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 |
|
||
|
||
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 [ |
||
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 [ |
||
persons under this chapter, including requirements for the issuance | ||
and renewal of a contractor license, [ |
||
and a trainee license [ |
||
(2) establishing fees necessary for the | ||
administration of this chapter, including fees for issuance and | ||
renewal of a contractor license, [ |
||
trainee license [ |
||
(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 | ||
[ |
||
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 [ |
||
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, [ |
||
[ |
||
SECTION 6. Section 1302.501, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.501. LICENSE [ |
||
person may not act or offer to act as an air conditioning and | ||
refrigeration technician unless the person is licensed | ||
[ |
||
(b) An air conditioning and refrigeration technician | ||
license [ |
||
(c) A person is not required to obtain an air conditioning | ||
and refrigeration technician license [ |
||
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 [ |
||
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 [ |
||
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. [ |
||
|
||
|
||
|
||
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 | ||
[ |
||
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 | ||
[ |
||
conditioning and refrigeration technician license [ |
||
to an applicant who: | ||
(1) submits a verified application; | ||
(2) meets the requirements of this chapter and rules | ||
adopted under this chapter; [ |
||
(3) passes the applicable examination; and | ||
(4) pays the required fees. | ||
(b) A license [ |
||
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 [ |
||
applicant for a license [ |
||
license [ |
||
temporary license [ |
||
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 [ |
||
including the qualifications and fee required for the license | ||
[ |
||
SECTION 13. Section 1302.508, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.508. CERTIFIED TECHNICIAN. A licensed | ||
[ |
||
the designation "certified technician" if the licensed | ||
[ |
||
(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 [ |
||
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 [ |
||
|
||
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. |