Texas 2017 - 85th Regular

Texas Senate Bill SB1439 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Whitmire S.B. No. 1439
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to air conditioning and refrigeration contracting and the
7	7	education and certification of air conditioning and refrigeration
8	8	technicians.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1302.002, Occupations Code, is amended
11	11	by amending Subdivision (5-c) and adding Subdivision (5-d) to read
12	12	as follows:
13	13	(5-c) "Certification training program" means a
14	14	program of education and training that is approved by the
15	15	department and that includes an apprenticeship program or training
16	16	program taught by:
17	17	(A) a public school;
18	18	(B) an institution of higher education, as
19	19	defined by Section 61.003, Education Code; or
20	20	(C) a private or independent institution of
21	21	higher education, as defined by Section 61.003, Education Code.
22	22	(5-d) "Certified technician" means an air
23	23	conditioning and refrigeration [a registered] technician who is
24	24	certified by the department [has completed a certification
25	25	examination].
26	26	SECTION 2. Section 1302.1011, Occupations Code, is amended
27	27	to read as follows:
28	28	Sec. 1302.1011. RULES. The commission shall adopt rules:
29	29	(1) providing for the licensing, certification, and
30	30	registration of persons under this chapter, including requirements
31	31	for the issuance and renewal of a contractor license, a technician
32	32	certification, and a technician registration;
33	33	(2) establishing fees necessary for the
34	34	administration of this chapter, including fees for issuance and
35	35	renewal of a contractor license, a technician certification, and a
36	36	technician registration; and
37	37	(3) implementing the requirements of this chapter as
38	38	applicable to persons, entities, and activities regulated under
39	39	this chapter.
40	40	SECTION 3. Section 1302.255(a), Occupations Code, is
41	41	amended to read as follows:
42	42	(a) An applicant for a license under this subchapter must:
43	43	(1) be at least 18 years old; and
44	44	(2) have:
45	45	(A) at least 48 months of practical experience in
46	46	air conditioning and refrigeration-related work under the
47	47	supervision of a licensed air conditioning and refrigeration
48	48	contractor in the preceding 72 months; or
49	49	(B) held a technician certification issued under
50	50	this chapter for the preceding 12 months and have at least 36 months
51	51	of practical experience in air conditioning and
52	52	refrigeration-related work under the supervision of a licensed air
53	53	conditioning and refrigeration contractor in the preceding 48
54	54	months.
55	55	SECTION 4. Section 1302.263, Occupations Code, is amended
56	56	to read as follows:
57	57	Sec. 1302.263. LIMITATION ON LICENSE HOLDER. A person
58	58	licensed as a contractor under this chapter may not:
59	59	(1) perform or offer or attempt to perform an act,
60	60	service, or function that is:
61	61	(A) defined as the practice of engineering under
62	62	Chapter 1001, unless the person holds a license under that chapter;
63	63	(B) regulated under Chapter 113, Natural
64	64	Resources Code, unless the person holds a license or is exempt by
65	65	rule under that chapter; or
66	66	(C) defined as plumbing under Chapter 1301,
67	67	unless the person holds a license under that chapter; or
68	68	(2) use the services of a person who is not a
69	69	registered or certified technician or a licensed air conditioning
70	70	and refrigeration contractor to assist in the performance of air
71	71	conditioning and refrigeration maintenance work.
72	72	SECTION 5. Section 1302.402, Occupations Code, is amended
73	73	to read as follows:
74	74	Sec. 1302.402. ADMINISTRATIVE PROCEDURES. A proceeding for
75	75	the denial of a license, certification, or registration application
76	76	or disciplinary action and an appeal from that proceeding are
77	77	governed by Chapter 2001, Government Code.
78	78	SECTION 6. Section 1302.453(a), Occupations Code, is
79	79	amended to read as follows:
80	80	(a) A person commits an offense if the person:
81	81	(1) knowingly engages in air conditioning and
82	82	refrigeration contracting without holding a license issued under
83	83	this chapter; or
84	84	(2) knowingly engages in air conditioning and
85	85	refrigeration maintenance work without holding a contractor
86	86	license or a technician registration or certification issued under
87	87	this chapter.
88	88	SECTION 7. Section 1302.501, Occupations Code, is amended
89	89	to read as follows:
90	90	Sec. 1302.501. REGISTRATION OR CERTIFICATION REQUIRED. (a)
91	91	A person may not act or offer to act as an air conditioning and
92	92	refrigeration technician unless the person is registered or
93	93	certified under this subchapter.
94	94	(b) An air conditioning and refrigeration technician
95	95	registration or certification is valid throughout the state.
96	96	(c) A person is not required to obtain an air conditioning
97	97	and refrigeration technician registration or certification if the
98	98	person only assists a licensed contractor in performing:
99	99	(1) the total replacement of a system; or
100	100	(2) the installation or repair of a boiler or pressure
101	101	vessel that must be installed in accordance with rules adopted
102	102	under Chapter 755, Health and Safety Code.
103	103	SECTION 8. The heading to Section 1302.503, Occupations
104	104	Code, is amended to read as follows:
105	105	Sec. 1302.503. SUPERVISION REQUIREMENTS FOR TECHNICIANS
106	106	[REGISTRANTS].
107	107	SECTION 9. The heading to Section 1302.5035, Occupations
108	108	Code, is amended to read as follows:
109	109	Sec. 1302.5035. REGISTRATION ELIGIBILITY REQUIREMENTS.
110	110	SECTION 10. Subchapter K, Chapter 1302, Occupations Code,
111	111	is amended by adding Section 1302.5036 to read as follows:
112	112	Sec. 1302.5036. CERTIFICATION ELIGIBILITY REQUIREMENTS.
113	113	An applicant for a technician certification under this subchapter
114	114	must:
115	115	(1) be at least 18 years old;
116	116	(2) have completed:
117	117	(A) in the preceding 48 months a certification
118	118	training program that:
119	119	(i) is approved by the department; and
120	120	(ii) consists of at least 2,000 hours of a
121	121	combination of:
122	122	(a) classroom instruction that is
123	123	taught by an instructor approved by the department; and
124	124	(b) practical experience in air
125	125	conditioning and refrigeration-related work under the supervision
126	126	of a licensed air conditioning and refrigeration contractor; or
127	127	(B) 24 consecutive months of air conditioning and
128	128	refrigeration-related work:
129	129	(i) under the supervision of a licensed air
130	130	conditioning and refrigeration contractor; or
131	131	(ii) as part of the applicant's military
132	132	occupational specialty within the armed forces of the United
133	133	States; and
134	134	(3) provide the department with proof that the
135	135	applicant successfully completed a competency examination as part
136	136	of a certification training program described by this section or
137	137	another examination of equal or greater difficulty administered by
138	138	the department.
139	139	SECTION 11. Section 1302.504(a), Occupations Code, is
140	140	amended to read as follows:
141	141	(a) An applicant for an air conditioning and refrigeration
142	142	technician registration or certification must submit a verified
143	143	application on a form prescribed by the executive director.
144	144	SECTION 12. Subchapter K, Chapter 1302, Occupations Code,
145	145	is amended by adding Section 1302.5055 to read as follows:
146	146	Sec. 1302.5055. ISSUANCE AND TERM OF CERTIFICATION. (a)
147	147	The department shall issue an air conditioning and refrigeration
148	148	technician certification to an applicant who:
149	149	(1) submits a verified application;
150	150	(2) passes a competency examination;
151	151	(3) meets the requirements of this chapter and the
152	152	rules adopted under this chapter; and
153	153	(4) pays the required fees.
154	154	(b) An applicant who receives a certification under this
155	155	subchapter may use the designation "certified technician."
156	156	(c) A certification issued under this subchapter expires on
157	157	the first anniversary of the date of issuance.
158	158	SECTION 13. Section 1302.509, Occupations Code, is amended
159	159	to read as follows:
160	160	Sec. 1302.509. LIMITATIONS ON TECHNICIAN [REGISTRANT]. A
161	161	person registered or certified under this subchapter may not:
162	162	(1) perform, offer to perform, or attempt to perform
163	163	an act that is:
164	164	(A) defined as the practice of engineering under
165	165	Chapter 1001, unless the person holds a license under that chapter;
166	166	(B) regulated under Chapter 113, Natural
167	167	Resources Code, unless the person holds a license under that
168	168	chapter or is exempt by a rule adopted under that chapter; or
169	169	(C) defined as plumbing under Chapter 1301,
170	170	unless the person holds a license under that chapter; or
171	171	(2) assist a person who is not a licensed air
172	172	conditioning and refrigeration contractor in the performance of air
173	173	conditioning and refrigeration maintenance work.
174	174	SECTION 14. Section 1302.508, Occupations Code, is
175	175	repealed.
176	176	SECTION 15. Not later than December 31, 2017, the Texas
177	177	Commission of Licensing and Regulation shall adopt rules
178	178	implementing Chapter 1302, Occupations Code, as amended by this
179	179	Act.
180	180	SECTION 16. (a) The changes in law made by this Act to
181	181	Subchapter K, Chapter 1302, Occupations Code, apply only to an
182	182	application for a technician certification submitted to the Texas
183	183	Department of Licensing and Regulation on or after January 1, 2018.
184	184	An application for a technician certification submitted before that
185	185	date is governed by the law as it existed immediately before the
186	186	effective date of this Act, and the former law is continued in
187	187	effect for that purpose.
188	188	(b) The repeal by this Act of Section 1302.508, Occupations
189	189	Code, does not affect the validity of a certification issued by the
190	190	Texas Department of Licensing and Regulation before January 1,
191	191	2018, and the former law is continued in effect for the purpose of
192	192	that certification.
193	193	SECTION 17. This Act takes effect September 1, 2017.