81R10230 NC-F
By: Van de Putte S.B. No. 2373
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain journeyman and
apprentice sheet metal workers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1302.002, Occupations Code, is amended
by adding Subdivisions (5-c) and (6-a) to read as follows:
(5-c) "Commercial heating, ventilation, and
air-conditioning system" means all heating, ventilation, and
air-conditioning projects other than those installed in:
(A) a residential single-family dwelling; or
(B) a townhome consisting of not more than three
stories.
(6-a) "Commercial sheet metal work" means the forming,
assembling, sealing, internal insulating, sorting, sectioning,
installing, testing, and servicing of all ductwork on a job site,
regardless of the materials used, and the connection to related
appurtenances, other than equipment with coils and ductwork located
within five feet of an air-handling unit, that is associated with
the installation of an environmentally sound, energy-efficient
commercial heating, ventilation, and air-conditioning system that
protects the health and safety of the users of the system.
SECTION 2. Section 1302.263, Occupations Code, is amended
to read as follows:
Sec. 1302.263. LIMITATIONS [LIMITATION] ON LICENSE HOLDER
OR REGISTERED TECHNICIAN. (a) A person licensed under this
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.
(b) A person licensed under this chapter may not use the
services of another person to perform commercial sheet metal work
unless the person performing the work holds a license issued under
Subchapter L.
SECTION 3. Chapter 1302, Occupations Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. SHEET METAL WORKERS
Sec. 1302.551. LICENSE REQUIRED; EXCEPTIONS. (a) Except
as provided by Subsection (b), a person may not perform commercial
sheet metal work in this state unless the person holds an
appropriate license issued or recognized under this subchapter.
(b) This section does not apply to a Class A or Class B
license holder under Subchapter F.
Sec. 1302.552. APPLICATION REQUIREMENTS. An applicant for
a license under this subchapter must:
(1) submit to the department:
(A) a completed application on a form prescribed
by the executive director; and
(B) any other information required under this
subchapter;
(2) demonstrate to the satisfaction of the department
that the applicant has the appropriate amount of commercial sheet
metal work experience required under this subchapter; and
(3) pay the applicable license application fees and
examination fees.
Sec. 1302.553. CONSIDERATION OF CRIMINAL HISTORY FOR
LICENSE APPLICATIONS AND RENEWALS. The department may consider any
criminal conviction, guilty plea, or deferred adjudication of an
applicant or a person renewing a license and may obtain any criminal
history record information permitted by law.
Sec. 1302.554. JOURNEYMAN SHEET METAL LICENSE. An
applicant for a journeyman sheet metal license must:
(1) certify to the executive director that the
applicant has been employed at least 8,000 hours in the performance
of commercial sheet metal work while:
(A) registered in a training program
administered by the Bureau of Apprenticeship and Training, United
States Department of Labor, or any other training program
recognized by the department; or
(B) receiving on-the-job training under the
supervision of a contractor licensed under Subchapter F;
(2) pass a journeyman sheet metal license examination
administered under this subchapter; and
(3) pay the application and examination fee required
under this subchapter.
Sec. 1302.555. APPRENTICE SHEET METAL LICENSE. An
applicant for an apprentice sheet metal license must:
(1) be engaged in the process of learning and
assisting in commercial sheet metal work while:
(A) registered in a training program
administered by the Bureau of Apprenticeship and Training, United
States Department of Labor, or any other training program
recognized by the department; or
(B) receiving on-the-job training under the
supervision of a contractor licensed under Subchapter F; and
(2) pay the application fee required under this
subchapter.
Sec. 1302.556. EXAMINATION. (a) A journeyman sheet metal
license examination required under this subchapter shall be
conducted throughout the state.
(b) The department shall accept, develop, or contract for an
examination required under this subchapter, including the
administration of the examination.
(c) An examination may require an applicant to demonstrate a
working knowledge of:
(1) the International Mechanical Code;
(2) the Uniform Mechanical Code;
(3) the Sheet Metal and Air Conditioning Contractor's
National Association's duct standards;
(4) the rules and standards of the Occupational Safety
and Health Administration and the National Fire Protection
Association;
(5) indoor air quality standards;
(6) the testing, adjusting, and balancing of
commercial heating, ventilation, and air-conditioning systems;
(7) the reading of blueprints and specifications; and
(8) the laws, rules, and codes governing commercial
heating, ventilation, and air-conditioning systems.
(d) The executive director shall determine uniform
standards for acceptable performance on the examinations.
Sec. 1302.557. VALIDITY OF LICENSE. A license issued under
this subchapter is valid throughout this state.
Sec. 1302.558. LICENSE TERM AND RENEWAL. A license issued
under this subchapter is valid for one year from the date of
issuance and is renewable on the anniversary of the date of issuance
on payment of the applicable renewal fee and satisfaction of any
renewal requirements adopted by the commission.
Sec. 1302.559. CONTINUING EDUCATION. A journeyman or
apprentice sheet metal license holder must complete six hours of
continuing education courses on the laws, rules, and codes
governing commercial heating, ventilation, and air-conditioning
systems to be eligible to renew a license issued under this
subchapter.
SECTION 4. (a) Not later than January 1, 2010, the Texas
Commission of Licensing and Regulation shall adopt rules,
procedures, and fees under Subchapter L, Chapter 1302, Occupations
Code, as added by this Act, including rules regarding the initial
date that a license will be required under Subchapter L for a person
to perform commercial sheet metal work.
(b) Notwithstanding Section 1302.263, Occupations Code, as
amended by this Act, and Section 1302.551, Occupations Code, as
added by this Act, a person is not required to hold a license under
Subchapter L, Chapter 1302, Occupations Code, as added by this Act,
to perform commercial sheet metal work before September 1, 2010.
SECTION 5. This Act takes effect September 1, 2009.