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Texas Senate Bill SB1244

Texas 2011 - 82nd Regular

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11 82R28214 SLB-F
22 By: Carona S.B. No. 1244
33 (Hamilton)
44 Substitute the following for S.B. No. 1244: No.
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the licensing and regulation of air conditioning and
1010 refrigeration contractors and contracting companies; providing
1111 penalties.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 1302.002, Occupations Code, is amended
1414 by amending Subdivision (5-b) and adding Subdivision (5-c) to read
1515 as follows:
1616 (5-b) "Apprenticeship program" means an air
1717 conditioning and refrigeration training program that is:
1818 (A) recognized by the Texas Workforce Commission
1919 or the Texas Higher Education Coordinating Board;
2020 (B) registered with the United States Department
2121 of Labor; or
2222 (C) a competency-based standardized craft
2323 training program that meets the standards of the United States
2424 Department of Labor Office of Apprenticeship.
2525 (5-c) "Certified technician" means a registered
2626 technician who has completed a certification examination.
2727 SECTION 2. Subchapter C, Chapter 1302, Occupations Code, is
2828 amended by adding Section 1302.1011 to read as follows:
2929 Sec. 1302.1011. RULES. The commission shall adopt rules:
3030 (1) providing for the licensing and registration of
3131 persons under this chapter, including requirements for the issuance
3232 and renewal of a contractor license and a technician registration;
3333 (2) establishing fees necessary for the
3434 administration of this chapter, including fees for issuance and
3535 renewal of a contractor license and a technician registration; and
3636 (3) implementing the requirements of this chapter as
3737 applicable to persons, entities, and activities regulated under
3838 this chapter.
3939 SECTION 3. Subsection (a), Section 1302.102, Occupations
4040 Code, is amended to read as follows:
4141 (a) The commission by rule [executive director] shall set
4242 insurance requirements for a license holder under this chapter.
4343 SECTION 4. Section 1302.105, Occupations Code, is amended
4444 to read as follows:
4545 Sec. 1302.105. PERSONNEL[; EXAMINERS]. [(a)] The
4646 department may employ personnel necessary to administer this
4747 chapter.
4848 [(b) The department shall employ at least two full-time air
4949 conditioning and refrigeration contractors to serve as examiners.]
5050 SECTION 5. Section 1302.202, Occupations Code, is amended
5151 to read as follows:
5252 Sec. 1302.202. APPOINTED MEMBERS. (a) Except for the
5353 public member, each [Each] appointed advisory board member must be
5454 experienced in the design, installation, construction,
5555 maintenance, service, repair, or modification of equipment used for
5656 environmental air conditioning, commercial refrigeration, or
5757 process cooling or heating. Other than the public member, of [Of]
5858 the appointed members:
5959 (1) one must be an official of a municipality with a
6060 population of more than 250,000;
6161 (2) one must be an official of a municipality with a
6262 population of not more than 250,000; and
6363 (3) four must be full-time licensed air conditioning
6464 and refrigeration contractors, as follows:
6565 (A) one member who holds a Class A license and
6666 practices in a municipality with a population of more than 250,000;
6767 (B) one member who holds a Class B license and
6868 practices in a municipality with a population of more than 250,000;
6969 (C) one member who holds a Class A license and
7070 practices in a municipality with a population of more than 25,000
7171 but not more than 250,000; and
7272 (D) one member who holds a Class B license and
7373 practices in a municipality with a population of not more than
7474 25,000.
7575 (b) At least one [appointed] advisory board member
7676 appointed under Subsection (a)(3) must be an air conditioning and
7777 refrigeration contractor who employs organized labor [and at least
7878 two appointed members must be air conditioning and refrigeration
7979 contractors who are licensed engineers].
8080 SECTION 6. The heading to Subchapter F, Chapter 1302,
8181 Occupations Code, is amended to read as follows:
8282 SUBCHAPTER F. AIR CONDITIONING AND REFRIGERATION CONTRACTORS
8383 [LICENSE REQUIREMENTS]
8484 SECTION 7. Section 1302.251, Occupations Code, is amended
8585 to read as follows:
8686 Sec. 1302.251. LICENSE REQUIRED. (a) A person may not
8787 engage in air conditioning and refrigeration contracting unless the
8888 person holds an air conditioning and refrigeration contractor [a]
8989 license under this subchapter or Subchapter G.
9090 (b) An air conditioning and refrigeration contractor [A]
9191 license issued under this subchapter is valid throughout the state.
9292 A person who holds a license issued under this subchapter is not
9393 required to hold a municipal license under Subchapter G to engage in
9494 air conditioning and refrigeration contracting in any municipality
9595 in this state.
9696 (c) A person holding an air conditioning and refrigeration
9797 contractor license may assign that license to only one permanent
9898 office of one air conditioning and refrigeration contracting
9999 company.
100100 SECTION 8. Section 1302.255, Occupations Code, is amended
101101 to read as follows:
102102 Sec. 1302.255. ELIGIBILITY REQUIREMENTS. (a) An applicant
103103 for a license under this subchapter [chapter] must:
104104 (1) be at least 18 years old; and
105105 (2) have at least 48 [36] months of practical
106106 experience in air conditioning and refrigeration-related work
107107 under the supervision of a licensed air conditioning and
108108 refrigeration contractor [with the tools of the trade] in the
109109 preceding 72 months [five years].
110110 (a-1) An applicant who has equivalent experience in another
111111 state or who held an equivalent license in another state may receive
112112 credit for the experience as determined by the executive director.
113113 (b) Notwithstanding the requirements of [For purposes of
114114 determining an applicant's practical experience under] Subsection
115115 (a)(2), an applicant may satisfy a portion of the practical
116116 experience requirement as provided by Subsection (c).
117117 (c) An applicant who obtains a degree or diploma or
118118 completes a certification program from an institution of higher
119119 education that holds a certificate of authority issued by the Texas
120120 Higher Education Coordinating Board, or an equivalent governing
121121 body in another state as approved by the executive director, may
122122 satisfy a portion of the practical experience requirement as
123123 follows:
124124 (1) completing a four-year degree or diploma in air
125125 conditioning engineering or technology, refrigeration engineering
126126 or technology, or mechanical engineering is equivalent to 24 months
127127 [two years] of practical experience [if:
128128 [(1) the degree or diploma is from an institution of
129129 higher education]; [and]
130130 (2) completing a two-year associate's degree, a
131131 two-year diploma, or a two-year certification program primarily
132132 focused on air conditioning and refrigeration-related work is
133133 equivalent to 12 months of practical experience;
134134 (3) completing a one-year certification program, or a
135135 program of at least two semesters, in air conditioning and
136136 refrigeration-related work is equivalent to six months of practical
137137 experience; and
138138 (4) completing a program resulting in another
139139 applicable degree, diploma, or certification shall be equivalent to
140140 the amount of practical experience determined by the department
141141 under commission rule [the institution's program is approved by the
142142 Texas Board of Professional Engineers for the purpose of licensing
143143 engineers].
144144 (d) Every 2,000 hours of on-the-job training in an
145145 apprenticeship program is equivalent to 12 months of practical
146146 experience under Subsection (a)(2).
147147 (e) Notwithstanding the requirements of Subsection (a)(2),
148148 each of the following qualifies as practical experience for
149149 purposes of satisfying the 48-month requirement:
150150 (1) verified military service in which the person was
151151 trained in or performed air conditioning and refrigeration-related
152152 work as part of the person's military occupational specialty; and
153153 (2) experience performing air conditioning and
154154 refrigeration-related work as described by Section 1302.055,
155155 1302.056, or 1302.057 or while employed by a governmental entity.
156156 SECTION 9. Subsections (a) and (c), Section 1302.256,
157157 Occupations Code, are amended to read as follows:
158158 (a) An applicant for an air conditioning and refrigeration
159159 contractor [a] license must submit a verified application on a form
160160 prescribed by the executive director.
161161 (c) The application must be accompanied by:
162162 (1) a statement containing evidence satisfactory to
163163 the executive director of the applicant's practical experience
164164 required by Section 1302.255 [1302.255(a)(2)]; and
165165 (2) the required fees [examination fee].
166166 SECTION 10. Subsection (b), Section 1302.257, Occupations
167167 Code, is amended to read as follows:
168168 (b) The executive director shall prescribe the method and
169169 content of an examination administered under this subchapter
170170 [chapter] and shall set compliance requirements for the
171171 examination. To obtain an endorsement, an applicant must pass the
172172 examination for the endorsement.
173173 SECTION 11. Section 1302.260, Occupations Code, is amended
174174 to read as follows:
175175 Sec. 1302.260. ISSUANCE AND TERM OF LICENSE. (a) The
176176 department [On payment of the license fee, the executive director]
177177 shall issue an air conditioning and refrigeration contractor
178178 license to an applicant who:
179179 (1) submits a verified application;
180180 (2) passes the applicable examination;
181181 (3) meets the requirements of this chapter and rules
182182 adopted under this chapter [subchapter];
183183 (4) pays the required fees; and
184184 (5) [(2)] provides evidence of insurance coverage
185185 required by rule [the executive director] in accordance with this
186186 chapter[; and
187187 [(3) passes the applicable examination].
188188 (b) A license issued under this chapter expires on the first
189189 anniversary of the date of issuance [at the end of the license
190190 period set by the commission].
191191 SECTION 12. Section 1302.263, Occupations Code, is amended
192192 to read as follows:
193193 Sec. 1302.263. LIMITATION ON LICENSE HOLDER [OR REGISTERED
194194 TECHNICIAN]. A person licensed as a contractor under this
195195 subchapter [chapter] may not:
196196 (1) perform or offer or attempt to perform an act,
197197 service, or function that is:
198198 (A) defined as the practice of engineering under
199199 Chapter 1001, unless the person holds a license under that chapter;
200200 (B) regulated under Chapter 113, Natural
201201 Resources Code, unless the person holds a license or is exempt by
202202 rule under that chapter; or
203203 (C) defined as plumbing under Chapter 1301,
204204 unless the person holds a license under that chapter; or
205205 (2) use the services of a person who is not a
206206 registered technician or a licensed air conditioning and
207207 refrigeration contractor to assist in the performance of air
208208 conditioning and refrigeration maintenance work.
209209 SECTION 13. Subsection (a), Section 1302.453, Occupations
210210 Code, is amended to read as follows:
211211 (a) A person commits an offense if the person:
212212 (1) knowingly engages in air conditioning and
213213 refrigeration contracting without holding a license issued under
214214 this chapter; [or]
215215 (2) knowingly engages in air conditioning and
216216 refrigeration maintenance work without holding a contractor
217217 license or technician registration issued under this chapter; or
218218 (3) purchases a refrigerant or equipment containing a
219219 refrigerant in this state in violation of Section 1302.353,
220220 1302.355, or 1302.356.
221221 SECTION 14. Section 1302.501, Occupations Code, is amended
222222 by amending Subsection (b) and adding Subsection (c) to read as
223223 follows:
224224 (b) An air conditioning and refrigeration technician [A]
225225 registration is valid throughout the state.
226226 (c) A person is not required to obtain an air conditioning
227227 and refrigeration technician registration if the person only
228228 assists a licensed contractor in performing:
229229 (1) the total replacement of a system; or
230230 (2) the installation or repair of a boiler or pressure
231231 vessel that must be installed in accordance with rules adopted
232232 under Chapter 755, Health and Safety Code.
233233 SECTION 15. Subchapter K, Chapter 1302, Occupations Code,
234234 is amended by adding Section 1302.5035 to read as follows:
235235 Sec. 1302.5035. ELIGIBILITY REQUIREMENTS. (a) An
236236 applicant for a technician registration under this subchapter must
237237 be at least 18 years old.
238238 (b) An applicant for a technician registration is not
239239 required to have practical experience or to take an examination to
240240 obtain the registration.
241241 SECTION 16. Section 1302.504, Occupations Code, is amended
242242 to read as follows:
243243 Sec. 1302.504. APPLICATION; FEE. (a) An applicant for an
244244 air conditioning and refrigeration technician registration must
245245 submit a verified [an] application on a form prescribed by the
246246 executive director [commission].
247247 (b) The completed application must be accompanied by the
248248 required fees [application fee].
249249 SECTION 17. Section 1302.505, Occupations Code, is amended
250250 to read as follows:
251251 Sec. 1302.505. ISSUANCE AND TERM OF REGISTRATION. (a) The
252252 department shall issue an air conditioning and refrigeration
253253 technician registration to an applicant who:
254254 (1) submits a verified application;
255255 (2) meets the requirements of this chapter and rules
256256 adopted under this chapter; and
257257 (3) pays the required fees [On receipt of a completed
258258 application, the department shall register an applicant who meets
259259 the requirements of this subchapter].
260260 (b) A registration issued under this subchapter is valid for
261261 one year from the date of issuance.
262262 SECTION 18. Subchapter K, Chapter 1302, Occupations Code,
263263 is amended by adding Section 1302.509 to read as follows:
264264 Sec. 1302.509. LIMITATIONS ON REGISTRANT. A person
265265 registered under this subchapter may not:
266266 (1) perform, offer to perform, or attempt to perform
267267 an act that is:
268268 (A) defined as the practice of engineering under
269269 Chapter 1001, unless the person holds a license under that chapter;
270270 (B) regulated under Chapter 113, Natural
271271 Resources Code, unless the person holds a license under that
272272 chapter or is exempt by a rule adopted under that chapter; or
273273 (C) defined as plumbing under Chapter 1301,
274274 unless the person holds a license under that chapter; or
275275 (2) assist a person who is not a licensed air
276276 conditioning and refrigeration contractor in the performance of air
277277 conditioning and refrigeration maintenance work.
278278 SECTION 19. The following sections of the Occupations Code
279279 are repealed:
280280 (1) Section 1302.062;
281281 (2) Section 1302.106;
282282 (3) Section 1302.209;
283283 (4) Subsections (c) and (d), Section 1302.257;
284284 (5) Section 1302.502; and
285285 (6) Section 1302.507.
286286 SECTION 20. (a) Not later than March 1, 2012, the Texas
287287 Commission of Licensing and Regulation shall adopt rules to
288288 implement Chapter 1302, Occupations Code, as amended by this Act.
289289 (b) Section 1302.255, Occupations Code, as amended by this
290290 Act, applies only to an application for a license or registration
291291 under that section submitted to the Texas Department of Licensing
292292 and Regulation on or after November 1, 2012. An application for a
293293 license, registration, or certification submitted under that
294294 section before that date is governed by the law in effect on the
295295 date the application was submitted, and the former law is continued
296296 in effect for that purpose.
297297 SECTION 21. This Act takes effect September 1, 2011.