This Act may be cited as the "Air Conditioning and Refrigeration Contractor License Law."

In this Act:

(a) The commissioner shall adopt rules for the practice of air conditioning and refrigeration contracting consistent with this Act. The standards prescribed by rule must be at least as strict as the standards set forth in the Uniform Mechanical Code published jointly by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials or the Standard Mechanical Code published by the Southern Building Code Congress International, Inc., as those codes exist at the time the rules are adopted. The commissioner shall enforce this Act and may adopt rules relating to enforcement requirements.

(b) The commissioner may issue an emergency order as necessary to enforce this Act if the commissioner determines that an emergency exists requiring immediate action to protect the public health and safety. The order may be issued without notice and hearing or with any notice and hearing that the commissioner considers practicable under the circumstances. If an emergency order is issued under this subsection without a hearing, the commissioner shall set the time and place for a hearing to affirm, modify, or set aside the emergency order.

(c) Deleted as mandated by HB 863.

(d) The commissioner shall prescribe application forms for original and renewal licenses and the design of the licenses.

(e) The commissioner shall prescribe the method and content of examinations administered under this Act and shall set compliance requirements for the examinations. The examinations shall be offered at locations within the state determined by the commissioner and shall be offered on a monthly basis or more frequently as determined by the commissioner. The examination may be offered by computer at locations within the state determined by the commissioner. Paragraph (e) amended effective September 1, 1997 by Acts of the 75th Legislature

(f) The commissioner shall set insurance requirements for persons licensed under this Act. The commissioner may waive the insurance requirements for licensees who do not contract with the general public.

(g) The department may employ the personnel necessary to implement this Act. The department shall employ at least two full-time air conditioning and refrigeration contractors to serve as examiners.

(h) The commissioner may authorize necessary disbursements to implement this Act, including office expenses, costs of equipment, and other necessary facilities.

(i) Deleted as mandated by HB 863.

(j) The commissioner shall maintain a record of his proceedings under this Act.

(k) The department shall publish annually a directory of the persons licensed under this Act. The department may sell the directory on payment of a reasonable fee set by the commission. The fees collected under this subsection shall be appropriated to the department for use in the administration of this Act.

(l) The department may contract with another state agency or a political subdivision of the state for the enforcement of this Act and the rules adopted by the commissioner under this Act. Paragraph (l) effective September 1, 1993 by Acts of the 73rd Legislature

(m) A representative of the commission or a municipal air conditioning or refrigeration inspector within the jurisdiction of the municipality may issue a citation to a person who violates Section 10(e) or (f). Subsection (m) effective September 1, 1997 by Acts of the 75th Legislature

(a) The Air Conditioning and Refrigeration Contractors Advisory Board is created to advise the commissioner in adopting rules and enforcing and administering this Act and to advise the commission in setting fees.

(b) The advisory board is composed of six members appointed by the governor with the advice and consent of the senate who are experienced in the design, installation, construction, maintenance, service, repair, alteration, or modification of equipment used for environmental air conditioning, commercial refrigeration, or process cooling or heating. A member of the advisory board serves a term of six years, with terms expiring on February 1 of odd-numbered years.

(c) The governor shall appoint the advisory board members as follows:

(1) one member must be an official of a municipality with a population of not more than 250,000;

(2) one member must be an official of a municipality with a population greater than 250,000;

(3) four members must be full-time licensed air conditioning and refrigeration contractors, as follows:

(A) one member must hold a Class A license and must practice in a municipality with a population greater than 250,000;

(B) one member must hold a Class B license and must practice in a municipality with a population greater than 250,000;

(C) one member must hold a Class A license and must practice in a municipality with a population greater than 25,000 but not more than 250,000; and

(D) one member must hold a Class B license and must practice in a municipality with a population of not more than 25,000;

(d) For the purposes of Subsection (c) of this section, "population" means population according to the most recent federal decennial census.

(e) The governor shall designate one member of the board to serve as chairman. The commissioner and the chief administrator of this Act serve as ex officio, nonvoting members of the advisory board. On the resignation, death, suspension, or incapacity of any member, the governor shall fill the vacancy for the remainder of the unexpired term with an individual who represents the same interests with which the predecessor was identified.

(f) In appointing the air conditioning and refrigeration contractor members of the advisory board, at least one of those appointees should be an air conditioning and refrigeration contractor who employs organized labor, and at least two of those appointees should be registered professional engineers.

(g) The advisory board shall meet at least every six months and may meet at other times at the call of the chairman. The advisory board shall meet at a place designated by the board within the State of Texas. A decision of the advisory board is not effective unless it receives the affirmative vote of at least four members.

(a) Air conditioning and refrigeration contractor licenses are of two classes:

(1) A Class A license entitles the licensee to perform air conditioning and refrigeration contracting, of each type for which the license is endorsed, on systems, products, or equipment of any size or capacity; and

(2) A Class B license entitles the licensee to perform air conditioning and refrigeration contracting, of each type for which the license is endorsed, on systems, products, or equipment of not more than 25 tons cooling capacity or of not more than 1.5 million British thermal units per hour output heating capacity.

(b) Endorsements are of two types:

(1) an environmental air conditioning endorsement entitles the licensee to perform air conditioning and refrigeration contracting in relation to environmental air conditioning within the class of license held; and

(2) a commercial refrigeration and process cooling and heating endorsement entitles the licensee to perform air conditioning and refrigeration contracting in relation to commercial refrigeration and process cooling and heating within the class of license held.

(c) Each license shall be endorsed for either environmental air conditioning or commercial refrigeration and process cooling and heating, or both. For each endorsement the licensee must perform satisfactorily on a separate examination related to the endorsement. A licensee may not perform under a state license air conditioning and refrigeration contracting of a type for which the person's license is not endorsed.

(d) The commissioner shall prescribe separate examinations for each class of license and, within each class, separate examinations for environmental air conditioning and for commercial refrigeration and process cooling and heating.

(e) An applicant for an air conditioning and refrigeration contractor license must be at least 18 years old and must present to the commissioner satisfactory evidence of at least 36 months of practical experience with the tools of the trade in the preceding five years. For purposes of the experience requirement, a degree or diploma in air conditioning engineering, refrigeration engineering or mechanical engineering from an institution of higher education whose program is approved by the Texas State Board of Registration for Professional Engineers for the purpose of licensing professional engineers is considered the equivalent of two years of practical experience.

(f) The application must be made on a form prescribed by the commissioner and must specify the class of license and each endorsement the applicant seeks. The application must be verified and must be accompanied by:

(1) evidence of the insurance coverage required under this Act;

(2) a statement of the applicant's practical experience; and

(3) the examination fee.

(g) The commissioner shall issue an air conditioning and refrigeration contractor license to an applicant who possesses the required qualifications, passes the appropriate examinations, and pays the examination fee and the original license fee required by this Act. An applicant who fails an examination is eligible for reexamination.

(h) A license issued under this Act expires at the end of the license period set by the commission.

(i) With the advice of the advisory board, the commissioner shall adopt rules relating to the use, display, and advertisement of a licensee's license.

(a) Not later than the 30th day after the date on which an examination is administered under this Act, the commissioner shall notify each examinee of the results of the examination. However, if an examination is graded or reviewed by a national testing service, the commissioner shall notify examinees of the results of the examination not later than the 14th day after the date on which the commissioner receives the results from the testing service. If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the commissioner shall notify the examinee of the reason for the delay before the 90th day.

(b) If requested in writing by a person who fails the examination, the commissioner shall furnish the person with an analysis of the person's performance on the examination.

The commissioner may recognize, prepare, or administer continuing education programs for licensees. Participation in the programs is voluntary.

The commissioner may waive any license requirement for an applicant with a valid license from another state with which this state has a reciprocity agreement.

(a) The commissioner, by rule, may provide for the issuance of a temporary license to perform air conditioning and refrigeration contracting.

(b) The commissioner may issue a temporary license to an applicant who applies to the commissioner on a form prescribed by the commissioner and pays the required fees.

(a) A violation of this Act or a rule adopted under this Act is a ground for the denial, suspension, or revocation of a license issued under this Act. The failure to provide proper installation, service, and mechanical integrity under this Act constitutes a violation of this Act. An intentional or knowing misrepresentation of necessary services, services to be provided,or services that have been provided, or a fraudulent promise made to influence, persuade, or induce an individual to contract for services constitutes a violation of this Act and a ground for the suspension or revocation of a license issued under this Act.

(b) Proceedings for the denial, suspension, or revocation of a license and appeals from those proceedings are governed by the Administrative Procedure and Texas Register Act, as amended (Article 6252-13a, Vernon's Texas Civil Statutes).

(a) The commissioner shall prepare information of consumer interest describing the functions performed by the commissioner under this Act and the rights of consumers as affected by this Act. The information must describe the procedure by which a consumer complaint is filed with and resolved by the commissioner. The commissioner shall make the information available to the general public.

Each person licensed under this Act shall notify the municipal authority who has control of the enforcement of regulations relative to air conditioning and refrigeration contracting in the municipality in which the person is engaged in air conditioning and refrigeration contracting that the person has obtained a state license. The notification must be in the form required by the municipality.

(a) A license issued by a municipality of this state is valid under the terms of the license within that municipality. However, a license issued under this Act is valid throughout the state, and the holder and people under supervision are not required to hold a municipal license to practice air conditioning and refrigeration contracting in any municipality within this state.

(b) A municipality may by ordinance adopt and enforce standards for air conditioning and refrigeration contractors that are consistent with the standards established under this Act. The municipality shall report violations of the ordinance to the commissioner not later than the 10th day after the date on which the municipality takes action to enforce the ordinance. Conviction of an offense under the municipal ordinance is a ground for the denial, suspension, or revocation of a license issued under this Act.

(a) In this section, "refrigerant" means a class I or class II substance, as listed in Section 602, Clean Air Act Amendments of 1990 (42 U.S.C. Section 7671a), and federal administrative rules adopted under that section.

(b) Each person who purchases, sells, or uses a refrigerant in this state shall comply with the requirements of the federal Clean Air Act and the federal administrative rules adopted under that Act. Consistent with that requirement, the department shall regulate the use and sale of refrigerants as provided by this section.

(c) A person may not sell a flammable refrigerant or refrigerant substitute that contains a liquid petroleum-based product for use in an automotive, aviation, commercial, or residential air conditioning or refrigeration system. A flammable refrigerant or refrigerant substitute that contains a liquid petroleum-based product may not be used in the maintenance or installation of any system relating to an airplane or other aircraft.