83R9854 SLB-F
By: Walle H.B. No. 2173
A BILL TO BE ENTITLED
AN ACT
relating to the licensing of air conditioning and refrigeration
technicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1302.501, Occupations Code, is amended
to read as follows:
Sec. 1302.501. LICENSE [REGISTRATION] REQUIRED. (a) A
person may not act or offer to act as an air conditioning and
refrigeration technician unless the person is licensed
[registered] under this subchapter.
(b) An air conditioning and refrigeration technician
license [registration] is valid throughout the state.
(c) A person is not required to obtain an air conditioning
and refrigeration technician license [registration] if the person
only assists a licensed contractor in performing:
(1) the total replacement of a system; or
(2) the installation or repair of a boiler or pressure
vessel that must be installed in accordance with rules adopted
under Chapter 755, Health and Safety Code.
SECTION 2. The heading to Section 1302.503, Occupations
Code, is amended to read as follows:
Sec. 1302.503. SUPERVISION REQUIREMENTS FOR LICENSE
HOLDERS [REGISTRANTS].
SECTION 3. Section 1302.5035, Occupations Code, is amended
to read as follows:
Sec. 1302.5035. ELIGIBILITY REQUIREMENTS. (a) An
applicant for a technician license [registration] under this
subchapter must:
(1) be at least 18 years old; and
(2) have at least 12 months of practical experience in
air conditioning and refrigeration maintenance in the preceding 24
months under the supervision of a licensed air conditioning and
refrigeration contractor.
(b) Notwithstanding the requirements of Subsection (a)(2),
an applicant may satisfy a portion of the practical experience
requirement as provided by Subsections (c), (d), and (e). [An
applicant for a technician registration is not required to have
practical experience or to take an examination to obtain the
registration.]
(c) An applicant who obtains a degree or diploma or
completes a certification program from an institution of higher
education that is accredited by an accrediting agency recognized by
the Texas Higher Education Coordinating Board or that holds a
certificate of authority to grant degrees issued by the Texas
Higher Education Coordinating Board, or an equivalent governing
body in another state as approved by the executive director, may
satisfy a portion of the practical experience requirement as
follows:
(1) completing a four-year degree or diploma in air
conditioning engineering, refrigeration technology or engineering,
or mechanical engineering is equivalent to 24 months of practical
experience;
(2) completing a two-year associate's degree, a
two-year diploma, or a two-year certification program primarily
focused on air conditioning and refrigeration-related work is
equivalent to 12 months of practical experience; and
(3) completing a one-year certification program in air
conditioning and refrigeration-related work is equivalent to six
months of practical experience.
(d) Every 2,000 hours of on-the-job training in an air
conditioning and refrigeration apprenticeship program registered
with the United States Department of Labor Office of Apprenticeship
is equivalent to 12 months of practical experience under Subsection
(a)(2).
(e) Notwithstanding the requirements of Subsection (a)(2),
each of the following qualifies as practical experience for
purposes of satisfying the 12-month requirement:
(1) verified military service in which the person was
trained in or performed air conditioning and refrigeration-related
work as part of the person's military occupational specialty; and
(2) experience performing air conditioning and
refrigeration-related work as described by Section 1302.055,
1302.056, or 1302.057 or while employed by a governmental entity.
SECTION 4. Section 1302.504, Occupations Code, is amended
to read as follows:
Sec. 1302.504. APPLICATION; FEE. (a) An applicant for an
air conditioning and refrigeration technician license
[registration] must submit a verified application on a form
prescribed by the executive director.
(b) The completed application must be accompanied by:
(1) a statement containing evidence satisfactory to
the executive director of the applicant's practical experience; and
(2) the required fees.
SECTION 5. Subchapter K, Chapter 1302, Occupations Code, is
amended by adding Section 1302.5045 to read as follows:
Sec. 1302.5045. EXAMINATIONS. The executive director shall
prescribe an examination for an air conditioning and refrigeration
technician license, including the method, content, and compliance
requirements.
SECTION 6. Section 1302.505, Occupations Code, is amended
to read as follows:
Sec. 1302.505. ISSUANCE AND TERM OF LICENSE [REGISTRATION].
(a) The department shall issue an air conditioning and
refrigeration technician license [registration] to an applicant
who:
(1) submits a verified application;
(2) meets the requirements of this chapter and rules
adopted under this chapter; [and]
(3) passes the applicable examination; and
(4) pays the required fees.
(b) A license [registration] issued under this subchapter
is valid for one year from the date of issuance.
SECTION 7. Section 1302.509, Occupations Code, is amended
to read as follows:
Sec. 1302.509. PROHIBITED PRACTICES [LIMITATIONS ON
REGISTRANT]. A person licensed [registered] under this subchapter
may not:
(1) perform, offer to perform, or attempt to perform
an act 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 under that
chapter or is exempt by a rule adopted under that chapter; or
(C) defined as plumbing under Chapter 1301,
unless the person holds a license under that chapter; or
(2) assist or work with a person who is not a licensed
air conditioning and refrigeration contractor in the performance of
air conditioning and refrigeration maintenance work.
SECTION 8. Sections 1302.506 and 1302.508, Occupations
Code, are repealed.
SECTION 9. (a) Not later than February 1, 2014, the Texas
Commission of Licensing and Regulation shall adopt rules to
implement the changes in law made by this Act to Subchapter K,
Chapter 1302, Occupations Code.
(b) The Texas Commission of Licensing and Regulation shall
adopt rules to convert and renew an air conditioning and
refrigeration registration or certification issued before March 1,
2014, to an air conditioning and refrigeration technician license
without imposing the additional eligibility requirements under
Chapter 1302, Occupations Code, as amended by this Act.
(c) Chapter 1302, Occupations Code, as amended by this Act,
applies only to an application for a license under that chapter
submitted to the Texas Department of Licensing and Regulation on or
after March 1, 2014. An application for a license, registration, or
certification submitted under that chapter 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 10. (a) Except as provided by Subsection (b) of
this section, this Act takes effect March 1, 2014.
(b) Section 9 of this Act takes effect September 1, 2013.