| 1 | 1 | | By: Carona S.B. No. 383 |
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| 2 | 2 | | (Kuempel) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the repeal of certain provisions governing the sale and |
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| 8 | 8 | | use of certain refrigerants. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1302.059, Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 1302.059. MOTOR VEHICLES. This chapter does not apply |
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| 13 | 13 | | to a person who engages in or employs a person who engages in air |
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| 14 | 14 | | conditioning services only on a motor vehicle or an MVAC-like |
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| 15 | 15 | | appliance as defined by 40 C.F.R. Section 82.152 [air conditioner]. |
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| 16 | 16 | | SECTION 2. Subsection (a), Section 1302.453, Occupations |
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| 17 | 17 | | Code, is amended to read as follows: |
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| 18 | 18 | | (a) A person commits an offense if the person: |
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| 19 | 19 | | (1) knowingly engages in air conditioning and |
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| 20 | 20 | | refrigeration contracting without holding a license issued under |
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| 21 | 21 | | this chapter; or |
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| 22 | 22 | | (2) knowingly engages in air conditioning and |
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| 23 | 23 | | refrigeration maintenance work without holding a contractor |
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| 24 | 24 | | license or technician registration issued under this chapter[; or |
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| 25 | 25 | | [(3) purchases a refrigerant or equipment containing a |
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| 26 | 26 | | refrigerant in this state in violation of Section 1302.353, |
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| 27 | 27 | | 1302.355, or 1302.356]. |
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| 28 | 28 | | SECTION 3. The following provisions of the Occupations Code |
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| 29 | 29 | | are repealed: |
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| 30 | 30 | | (1) Subdivisions (13) and (16), Section 1302.002; |
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| 31 | 31 | | (2) Section 1302.051; |
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| 32 | 32 | | (3) Subsection (b), Section 1302.452; |
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| 33 | 33 | | (4) Subsection (b), Section 1302.453; and |
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| 34 | 34 | | (5) Subchapter H, Chapter 1302. |
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| 35 | 35 | | SECTION 4. Not later than May 1, 2014, the Texas Commission |
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| 36 | 36 | | of Licensing and Regulation shall adopt rules necessary to |
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| 37 | 37 | | implement the changes in law made by this Act to Chapter 1302, |
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| 38 | 38 | | Occupations Code. |
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| 39 | 39 | | SECTION 5. The repeal by this Act of Subchapter H, Chapter |
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| 40 | 40 | | 1302, Occupations Code, and the amendment of Section 1302.453, |
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| 41 | 41 | | Occupations Code, do not apply to an offense committed under those |
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| 42 | 42 | | laws before the effective date of this Act. An offense committed |
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| 43 | 43 | | before the effective date of this Act is governed by those laws as |
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| 44 | 44 | | they existed on the date the offense was committed, and the former |
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| 45 | 45 | | law is continued in effect for that purpose. For purposes of this |
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| 46 | 46 | | section, an offense was committed before the effective date of this |
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| 47 | 47 | | Act if any element of the offense occurred before that date. |
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| 48 | 48 | | SECTION 6. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2013. |
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