83R6822 SLB-F
 
  By: Carona S.B. No. 617
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.