H.B. No. 3029
 
 
 
 
AN ACT
  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:
                     (A)  is accepted or approved by the department;
  and
                     (B)  consists of at least 2,000 hours of a
  combination of:
                           (i)  classroom instruction:
                                 (a)  at a secondary school;
                                 (b)  at an institution of higher
  education, as defined by Section 61.003, Education Code; or
                                 (c)  in an apprenticeship program
  accepted by the department; and
                           (ii)  practical experience in air
  conditioning and refrigeration-related work under the supervision
  of a licensed air conditioning and refrigeration contractor.
               (5-d)  "Certified technician" means an air
  conditioning and refrigeration [a registered] technician who is
  certified by the department [has completed a certification
  examination].
         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 1302.262(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who obtains a license under this subchapter
  shall provide a notice to the municipal authority that enforces air
  conditioning and refrigeration contracting regulations in the
  municipality in which the person engages in air conditioning and
  refrigeration contracting, if the municipality requires the
  notice.
         SECTION 5.  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 technician or a licensed air conditioning and
  refrigeration contractor] to assist in the performance of air
  conditioning and refrigeration maintenance work unless the person
  is a:
                     (A)  registered or certified technician;
                     (B)  licensed air conditioning and refrigeration
  contractor; or
                     (C)  student described by Section 1302.502 who
  performs the work in that capacity.
         SECTION 6.  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 7.  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)  is not a student described by Section 1302.502 and
  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 8.  Section 1302.501, Occupations Code, is amended
  to read as follows:
         Sec. 1302.501.  REGISTRATION OR CERTIFICATION REQUIRED. (a)
  Except as otherwise provided by this subchapter, 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 9.  Subchapter K, Chapter 1302, Occupations Code, is
  amended by adding Section 1302.502 to read as follows:
         Sec. 1302.502.  EXEMPTION FOR CERTAIN STUDENTS. A person is
  not required to be registered or certified under this subchapter to
  act or offer to act as an air conditioning and refrigeration
  technician if the person: 
               (1)  is a student in a certification training program;
  and
               (2)  is: 
                     (A)  younger than 18 years of age; or
                     (B)  enrolled at a secondary school. 
         SECTION 10.  The heading to Section 1302.503, Occupations
  Code, is amended to read as follows:
         Sec. 1302.503.  SUPERVISION REQUIREMENTS FOR TECHNICIANS
  [REGISTRANTS].
         SECTION 11.  The heading to Section 1302.5035, Occupations
  Code, is amended to read as follows:
         Sec. 1302.5035.  REGISTRATION ELIGIBILITY REQUIREMENTS.
         SECTION 12.  Subchapter K, Chapter 1302, Occupations Code,
  is amended by adding Section 1302.5036 to read as follows:
         Sec. 1302.5036.  CERTIFICATION ELIGIBILITY REQUIREMENTS.
  To be eligible for an air conditioning and refrigeration technician
  certification, an applicant must:
               (1)  be at least 18 years old;
               (2)  have completed:
                     (A)  in the preceding 48 months a certification
  training program; or
                     (B)  24 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)  have passed a competency examination
  administered, recognized, or accepted by the department.
         SECTION 13.  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 14.  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 15.  Section 1302.509, Occupations Code, is amended
  to read as follows:
         Sec. 1302.509.  LIMITATIONS ON TECHNICIAN [REGISTRANT]. A
  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 16.  Sections 1302.262(c) and 1302.508, Occupations
  Code, are repealed.
         SECTION 17.  Not later than April 1, 2018, the Texas
  Commission of Licensing and Regulation shall adopt rules
  implementing Chapter 1302, Occupations Code, as amended by this
  Act.
         SECTION 18.  (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 September 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 September 1,
  2018, and the former law is continued in effect for the purpose of
  that certification.
         SECTION 19.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3029 was passed by the House on May 4,
  2017, by the following vote:  Yeas 142, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3029 on May 26, 2017, by the following vote:  Yeas 137, Nays 8,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3029 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor