By: Kuempel (Senate Sponsor - Eltife) H.B. No. 1503
(In the Senate - Received from the House April 29, 2013;
April 30, 2013, read first time and referred to Committee on
Business and Commerce; May 14, 2013, reported favorably by the
following vote: Yeas 9, Nays 0; May 14, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of building contractors to certain
trade advisory boards of the Texas Department of Licensing and
Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1302.201, Occupations Code, is amended
to read as follows:
Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air
conditioning and refrigeration contractors advisory board consists
of nine [seven] members appointed by the presiding officer of the
commission, with the commission's approval, and two ex officio
nonvoting members. One member of the advisory board must be a
public member.
SECTION 2. Section 1302.202(a), Occupations Code, is
amended to read as follows:
(a) Except for the public member and the building contractor
member, 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 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) five [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; and
(E) one member who holds a license of any
classification under this chapter, is principally engaged in air
conditioning and refrigeration contracting, and practices in a
municipality; and
(4) one must be a building contractor who is
principally engaged in home construction and is a member of a
statewide building trade association.
SECTION 3. Section 1305.051(b), Occupations Code, is
amended to read as follows:
(b) The advisory board members must include:
(1) two members who are affiliated with a statewide
association of electrical contractors not affiliated with a labor
organization;
(2) three members who are affiliated with a labor
organization;
(3) one member who is not affiliated with a statewide
association of electrical contractors or with a labor organization;
[and]
(4) one member who is affiliated with a historically
underutilized business, as that term is defined by Section
2161.001, Government Code; and
(5) one public member who is a building contractor
principally engaged in home construction and is a member of a
statewide building trade association.
SECTION 4. (a) Not later than December 1, 2013, the
presiding officer of the Texas Commission of Licensing and
Regulation, with the commission's approval, shall appoint the
additional board members described by Section 1302.202,
Occupations Code, as amended by this Act, to the air conditioning
and refrigeration contractors advisory board.
(b) The change in law made by this Act to Section
1305.051(b), Occupations Code, regarding the qualifications of
members of the electrical safety and licensing advisory board does
not affect the entitlement of a member serving on the board
immediately before the effective date of this Act to continue to
serve for the remainder of the member's term. As terms on the board
expire, the presiding officer of the Texas Commission of Licensing
and Regulation shall appoint members that reflect the requirements
of Section 1305.051(b), Occupations Code, as amended by this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
* * * * *