Bill Text: TX SB1439 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to air conditioning and refrigeration contracting and the education and certification of air conditioning and refrigeration technicians.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Business & Commerce [SB1439 Detail]
Download: Texas-2017-SB1439-Introduced.html
By: Whitmire | S.B. No. 1439 | |
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relating to air conditioning and refrigeration contracting and the | ||
education and certification of air conditioning and refrigeration | ||
technicians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1302.002, Occupations Code, is amended | ||
by amending Subdivision (5-c) and adding Subdivision (5-d) to read | ||
as follows: | ||
(5-c) "Certification training program" means a | ||
program of education and training that is approved by the | ||
department and that includes an apprenticeship program or training | ||
program taught by: | ||
(A) a public school; | ||
(B) an institution of higher education, as | ||
defined by Section 61.003, Education Code; or | ||
(C) a private or independent institution of | ||
higher education, as defined by Section 61.003, Education Code. | ||
(5-d) "Certified technician" means an air | ||
conditioning and refrigeration [ |
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certified by the department [ |
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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, certification, and | ||
registration of persons under this chapter, including requirements | ||
for the issuance and renewal of a contractor license, a technician | ||
certification, and a technician registration; | ||
(2) establishing fees necessary for the | ||
administration of this chapter, including fees for issuance and | ||
renewal of a contractor license, a technician certification, and a | ||
technician registration; and | ||
(3) implementing the requirements of this chapter as | ||
applicable to persons, entities, and activities regulated under | ||
this chapter. | ||
SECTION 3. Section 1302.255(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) An applicant for a license under this subchapter must: | ||
(1) be at least 18 years old; and | ||
(2) have: | ||
(A) at least 48 months of practical experience in | ||
air conditioning and refrigeration-related work under the | ||
supervision of a licensed air conditioning and refrigeration | ||
contractor in the preceding 72 months; or | ||
(B) held a technician certification issued under | ||
this chapter for the preceding 12 months and have at least 36 months | ||
of practical experience in air conditioning and | ||
refrigeration-related work under the supervision of a licensed air | ||
conditioning and refrigeration contractor in the preceding 48 | ||
months. | ||
SECTION 4. 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 | ||
registered or certified technician or a licensed air conditioning | ||
and refrigeration contractor to assist in the performance of air | ||
conditioning and refrigeration maintenance work. | ||
SECTION 5. Section 1302.402, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.402. ADMINISTRATIVE PROCEDURES. A proceeding for | ||
the denial of a license, certification, or registration application | ||
or disciplinary action and an appeal from that proceeding are | ||
governed by Chapter 2001, Government Code. | ||
SECTION 6. 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 a technician registration or certification issued under | ||
this chapter. | ||
SECTION 7. Section 1302.501, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.501. REGISTRATION OR CERTIFICATION REQUIRED. (a) | ||
A person may not act or offer to act as an air conditioning and | ||
refrigeration technician unless the person is registered or | ||
certified under this subchapter. | ||
(b) An air conditioning and refrigeration technician | ||
registration or certification is valid throughout the state. | ||
(c) A person is not required to obtain an air conditioning | ||
and refrigeration technician registration or certification 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 8. The heading to Section 1302.503, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1302.503. SUPERVISION REQUIREMENTS FOR TECHNICIANS | ||
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SECTION 9. The heading to Section 1302.5035, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1302.5035. REGISTRATION ELIGIBILITY REQUIREMENTS. | ||
SECTION 10. Subchapter K, Chapter 1302, Occupations Code, | ||
is amended by adding Section 1302.5036 to read as follows: | ||
Sec. 1302.5036. CERTIFICATION ELIGIBILITY REQUIREMENTS. | ||
An applicant for a technician certification under this subchapter | ||
must: | ||
(1) be at least 18 years old; | ||
(2) have completed: | ||
(A) in the preceding 48 months a certification | ||
training program that: | ||
(i) is approved by the department; and | ||
(ii) consists of at least 2,000 hours of a | ||
combination of: | ||
(a) classroom instruction that is | ||
taught by an instructor approved by the department; and | ||
(b) practical experience in air | ||
conditioning and refrigeration-related work under the supervision | ||
of a licensed air conditioning and refrigeration contractor; or | ||
(B) 24 consecutive months of air conditioning and | ||
refrigeration-related work: | ||
(i) under the supervision of a licensed air | ||
conditioning and refrigeration contractor; or | ||
(ii) as part of the applicant's military | ||
occupational specialty within the armed forces of the United | ||
States; and | ||
(3) provide the department with proof that the | ||
applicant successfully completed a competency examination as part | ||
of a certification training program described by this section or | ||
another examination of equal or greater difficulty administered by | ||
the department. | ||
SECTION 11. Section 1302.504(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) An applicant for an air conditioning and refrigeration | ||
technician registration or certification must submit a verified | ||
application on a form prescribed by the executive director. | ||
SECTION 12. Subchapter K, Chapter 1302, Occupations Code, | ||
is amended by adding Section 1302.5055 to read as follows: | ||
Sec. 1302.5055. ISSUANCE AND TERM OF CERTIFICATION. (a) | ||
The department shall issue an air conditioning and refrigeration | ||
technician certification to an applicant who: | ||
(1) submits a verified application; | ||
(2) passes a competency examination; | ||
(3) meets the requirements of this chapter and the | ||
rules adopted under this chapter; and | ||
(4) pays the required fees. | ||
(b) An applicant who receives a certification under this | ||
subchapter may use the designation "certified technician." | ||
(c) A certification issued under this subchapter expires on | ||
the first anniversary of the date of issuance. | ||
SECTION 13. Section 1302.509, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1302.509. LIMITATIONS ON TECHNICIAN [ |
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person registered or certified 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 a person who is not a licensed air | ||
conditioning and refrigeration contractor in the performance of air | ||
conditioning and refrigeration maintenance work. | ||
SECTION 14. Section 1302.508, Occupations Code, is | ||
repealed. | ||
SECTION 15. Not later than December 31, 2017, the Texas | ||
Commission of Licensing and Regulation shall adopt rules | ||
implementing Chapter 1302, Occupations Code, as amended by this | ||
Act. | ||
SECTION 16. (a) The changes in law made by this Act to | ||
Subchapter K, Chapter 1302, Occupations Code, apply only to an | ||
application for a technician certification submitted to the Texas | ||
Department of Licensing and Regulation on or after January 1, 2018. | ||
An application for a technician certification submitted before that | ||
date is governed by the law as it existed immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
(b) The repeal by this Act of Section 1302.508, Occupations | ||
Code, does not affect the validity of a certification issued by the | ||
Texas Department of Licensing and Regulation before January 1, | ||
2018, and the former law is continued in effect for the purpose of | ||
that certification. | ||
SECTION 17. This Act takes effect September 1, 2017. |