapter or is exempt by a rule adopted under that chapter; or
(C) defined as plumbing under Chapter 1301,
unless the person holds a license under that chapter;
(2) assist a person who is not a licensed air
conditioning and refrigeration master in the performance of air
conditioning and refrigeration maintenance work; or
(3) work with a person or entity that is not a licensed
air conditioning and refrigeration contracting company in the
performance of air conditioning and refrigeration maintenance
work.
SECTION 34. Chapter 1302, Occupations Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. AIR CONDITIONING AND REFRIGERATION TRAINEES
Sec. 1302.551. LICENSE REQUIRED. (a) A person may not act
or offer to act as an air conditioning and refrigeration trainee
unless the person is licensed under this subchapter.
(b) An air conditioning and refrigeration trainee license
is valid throughout the state.
Sec. 1302.552. SUPERVISION REQUIREMENTS FOR TRAINEES. An
air conditioning and refrigeration trainee must be supervised by an
air conditioning and refrigeration master licensed under this
chapter.
Sec. 1302.553. ELIGIBILITY REQUIREMENTS. (a) An
applicant for a license under this subchapter must be at least 18
years old.
(b) Practical experience or an examination is not required
for a trainee license.
Sec. 1302.554. APPLICATION; FEES. (a) An applicant for an
air conditioning and refrigeration trainee license must submit an
application on a form prescribed by the executive director.
(b) The completed application must be accompanied by the
required fees.
Sec. 1302.555. ISSUANCE AND TERM OF REGISTRATION. (a) The
department shall issue an air conditioning and refrigeration
trainee license to an applicant who:
(1) submits a verified application on a form
prescribed by the executive director;
(2) meets the requirements of this chapter and rules
adopted under this chapter; and
(3) pays the required fees.
(b) A license issued under this subchapter is valid for one
year from the date of issuance.
Sec. 1302.556. TEMPORARY LICENSE. The executive director
shall issue on request by an applicant a temporary license that
expires on the 21st day after the date of issuance to an applicant
who meets the qualifications for a temporary license under
commission rule.
Sec. 1302.557. LIMITATIONS ON LICENSE HOLDER. A person
licensed under this subchapter may not:
(1) perform, offer to perform, or attempt to perform
an act that is:
(A) defined as the practice of engineering under
Chapter 1001, unless the person holds a license under that chapter;
(B) regulated under Chapter 113, Natural
Resources Code, unless the person holds a license under that
chapter or is exempt by a rule adopted under that chapter; or
(C) defined as plumbing under Chapter 1301,
unless the person holds a license under that chapter;
(2) assist a person who is not a licensed air
conditioning and refrigeration master in the performance of air
conditioning and refrigeration maintenance work; or
(3) work with a person or entity that is not a licensed
air conditioning and refrigeration contracting company in the
performance of air conditioning and refrigeration maintenance
work.
SECTION 35. Chapter 1302, Occupations Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. AIR CONDITIONING AND REFRIGERATION CONTRACTING
COMPANY LICENSE REQUIREMENTS
Sec. 1302.601. LICENSE REQUIRED. (a) A person or entity
may not operate an air conditioning and refrigeration contracting
company unless the person or entity holds a contracting company
license issued under this subchapter or Subchapter G.
(b) An air conditioning and refrigeration contracting
company license issued under this subchapter is valid throughout
the state.
Sec. 1302.602. REQUIREMENTS FOR AIR CONDITIONING AND
REFRIGERATION CONTRACTING COMPANY. (a) An air conditioning and
refrigeration contracting company must employ full-time in each
permanent office a licensed air conditioning and refrigeration
master who holds an appropriate license assigned to that
contracting company.
(b) An air conditioning and refrigeration contracting
company may engage in air conditioning and refrigeration
contracting within the scope of the license of the air conditioning
and refrigeration master assigned to that contracting company.
(c) An air conditioning and refrigeration contracting
company may subcontract a portion of a job that requires another
professional or occupational license only to a person or entity
that holds the required license.
(d) An air conditioning and refrigeration contracting
company that does not hold a contracting company license or does not
employ a licensed air conditioning and refrigeration master as
required by Subsection (a) at the time a contract for air
conditioning and refrigeration contracting services is signed and
at the time the services are performed may not collect a fee from a
customer or otherwise enforce the contract against a customer.
(e) An air conditioning and refrigeration contracting
company must maintain insurance at all times as required by the
commission by rule.
Sec. 1302.603. APPLICATION; FEE. (a) An applicant for an
air conditioning and refrigeration contracting company license
must submit an application on a form prescribed by the executive
director.
(b) The completed application must be accompanied by the
appropriate fees.
(c) An applicant for an air conditioning and refrigeration
contracting company license shall provide evidence of insurance
coverage as required by the commission by rule.
Sec. 1302.604. ISSUANCE AND TERM OF AIR CONDITIONING AND
REFRIGERATION CONTRACTING COMPANY LICENSE. (a) The department
shall issue an air conditioning and refrigeration contracting
company license to an applicant that:
(1) submits a verified application;
(2) passes the applicable examination;
(3) meets the requirements of this chapter and rules
adopted under this chapter; and
(4) pays the required fees.
(b) A license issued under this subchapter expires on the
first anniversary of the date of issuance.
Sec. 1302.605. TEMPORARY LICENSE. The commission by rule
may provide for the issuance of a temporary air conditioning and
refrigeration contracting company license to an applicant that:
(1) submits to the executive director an application
on a form prescribed by the executive director; and
(2) pays the required fees.
Sec. 1302.606. LIMITATIONS ON LICENSE HOLDER. A person or
entity licensed under this subchapter may not:
(1) perform, offer to perform, or attempt to perform
an act that is:
(A) defined as the practice of engineering under
Chapter 1001, unless the person holds a license under that chapter;
(B) regulated under Chapter 113, Natural
Resources Code, unless the person holds a license under that
chapter or is exempt by a rule adopted under that chapter; or
(C) defined as plumbing under Chapter 1301,
unless the person holds a license under that chapter; or
(2) use the services of a person who is not a licensed
air conditioning and refrigeration master, a licensed air
conditioning and refrigeration technician, or a licensed air
conditioning and refrigeration trainee to engage in air
conditioning and refrigeration contracting or air conditioning and
refrigeration maintenance work.
SECTION 36. The following sections of the Occupations Code
are repealed:
(1) Subdivisions (5-b) and (17), Section 1302.002;
(2) Section 1302.062;
(3) Section 1302.106;
(4) Section 1302.209;
(5) Subsections (c) and (d), Section 1302.257;
(6) Section 1302.261;
(7) Section 1302.502;
(8) Section 1302.506;
(9) Section 1302.507; and
(10) Section 1302.508.
SECTION 37. (a) Not later than February 1, 2012, the Texas
Commission of Licensing and Regulation shall adopt rules to
implement Chapter 1302, Occupations Code, as amended by this Act.
(b) The Texas Commission of Licensing and Regulation shall
adopt rules to convert and renew an air conditioning and
refrigeration contractor license issued before March 1, 2012, to an
air conditioning and refrigeration master license without imposing
the additional eligibility requirements under Chapter 1302,
Occupations Code, as amended by this Act.
(c) The Texas Commission of Licensing and Regulation shall
adopt rules to convert and renew an air conditioning and
refrigeration registration or certification issued before March 1,
2012, to an air conditioning and refrigeration technician license
without imposing the additional eligibility requirements under
Chapter 1302, Occupations Code, as amended by this Act.
(d) Chapter 1302, Occupations Code, as amended by this Act,
applies only to an application for a license under that chapter
submitted to the Texas Department of Licensing and Regulation on or
after March 1, 2012. An application for a license, registration, or
certification submitted under that chapter before that date is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 38. (a) Except as provided by Subsection (b) of
this section, this Act takes effect March 1, 2012.
(b) Section 37 of this Act takes effect September 1, 2011.