Texas 2009 - 81st Regular

Texas Senate Bill SB2373 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10230 NC-F
2	2	By: Van de Putte S.B. No. 2373
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of certain journeyman and
8	8	apprentice sheet metal workers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1302.002, Occupations Code, is amended
11	11	by adding Subdivisions (5-c) and (6-a) to read as follows:
12	12	(5-c) "Commercial heating, ventilation, and
13	13	air-conditioning system" means all heating, ventilation, and
14	14	air-conditioning projects other than those installed in:
15	15	(A) a residential single-family dwelling; or
16	16	(B) a townhome consisting of not more than three
17	17	stories.
18	18	(6-a) "Commercial sheet metal work" means the forming,
19	19	assembling, sealing, internal insulating, sorting, sectioning,
20	20	installing, testing, and servicing of all ductwork on a job site,
21	21	regardless of the materials used, and the connection to related
22	22	appurtenances, other than equipment with coils and ductwork located
23	23	within five feet of an air-handling unit, that is associated with
24	24	the installation of an environmentally sound, energy-efficient
25	25	commercial heating, ventilation, and air-conditioning system that
26	26	protects the health and safety of the users of the system.
27	27	SECTION 2. Section 1302.263, Occupations Code, is amended
28	28	to read as follows:
29	29	Sec. 1302.263. LIMITATIONS [LIMITATION] ON LICENSE HOLDER
30	30	OR REGISTERED TECHNICIAN. (a) A person licensed under this
31	31	chapter may not:
32	32	(1) perform or offer or attempt to perform an act,
33	33	service, or function that is:
34	34	(A) defined as the practice of engineering under
35	35	Chapter 1001, unless the person holds a license under that chapter;
36	36	(B) regulated under Chapter 113, Natural
37	37	Resources Code, unless the person holds a license or is exempt by
38	38	rule under that chapter; or
39	39	(C) defined as plumbing under Chapter 1301,
40	40	unless the person holds a license under that chapter; or
41	41	(2) use the services of a person who is not a
42	42	registered technician or a licensed air conditioning and
43	43	refrigeration contractor to assist in the performance of air
44	44	conditioning and refrigeration maintenance work.
45	45	(b) A person licensed under this chapter may not use the
46	46	services of another person to perform commercial sheet metal work
47	47	unless the person performing the work holds a license issued under
48	48	Subchapter L.
49	49	SECTION 3. Chapter 1302, Occupations Code, is amended by
50	50	adding Subchapter L to read as follows:
51	51	SUBCHAPTER L. SHEET METAL WORKERS
52	52	Sec. 1302.551. LICENSE REQUIRED; EXCEPTIONS. (a) Except
53	53	as provided by Subsection (b), a person may not perform commercial
54	54	sheet metal work in this state unless the person holds an
55	55	appropriate license issued or recognized under this subchapter.
56	56	(b) This section does not apply to a Class A or Class B
57	57	license holder under Subchapter F.
58	58	Sec. 1302.552. APPLICATION REQUIREMENTS. An applicant for
59	59	a license under this subchapter must:
60	60	(1) submit to the department:
61	61	(A) a completed application on a form prescribed
62	62	by the executive director; and
63	63	(B) any other information required under this
64	64	subchapter;
65	65	(2) demonstrate to the satisfaction of the department
66	66	that the applicant has the appropriate amount of commercial sheet
67	67	metal work experience required under this subchapter; and
68	68	(3) pay the applicable license application fees and
69	69	examination fees.
70	70	Sec. 1302.553. CONSIDERATION OF CRIMINAL HISTORY FOR
71	71	LICENSE APPLICATIONS AND RENEWALS. The department may consider any
72	72	criminal conviction, guilty plea, or deferred adjudication of an
73	73	applicant or a person renewing a license and may obtain any criminal
74	74	history record information permitted by law.
75	75	Sec. 1302.554. JOURNEYMAN SHEET METAL LICENSE. An
76	76	applicant for a journeyman sheet metal license must:
77	77	(1) certify to the executive director that the
78	78	applicant has been employed at least 8,000 hours in the performance
79	79	of commercial sheet metal work while:
80	80	(A) registered in a training program
81	81	administered by the Bureau of Apprenticeship and Training, United
82	82	States Department of Labor, or any other training program
83	83	recognized by the department; or
84	84	(B) receiving on-the-job training under the
85	85	supervision of a contractor licensed under Subchapter F;
86	86	(2) pass a journeyman sheet metal license examination
87	87	administered under this subchapter; and
88	88	(3) pay the application and examination fee required
89	89	under this subchapter.
90	90	Sec. 1302.555. APPRENTICE SHEET METAL LICENSE. An
91	91	applicant for an apprentice sheet metal license must:
92	92	(1) be engaged in the process of learning and
93	93	assisting in commercial sheet metal work while:
94	94	(A) registered in a training program
95	95	administered by the Bureau of Apprenticeship and Training, United
96	96	States Department of Labor, or any other training program
97	97	recognized by the department; or
98	98	(B) receiving on-the-job training under the
99	99	supervision of a contractor licensed under Subchapter F; and
100	100	(2) pay the application fee required under this
101	101	subchapter.
102	102	Sec. 1302.556. EXAMINATION. (a) A journeyman sheet metal
103	103	license examination required under this subchapter shall be
104	104	conducted throughout the state.
105	105	(b) The department shall accept, develop, or contract for an
106	106	examination required under this subchapter, including the
107	107	administration of the examination.
108	108	(c) An examination may require an applicant to demonstrate a
109	109	working knowledge of:
110	110	(1) the International Mechanical Code;
111	111	(2) the Uniform Mechanical Code;
112	112	(3) the Sheet Metal and Air Conditioning Contractor's
113	113	National Association's duct standards;
114	114	(4) the rules and standards of the Occupational Safety
115	115	and Health Administration and the National Fire Protection
116	116	Association;
117	117	(5) indoor air quality standards;
118	118	(6) the testing, adjusting, and balancing of
119	119	commercial heating, ventilation, and air-conditioning systems;
120	120	(7) the reading of blueprints and specifications; and
121	121	(8) the laws, rules, and codes governing commercial
122	122	heating, ventilation, and air-conditioning systems.
123	123	(d) The executive director shall determine uniform
124	124	standards for acceptable performance on the examinations.
125	125	Sec. 1302.557. VALIDITY OF LICENSE. A license issued under
126	126	this subchapter is valid throughout this state.
127	127	Sec. 1302.558. LICENSE TERM AND RENEWAL. A license issued
128	128	under this subchapter is valid for one year from the date of
129	129	issuance and is renewable on the anniversary of the date of issuance
130	130	on payment of the applicable renewal fee and satisfaction of any
131	131	renewal requirements adopted by the commission.
132	132	Sec. 1302.559. CONTINUING EDUCATION. A journeyman or
133	133	apprentice sheet metal license holder must complete six hours of
134	134	continuing education courses on the laws, rules, and codes
135	135	governing commercial heating, ventilation, and air-conditioning
136	136	systems to be eligible to renew a license issued under this
137	137	subchapter.
138	138	SECTION 4. (a) Not later than January 1, 2010, the Texas
139	139	Commission of Licensing and Regulation shall adopt rules,
140	140	procedures, and fees under Subchapter L, Chapter 1302, Occupations
141	141	Code, as added by this Act, including rules regarding the initial
142	142	date that a license will be required under Subchapter L for a person
143	143	to perform commercial sheet metal work.
144	144	(b) Notwithstanding Section 1302.263, Occupations Code, as
145	145	amended by this Act, and Section 1302.551, Occupations Code, as
146	146	added by this Act, a person is not required to hold a license under
147	147	Subchapter L, Chapter 1302, Occupations Code, as added by this Act,
148	148	to perform commercial sheet metal work before September 1, 2010.
149	149	SECTION 5. This Act takes effect September 1, 2009.