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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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82R28214 SLB-F
By: Carona S.B. No. 1244
(Hamilton)
Substitute the following for S.B. No. 1244: No.

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. Section 1302.002, Occupations Code, is amended
by amending Subdivision (5-b) and adding Subdivision (5-c) to read
as follows:
(5-b) "Apprenticeship program" means an air
conditioning and refrigeration training program that is:
(A) recognized by the Texas Workforce Commission
or the Texas Higher Education Coordinating Board;
(B) registered with the United States Department
of Labor; or
(C) a competency-based standardized craft
training program that meets the standards of the United States
Department of Labor Office of Apprenticeship.
(5-c) "Certified technician" means a registered
technician who has completed a certification examination.
SECTION 2. Subchapter C, Chapter 1302, Occupations Code, is
amended by adding Section 1302.1011 to read as follows:
Sec. 1302.1011. RULES. The commission shall adopt rules:
(1) providing for the licensing and registration of
persons under this chapter, including requirements for the issuance
and renewal of a contractor license and a technician registration;
(2) establishing fees necessary for the
administration of this chapter, including fees for issuance and
renewal of a contractor license and a technician registration; and
(3) implementing the requirements of this chapter as
applicable to persons, entities, and activities regulated under
this chapter.
SECTION 3. Subsection (a), Section 1302.102, Occupations
Code, is amended to read as follows:
(a) The commission by rule [executive director] shall set
insurance requirements for a license holder under this chapter.
SECTION 4. 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 5. 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 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 contractor who employs organized labor [and at least
two appointed members must be air conditioning and refrigeration
contractors who are licensed engineers].
SECTION 6. The heading to Subchapter F, Chapter 1302,
Occupations Code, is amended to read as follows:
SUBCHAPTER F. AIR CONDITIONING AND REFRIGERATION CONTRACTORS
[LICENSE REQUIREMENTS]
SECTION 7. 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 contractor [a]
license under this subchapter or Subchapter G.
(b) An air conditioning and refrigeration contractor [A]
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.
(c) A person holding an air conditioning and refrigeration
contractor license may assign that license to only one permanent
office of one air conditioning and refrigeration contracting
company.
SECTION 8. 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 at least 48 [36] months of practical
experience in air conditioning and refrigeration-related work
under the supervision of a licensed air conditioning and
refrigeration contractor [with the tools of the trade] in the
preceding 72 months [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
apprenticeship program 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 48-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 9. Subsections (a) and (c), Section 1302.256,
Occupations Code, are amended to read as follows:
(a) An applicant for an air conditioning and refrigeration
contractor [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 [1302.255(a)(2)]; and
(2) the required fees [examination fee].
SECTION 10. 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 11. 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 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];
(4) pays the required fees; and
(5) [(2)] provides evidence of insurance coverage
required by rule [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 12. Section 1302.263, Occupations Code, is amended
to read as follows:
Sec. 1302.263. LIMITATION ON LICENSE HOLDER [OR REGISTERED
TECHNICIAN]. A person licensed as a contractor 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 contractor to assist in the performance of air
conditioning and refrigeration maintenance work.
SECTION 13. 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 contractor
license or technician registration 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 14. Section 1302.501, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) An air conditioning and refrigeration technician [A]
registration is valid throughout the state.
(c) A person is not required to obtain an air conditioning
and refrigeration technician registration if the person only
assists a licensed contractor in performing:
(1) the total replacement of a system; or
(2) the installation or repair of a boiler or pressure
vessel that must be installed in accordance with rules adopted
under Chapter 755, Health and Safety Code.
SECTION 15. 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 technician registration under this subchapter must
be at least 18 years old.
(b) An applicant for a technician registration is not
required to have practical experience or to take an examination to
obtain the registration.
SECTION 16. 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 registration must
submit a verified [an] application on a form prescribed by the
executive director [commission].
(b) The completed application must be accompanied by the
required fees [application fee].
SECTION 17. 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 registration to an applicant who:
(1) submits a verified application;
(2) meets the requirements of this chapter and rules
adopted under this chapter; and
(3) 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 registration issued under this subchapter is valid for
one year from the date of issuance.
SECTION 18. Subchapter K, Chapter 1302, Occupations Code,
is amended by adding Section 1302.509 to read as follows:
Sec. 1302.509. LIMITATIONS ON REGISTRANT. A person
registered 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) assist a person who is not a licensed air
conditioning and refrigeration contractor in the performance of air
conditioning and refrigeration maintenance work.
SECTION 19. The following sections of the Occupations Code
are repealed:
(1) Section 1302.062;
(2) Section 1302.106;
(3) Section 1302.209;
(4) Subsections (c) and (d), Section 1302.257;
(5) Section 1302.502; and
(6) Section 1302.507.
SECTION 20. (a) Not later than March 1, 2012, the Texas
Commission of Licensing and Regulation shall adopt rules to
implement Chapter 1302, Occupations Code, as amended by this Act.
(b) Section 1302.255, Occupations Code, as amended by this
Act, applies only to an application for a license or registration
under that section submitted to the Texas Department of Licensing
and Regulation on or after November 1, 2012. An application for a
license, registration, or certification submitted under that
section 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 21. This Act takes effect September 1, 2011.