Bill Text: TX HB1522 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the regulation of energy efficiency professionals; providing penalties; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB1522 Detail]
Download: Texas-2013-HB1522-Introduced.html
83R6822 SLB-F | ||
By: Guillen | H.B. No. 1522 |
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relating to the regulation of energy efficiency professionals; | ||
providing penalties; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 8, Occupations Code, is amended by adding | ||
Chapter 1307 to read as follows: | ||
CHAPTER 1307. ENERGY EFFICIENCY PROFESSIONALS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1307.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(2) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(3) "Energy efficiency analysis, assessment, or | ||
audit" means an evaluation of the energy consumption and efficiency | ||
of a structure, including recommendations to reduce energy | ||
consumption and improve energy efficiency. | ||
(4) "Energy efficiency report" means a report produced | ||
as a result of an energy efficiency analysis, assessment, or audit. | ||
(5) "HVAC system" means a structure's heating, | ||
ventilation, and air conditioning system. | ||
(6) "Registered energy efficiency professional" means | ||
a person who is registered with the department under this chapter. | ||
Sec. 1307.002. APPLICABILITY. (a) This chapter applies to | ||
an energy efficiency audit performed on a residential structure. | ||
(b) A registered energy efficiency professional who | ||
performs an energy efficiency analysis, assessment, or audit and | ||
produces an energy efficiency report is not engaged in air | ||
conditioning and refrigeration contracting as defined by Section | ||
1302.002 if a component of the energy efficiency analysis, | ||
assessment, or audit relating to an air conditioning and | ||
refrigeration system is performed in accordance with the latest | ||
version of the applicable federal and state standards. | ||
Sec. 1307.003. EXEMPTIONS. (a) This chapter does not apply | ||
to a person who: | ||
(1) is licensed as an engineer under Chapter 1001; | ||
(2) performs air conditioning and refrigeration | ||
contracting work in the scope of the person's employment; and | ||
(3) does not engage in air conditioning and | ||
refrigeration contracting work for the public. | ||
(b) A person is not required to be registered under this | ||
chapter if the person is working under the direct supervision of a | ||
registered energy efficiency professional who is physically | ||
present on the premises where the work is performed. | ||
SUBCHAPTER B. REGULATION OF ENERGY EFFICIENCY ANALYSES, | ||
ASSESSMENTS, AND AUDITS | ||
Sec. 1307.051. RULES. (a) The commission by rule shall | ||
establish: | ||
(1) the form and content of the required application | ||
for registration under this chapter; | ||
(2) an application fee for registration under this | ||
chapter; | ||
(3) insurance requirements for a registered energy | ||
efficiency professional, which must be similar to the requirements | ||
for the holder of an air conditioning and refrigeration contractor | ||
license described by Section 1302.253(c); | ||
(4) standards of conduct for a registered energy | ||
efficiency professional; and | ||
(5) other rules necessary for the administration of | ||
this chapter. | ||
(b) The commission may not: | ||
(1) require an applicant or person registered under | ||
this chapter to post a bond; or | ||
(2) establish minimum education requirements for an | ||
applicant for registration under this chapter, except as otherwise | ||
provided in this chapter. | ||
Sec. 1307.052. CONDUCTING ENERGY EFFICIENCY ANALYSES, | ||
ASSESSMENTS, AND AUDITS. An energy efficiency analysis, | ||
assessment, or audit may include: | ||
(1) the inspection, testing, investigation, or | ||
surveying of a structure to evaluate, measure, or quantify the | ||
structure's energy consumption and efficiency, including: | ||
(A) verification of the structure's HVAC system; | ||
(B) inspection of the integrity of the building | ||
envelope, including air leakage, durability, and insulation; and | ||
(C) inspection and evaluation of the efficiency | ||
of the structure's lighting, electronics, and appliances; and | ||
(2) recommendations to improve the efficiency of an | ||
item or system inspected or evaluated under Subdivision (1). | ||
Sec. 1307.053. REQUIRED DISCLOSURES. An energy efficiency | ||
report that contains a recommendation regarding an HVAC system must | ||
contain the following disclosure in a type not smaller than 12 | ||
points: "Final HVAC system design and installation must be | ||
performed by a licensed air conditioning and refrigeration | ||
contractor in accordance with Chapter 1302, Texas Occupations Code. | ||
All HVAC design recommendations in this report are based on the | ||
standards of applicable Air Conditioning Contractors of America | ||
Manuals and may vary depending on the equipment manufacturer, final | ||
designer, and design layout." | ||
Sec. 1307.054. LIST OF REGISTERED ENERGY EFFICIENCY | ||
PROFESSIONALS. The department shall maintain a list of all persons | ||
registered under this chapter. | ||
SUBCHAPTER C. REGISTRATION | ||
Sec. 1307.101. REGISTRATION REQUIRED. A person may not | ||
perform an energy efficiency analysis, assessment, or audit or | ||
produce an energy efficiency report on a residential structure | ||
unless the person is registered by the department as a registered | ||
energy efficiency professional. | ||
Sec. 1307.102. QUALIFICATIONS; TERM OF REGISTRATION. (a) | ||
The department shall register an applicant who: | ||
(1) obtains a certification through an applicable | ||
training and certification program accredited by a state or | ||
national regulating body; | ||
(2) completes at least five residential energy | ||
efficiency analyses, assessments, or audits under the supervision | ||
of a registered energy efficiency professional; | ||
(3) demonstrates proof of: | ||
(A) good standing with an organization that has | ||
certified the applicant under Subdivision (1); and | ||
(B) insurance as required by the commission; and | ||
(4) submits the application and fees required by the | ||
commission. | ||
(b) Unless renewed, a registration issued under this | ||
chapter expires on the first anniversary of the date of issuance. | ||
Sec. 1307.103. RENEWAL AND CONTINUING EDUCATION. The | ||
commission shall adopt rules for: | ||
(1) continuing education required for registered | ||
energy efficiency professionals; and | ||
(2) the renewal of a registration issued under this | ||
chapter. | ||
SUBCHAPTER D. ENFORCEMENT | ||
Sec. 1307.151. DISCIPLINARY ACTION. A person is subject to | ||
any disciplinary action that may be imposed on a license holder | ||
under Subchapter G, Chapter 51, if the person: | ||
(1) violates this chapter or a rule adopted under this | ||
chapter; or | ||
(2) obtains a registration by fraud or false | ||
representation. | ||
Sec. 1307.152. ADMINISTRATIVE PENALTY. The department may | ||
impose an administrative penalty in the manner provided by | ||
Subchapter F, Chapter 51, on a person if the person: | ||
(1) violates this chapter or a rule adopted under this | ||
chapter; or | ||
(2) obtains a registration by fraud or false | ||
representation. | ||
Sec. 1307.153. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION. | ||
(a) The department may issue a cease and desist order if the | ||
department determines that an order is necessary to: | ||
(1) prevent a violation of this chapter; or | ||
(2) protect the public health and safety. | ||
(b) The attorney general or the department under this | ||
subchapter may institute an action for an injunction or a civil | ||
penalty as provided by Section 51.352. | ||
SECTION 2. (a) Not later than November 1, 2013, the Texas | ||
Commission of Licensing and Regulation shall adopt rules required | ||
by Chapter 1307, Occupations Code, as added by this Act. | ||
(b) Notwithstanding Chapter 1307, Occupations Code, as | ||
added by this Act, an energy efficiency professional is not | ||
required to hold a certificate of registration under that chapter | ||
to perform an energy efficiency analysis, assessment, or audit or | ||
to produce an energy efficiency report until January 1, 2014. | ||
SECTION 3. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2013. | ||
(b) Section 1307.101, Occupations Code, as added by this | ||
Act, takes effect January 1, 2014. |