82R1708 NC-F
By: Walle H.B. No. 432
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of air conditioning and
refrigeration contractors and technicians; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1302.002, Occupations Code, is amended
by amending Subdivisions (5-a), (5-b), and (17) and adding
Subdivision (5-c) to read as follows:
(5-a) "Air conditioning and refrigeration technician"
means a person who performs air conditioning and refrigeration
maintenance or installation work under the supervision of [assists]
a licensed air conditioning and refrigeration contractor [in
performing air conditioning and refrigeration maintenance work].
(5-b) "Air conditioning and refrigeration trainee"
means a person who performs air conditioning and refrigeration
maintenance or installation work under the supervision of a
licensed air conditioning and refrigeration technician or
contractor.
(5-c) "Certified technician" means a licensed
[registered] technician who has completed a certification
examination.
(17) "Registered trainee [technician]" means an air
conditioning and refrigeration trainee [technician] who is
registered with the department.
SECTION 2. Section 1302.251, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(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.
(a-1) A person may not act as an air conditioning and
refrigeration technician unless the person holds an air
conditioning and refrigeration technician license under this
subchapter.
SECTION 3. The heading to Section 1302.253, Occupations
Code, is amended to read as follows:
Sec. 1302.253. CONTRACTOR LICENSE CLASSIFICATIONS.
SECTION 4. Subchapter F, Chapter 1302, Occupations Code, is
amended by adding Section 1302.2541 to read as follows:
Sec. 1302.2541. TECHNICIAN LICENSE: SCOPE OF WORK. An air
conditioning and refrigeration technician license entitles the
license holder to engage in the installation, construction, repair,
maintenance, or modification of an environmental air conditioning
system, a commercial refrigeration system, or a process cooling or
heating system under the supervision of a licensed air conditioning
and refrigeration contractor.
SECTION 5. Section 1302.255, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) An applicant for an air conditioning and refrigeration
contractor [a] license under this chapter must:
(1) be at least 18 years old; and
(2) have at least 36 months of practical experience
with the tools of the trade in the preceding five years.
(c) An applicant for an air conditioning and refrigeration
technician license must:
(1) be at least 18 years old; and
(2) have at least 6,000 hours of experience as a
registered trainee working under the supervision of a licensed air
conditioning and refrigeration contractor or technician.
SECTION 6. Section 1302.256(c), Occupations Code, is
amended to read as follows:
(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) or (c)(2), as appropriate; and
(2) the examination fee.
SECTION 7. Section 1302.257(a), Occupations Code, is
amended to read as follows:
(a) The executive director shall prescribe:
(1) a separate examination for each class or type of
license; and
(2) within each class of license, a separate
examination for:
(A) an environmental air conditioning
endorsement; and
(B) a commercial refrigeration and process
cooling or heating endorsement.
SECTION 8. Subchapter F, Chapter 1302, Occupations Code, is
amended by adding Section 1302.258 to read as follows:
Sec. 1302.258. CONTINUING EDUCATION. (a) To renew an air
conditioning and refrigeration technician license, the license
holder must complete six hours of continuing education.
(b) The commission by rule shall approve continuing
education courses that satisfy the requirements of this section.
The commission may adopt a fee for the administration of the
department's duties regarding continuing education.
SECTION 9. Section 1302.260, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) On payment of the license fee, the executive director
shall issue an air conditioning and refrigeration technician
license to an applicant who:
(1) meets the requirements of this subchapter; and
(2) passes the applicable examination.
SECTION 10. Section 1302.261, Occupations Code, is amended
to read as follows:
Sec. 1302.261. TEMPORARY LICENSE. The commission by rule
may provide for the issuance of a temporary air conditioning and
refrigeration contracting or technician license to an applicant
who:
(1) submits to the executive director an application
on a form prescribed by the executive director; and
(2) pays the required fees.
SECTION 11. Subchapter F, Chapter 1302, Occupations Code,
is amended by adding Section 1302.2611 to read as follows:
Sec. 1302.2611. RENEWAL OF TECHNICIAN LICENSE. To renew an
air conditioning and refrigeration technician license, a licensed
technician must:
(1) submit a renewal request on a form prescribed by
the executive director;
(2) comply with the continuing education requirements
established by the commission; and
(3) pay the required renewal fee.
SECTION 12. Section 1302.262(a), Occupations Code, is
amended to read as follows:
(a) A person who obtains an air conditioning and
refrigeration contractor [a] license under this subchapter shall
provide a notice to the municipal authority that enforces air
conditioning and refrigeration contracting regulations in the
municipality in which the person engages in air conditioning and
refrigeration contracting.
SECTION 13. 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 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 trainee [technician] or a licensed air conditioning and
refrigeration contractor or technician to assist in the performance
of air conditioning and refrigeration maintenance work.
SECTION 14. Subchapter F, Chapter 1302, Occupations Code,
is amended by adding Section 1302.264 to read as follows:
Sec. 1302.264. CERTIFIED TECHNICIAN APPLICATION. A
licensed technician may be certified by the department and use the
designation "certified technician" if the technician:
(1) completes an application for certification on a
form prescribed by the executive director;
(2) pays the application fee; and
(3) provides the department with proof that the
technician successfully completed a nationally recognized and
administered certification examination or another examination of
equal or greater difficulty approved by the department.
SECTION 15. Section 1302.453, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A person commits an offense if the person knowingly
acts or offers to act as an air conditioning and refrigeration
trainee without being registered as a trainee under this chapter.
SECTION 16. The heading to Subchapter K, Chapter 1302,
Occupations Code, is amended to read as follows:
SUBCHAPTER K. AIR CONDITIONING AND REFRIGERATION
REGISTERED TRAINEES [TECHNICIANS]
SECTION 17. Section 1302.501(a), Occupations Code, is
amended to read as follows:
(a) A person may not act or offer to act as an air
conditioning and refrigeration trainee [technician] unless the
person is registered under this subchapter.
SECTION 18. Section 1302.502, Occupations Code, is amended
to read as follows:
Sec. 1302.502. RULES. The executive director shall adopt
rules:
(1) providing for the registration of trainees
[technicians] as prescribed by this subchapter; and
(2) establishing fees for issuance and renewal of a
registration.
SECTION 19. Section 1302.503, Occupations Code, is amended
to read as follows:
Sec. 1302.503. SUPERVISION REQUIREMENTS FOR REGISTRANTS.
An air conditioning and refrigeration trainee [technician] must be
supervised by an air conditioning and refrigeration contractor or
technician licensed under this chapter.
SECTION 20. Section 1302.507, Occupations Code, is amended
to read as follows:
Sec. 1302.507. RENEWAL OF REGISTRATION. To renew a
registration, a registered trainee [technician] must:
(1) submit a renewal request on a form prescribed by
the executive director; and
(2) pay the required renewal fee.
SECTION 21. Sections 1302.062 and 1302.508, Occupations
Code, are repealed.
SECTION 22. (a) Not later than January 1, 2012, the Texas
Commission of Licensing and Regulation shall adopt the rules and
approve the programs necessary to implement the changes in law made
by this Act to Chapter 1302, Occupations Code.
(b) The changes in law made by this Act to the requirements
for issuance of a license, certification, or registration under
Chapter 1302, Occupations Code, apply only to an application
submitted for the issuance or renewal of a license, certification,
or registration under Chapter 1302, Occupations Code, on or after
January 1, 2012. An application submitted 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 23. (a) Except as provided by Subsection (b) of
this section, this Act takes effect January 1, 2012.
(b) Section 22(a) of this Act takes effect September 1,
2011.