Bill Text: TX HB2597 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the licensing of air conditioning and refrigeration technicians and trainees; authorizing fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-27 - Referred to Licensing & Administrative Procedures [HB2597 Detail]

Download: Texas-2017-HB2597-Introduced.html
  85R10567 JCG-F
 
  By: Walle H.B. No. 2597
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing of air conditioning and refrigeration
  technicians and trainees; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1302.002, Occupations Code, is amended
  by amending Subdivision (5-a) and adding Subdivisions (11-b) and
  (11-c) to read as follows:
               (5-a)  "Air conditioning and refrigeration technician"
  and "air conditioning and refrigeration trainee" mean [means] a
  person who assists a licensed air conditioning and refrigeration
  contractor in performing air conditioning and refrigeration
  maintenance work.
               (11-b)  "Licensed technician" means an air
  conditioning and refrigeration technician who is licensed with the
  department.
               (11-c)  "Licensed trainee" means an air conditioning
  and refrigeration trainee who is licensed with the department.
         SECTION 2.  Section 1302.1011, Occupations Code, is amended
  to read as follows:
         Sec. 1302.1011.  RULES. The commission shall adopt rules:
               (1)  providing for the licensing [and registration] of
  persons under this chapter, including requirements for the issuance
  and renewal of a contractor license, [and] a technician license,
  and a trainee license [registration];
               (2)  establishing fees necessary for the
  administration of this chapter, including fees for issuance and
  renewal of a contractor license, [and] a technician license, and a
  trainee license [registration]; and
               (3)  implementing the requirements of this chapter as
  applicable to persons, entities, and activities regulated under
  this chapter.
         SECTION 3.  Section 1302.263, Occupations Code, is amended
  to read as follows:
         Sec. 1302.263.  LIMITATION ON LICENSE HOLDER. A person
  licensed as a contractor under this chapter may not:
               (1)  perform or offer or attempt to perform an act,
  service, or function 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 or is exempt by
  rule under that chapter; or
                     (C)  defined as plumbing under Chapter 1301,
  unless the person holds a license under that chapter; or
               (2)  use the services of a person who is not a licensed
  [registered] technician, licensed trainee, or a licensed air
  conditioning and refrigeration contractor to assist in the
  performance of air conditioning and refrigeration maintenance
  work.
         SECTION 4.  Section 1302.402, Occupations Code, is amended
  to read as follows:
         Sec. 1302.402.  ADMINISTRATIVE PROCEDURES. A proceeding for
  the denial of a license [or registration] application or
  disciplinary action and an appeal from that proceeding are governed
  by Chapter 2001, Government Code.
         SECTION 5.  Section 1302.453(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  knowingly engages in air conditioning and
  refrigeration contracting without holding a license issued under
  this chapter; or
               (2)  knowingly engages in air conditioning and
  refrigeration maintenance work without holding a contractor
  license, [or] technician license, or trainee license
  [registration] issued under this chapter.
         SECTION 6.  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 7.  The heading to Section 1302.503, Occupations
  Code, is amended to read as follows:
         Sec. 1302.503.  SUPERVISION REQUIREMENTS FOR LICENSED
  TECHNICIANS [REGISTRANTS].
         SECTION 8.  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 Subsection (c).
         (c)  An applicant who obtains a degree or diploma or
  completes a certification program from an institution of higher
  education that holds a certificate of authority 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, or a
  program of at least two semesters, 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 that is:
                     (A)  described by Section 1302.054, 1302.055,
  1302.056, or 1302.057; and
                     (B)  approved by the executive director.  [An
  applicant for a technician registration is not required to have
  practical experience or to take an examination to obtain the
  registration.]
         SECTION 9.  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 10.  Subchapter K, Chapter 1302, Occupations Code,
  is amended by adding Section 1302.5045 to read as follows:
         Sec. 1302.5045.  EXAMINATION. The executive director shall
  prescribe an examination for an air conditioning and refrigeration
  technician license, including the method, content, and compliance
  requirements.
         SECTION 11.  Section 1302.505, Occupations Code, is amended
  to read as follows:
         Sec. 1302.505.  ISSUANCE AND TERM OF TECHNICIAN 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 12.  Section 1302.506, Occupations Code, is amended
  to read as follows:
         Sec. 1302.506.  TEMPORARY LICENSE [REGISTRATION]. (a) An
  applicant for a license [registration] may request a temporary
  license [registration].  The executive director shall issue a
  temporary license [registration] that expires on the 21st day after
  the date of issuance to an applicant who meets the qualifications
  for a temporary license [registration].
         (b)  The commission shall adopt rules providing for the
  issuance of a temporary license [registration] under this section,
  including the qualifications and fee required for the license 
  [registration].
         SECTION 13.  Section 1302.508, Occupations Code, is amended
  to read as follows:
         Sec. 1302.508.  CERTIFIED TECHNICIAN. A licensed 
  [registered] technician may be certified by the department and use
  the designation "certified technician" if the licensed 
  [registered] technician:
               (1)  completes an application for certification on a
  form prescribed by the executive director;
               (2)  pays the application fee; and
               (3)  provides the department with proof that the
  licensed [registered] technician successfully completed a
  nationally recognized and administered certification examination
  or another examination of equal or greater difficulty approved by
  the department.
         SECTION 14.  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 15.  Chapter 1302, Occupations Code, is amended by
  adding Subchapter L to read as follows:
  SUBCHAPTER L.  AIR CONDITIONING AND REFRIGERATION TRAINEES
         Sec. 1302.551.  LICENSE REQUIRED. (a) A person may not act
  or offer to act as an air conditioning and refrigeration trainee
  unless the person is licensed under this subchapter.
         (b)  An air conditioning and refrigeration trainee license
  is valid throughout the state.
         Sec. 1302.552.  SUPERVISION REQUIREMENTS FOR LICENSED
  TRAINEES. A licensed trainee must be supervised by an air
  conditioning and refrigeration contractor licensed under this
  chapter.
         Sec. 1302.553.  ELIGIBILITY REQUIREMENTS. (a) An applicant
  for a trainee license under this subchapter must be at least 18
  years old.
         (b)  An applicant for a trainee license is not required to
  have practical experience or to take an examination to obtain the
  license.
         Sec. 1302.554.  APPLICATION; FEES.  (a) An applicant for an
  air conditioning and refrigeration trainee license must submit a
  verified application on a form prescribed by the executive
  director.
         (b)  The completed application must be accompanied by the
  required fees.
         Sec. 1302.555.  ISSUANCE AND TERM OF TRAINEE LICENSE. (a)
  The department shall issue an air conditioning and refrigeration
  trainee license to an applicant who:
               (1)  submits a verified application on a form
  prescribed by the executive director;
               (2)  meets the requirements of this chapter and rules
  adopted under this chapter; and
               (3)  pays the required fees.
         (b)  A license issued under this subchapter is valid for one
  year from the date of issuance.
         Sec. 1302.556.  TEMPORARY LICENSE. (a) An applicant for a
  trainee license may request a temporary license.  The executive
  director shall issue a temporary license that expires on the 21st
  day after the date of issuance to an applicant who meets the
  qualifications for a temporary license.
         (b)  The commission shall adopt rules providing for the
  issuance of a temporary license under this section, including the
  qualifications and fee required for the license.
         Sec. 1302.557.  LIMITATIONS ON LICENSE HOLDER. A person
  licensed 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;
               (2)  assist a person who is not a licensed air
  conditioning and refrigeration contractor in the performance of air
  conditioning and refrigeration maintenance work; or
               (3)  work with a person or business entity that is not
  an air conditioning and refrigeration contracting company
  complying with Section 1302.252 in the performance of air
  conditioning and refrigeration maintenance work.
         SECTION 16.  Section 1302.002(17), Occupations Code, is
  repealed.
         SECTION 17.  (a)  Not later than February 1, 2018, the Texas
  Commission of Licensing and Regulation shall adopt rules to
  implement the changes in law made by this Act to 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 issued before March 1, 2018, 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, 2018. 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 18.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect March 1, 2018.
         (b)  Section 17 of this Act takes effect September 1, 2017.
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