H.B. No. 463
 
 
 
 
AN ACT
  relating to the regulation of air conditioning and refrigeration
  contracting; providing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1302.002, Occupations Code, is amended
  by adding Subdivisions (5-a), (5-b), and (17) to read as follows:
               (5-a)  "Air conditioning and refrigeration technician"
  means a person who assists a licensed air conditioning and
  refrigeration contractor in performing air conditioning and
  refrigeration maintenance work.
               (5-b)  "Certified technician" means a registered
  technician who has completed a certification examination.
               (17)  "Registered technician" means an air
  conditioning and refrigeration technician who is registered with
  the department.
         SECTION 2.  Section 1302.101, Occupations Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The department may examine any criminal conviction,
  guilty plea, or deferred adjudication of an applicant for issuance
  or renewal of a license, including by obtaining any criminal
  history record information permitted by law.
         SECTION 3.  Section 1302.263, Occupations Code, is amended
  to read as follows:
         Sec. 1302.263.  LIMITATION ON LICENSE HOLDER OR REGISTERED
  TECHNICIAN. A person licensed under this chapter may not:
               (1)  perform or offer or attempt to perform an act,
  service, or function that is:
                     (A) [(1)]  defined as the practice of engineering
  under Chapter 1001, unless the person holds a license under that
  chapter;
                     (B) [(2)]  regulated under Chapter 113, Natural
  Resources Code, unless the person holds a license or is exempt by
  rule under that chapter; or
                     (C) [(3)]  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 technician or a licensed air conditioning and
  refrigeration contractor to assist in the performance of air
  conditioning and refrigeration maintenance work.
         SECTION 4.  Section 1302.401(a), Occupations Code, is
  amended to read as follows:
         (a)  A person is subject to the denial of an application,
  imposition of an administrative penalty under Subchapter F, Chapter
  51, or disciplinary action under Section 51.353 if the person:
               (1)  violates this chapter or a rule adopted under this
  chapter; or
               (2)  violates [is convicted of an offense under] a
  municipal ordinance adopted under Section 1302.303.
         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 or registration application or disciplinary
  action and an appeal from that proceeding are governed by Chapter
  2001, Government Code.
         SECTION 6.  Chapter 1302, Occupations Code, is amended by
  adding Subchapter K to read as follows:
  SUBCHAPTER K. AIR CONDITIONING AND REFRIGERATION TECHNICIANS
         Sec. 1302.501.  REGISTRATION REQUIRED. (a)  A person may not
  act or offer to act as an air conditioning and refrigeration
  technician unless the person is registered under this subchapter.
         (b)  A registration is valid throughout the state.
         Sec. 1302.502.  RULES. The executive director shall adopt
  rules:
               (1)  providing for the registration of technicians as
  prescribed by this subchapter; and
               (2)  establishing fees for issuance and renewal of a
  registration.
         Sec. 1302.503.  SUPERVISION REQUIREMENTS FOR REGISTRANTS.
  An air conditioning and refrigeration technician must be supervised
  by an air conditioning and refrigeration contractor licensed under
  this chapter.
         Sec. 1302.504.  APPLICATION; FEE. (a) An applicant for
  registration must submit an application on a form prescribed by the
  commission.
         (b)  The completed application must be accompanied by the
  application fee.
         Sec. 1302.505.  ISSUANCE AND TERM OF REGISTRATION. (a) On
  receipt of a completed application, the department shall register
  an applicant who meets the requirements of this subchapter.
         (b)  A registration is valid for one year from the date of
  issuance.
         Sec. 1302.506.  TEMPORARY REGISTRATION. (a)  An applicant
  for registration may request a temporary registration. The
  executive director shall issue a temporary registration that
  expires on the 21st day after the date of issuance to an applicant
  who meets the qualifications for temporary registration.
         (b)  The commission shall adopt rules providing for the
  issuance of a temporary registration under this section, including
  the qualifications and fee required for the registration.
         Sec. 1302.507.  RENEWAL OF REGISTRATION. To renew a
  registration, a registered technician must:
               (1)  submit a renewal request on a form prescribed by
  the executive director; and
               (2)  pay the required renewal fee.
         Sec. 1302.508.  CERTIFIED TECHNICIAN. A registered
  technician may be certified by the department and use the
  designation "certified technician" if the 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
  registered technician successfully completed a nationally
  recognized and administered certification examination or another
  examination of equal or greater difficulty approved by the
  department.
         SECTION 7.  Not later than December 31, 2007, the Texas
  Commission of Licensing and Regulation shall adopt rules
  implementing Subchapter K, Chapter 1302, Occupations Code, as added
  by this Act.
         SECTION 8.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2007.
         (b)  Sections 1302.501 and 1302.503, Occupations Code, as
  added by this Act, take effect June 30, 2008.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 463 was passed by the House on April
  13, 2007, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 463 on May 26, 2007, by the following vote:  Yeas 140, Nays 1, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 463 was passed by the Senate, with
  amendments, on May 17, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor