CHAPTER 1302. AIR CONDITIONING AND REFRIGERATION CONTRACTORS - Texas Statutes

OCCUPATIONS CODE

TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES

CHAPTER 1302. AIR CONDITIONING AND REFRIGERATION CONTRACTORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1302.001. SHORT TITLE. This chapter may be cited as the

Air Conditioning and Refrigeration Contractor License Law.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.002. DEFINITIONS. In this chapter:

(1) "Advisory board" means the air conditioning and

refrigeration contractors advisory board.

(2) "Air conditioning and refrigeration contracting" means

performing or offering to perform the design, installation,

construction, repair, maintenance, service, or modification of

equipment or a product in an environmental air conditioning

system, a commercial refrigeration system, or a process cooling

or heating system.

(3) "Air conditioning and refrigeration contracting company"

means a person who or business entity that engages in air

conditioning and refrigeration contracting for the public.

(4) "Air conditioning and refrigeration contractor" means a

person who engages in air conditioning and refrigeration

contracting.

(5) "Air conditioning and refrigeration maintenance work" means

all work, including repair work, required for the continued

normal performance of an environmental air conditioning system, a

process cooling or heating system, a commercial refrigeration

system, or commercial refrigeration equipment. The term does not

include:

(A) the total replacement of a system; or

(B) the installation or repair of a boiler or pressure vessel

that must be installed in accordance with rules adopted by the

commission under Chapter 755, Health and Safety Code.

(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.

(6) "Commercial refrigeration" means the use of mechanical or

absorption equipment to control temperature or humidity to

satisfy the intended use of a specific space.

(7) "Commission" means the Texas Commission of Licensing and

Regulation.

(8) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 2.012(1) and

Acts 2003, 78th Leg., ch. 1276, Sec. 14A.318(b).

(9) "Cooling capacity" means the nominal tonnage of compression

equipment based on 40 degrees Fahrenheit suction temperature and

105 degrees Fahrenheit condensing temperature.

(10) "Department" means the Texas Department of Licensing and

Regulation.

(11) "Environmental air conditioning" means treating air to

control temperature, humidity, cleanliness, ventilation, and

circulation to meet human comfort requirements.

(11-a) "Executive director" means the executive director of the

department.

(12) "Mechanical integrity" means the condition of a product, a

system, or equipment installed in accordance with its intended

purpose and according to:

(A) standards at least as strict as the standards provided by:

(i) the Uniform Mechanical Code; and

(ii) the International Mechanical Code;

(B) all other applicable codes; and

(C) the manufacturer's specifications.

(13) "MVAC-like appliance" has the meaning assigned that term by

40 C.F.R. Section 82.152.

(14) "Person" means an individual.

(15) "Process cooling or heating" includes controlling

temperature, humidity, or cleanliness solely for production

requirements or the proper operation of equipment.

(16) "Refrigerant" means a class I or class II substance as

listed in 42 U.S.C. Section 7671a and rules adopted under that

section.

(17) "Registered technician" means an air conditioning and

refrigeration technician who is registered with the department.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.001,

2.012(1), 26.028, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.

1276, Sec. 14A.318(b), (c), (d), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 1, eff. September 1, 2007.

Sec. 1302.003. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF

CERTAIN TRANSACTIONS. Except as otherwise provided by this

section, Chapter 601, Business & Commerce Code, does not

apply to a good or service provided by a license holder under

this chapter if the transaction involving the good or service is

initiated by the consumer. Chapter 601, Business & Commerce

Code, does apply to a transaction that involves a breach of

express warranty or a negligent installation in violation of a

building code applicable to the good or service sold to the

consumer.

Added by Acts 2009, 81st Leg., R.S., Ch.

937, Sec. 2, eff. June 19, 2009.

SUBCHAPTER B. EXEMPTIONS

Sec. 1302.051. LIMITATION ON EXEMPTIONS. The exemptions

provided by this subchapter do not exempt a person from the

application of Subchapter H, except as otherwise provided by

Subchapter H.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.052. APPLICATION OF MUNICIPAL ORDINANCES. Work

performed by a person who is exempt from this chapter is subject

to any permit, inspection, or approval required by a municipal

ordinance.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.053. HOMEOWNERS. This chapter does not apply to a

person who engages in air conditioning and refrigeration

contracting in a building owned solely by the person as the

person's home.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.054. CERTAIN MAINTENANCE PERSONNEL. This chapter does

not apply to a person who performs air conditioning and

refrigeration maintenance work if:

(1) the person is a maintenance person or maintenance engineer

and is a regular employee of the owner, lessee, or management

company of the property where the work is being performed;

(2) the person performs the work in connection with the business

in which the person is employed; and

(3) the person and the person's employer do not engage in air

conditioning and refrigeration contracting for the public.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.055. CERTAIN UTILITIES PERSONNEL. This chapter does

not apply to a person who engages in air conditioning and

refrigeration contracting and is regularly employed by a

regulated electric or gas utility.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.056. ENGINEERS. This chapter does not apply to a

person who is licensed as an engineer under Chapter 1001 and

engages in air conditioning and refrigeration contracting work in

connection with the business in which the person is employed but

does not engage in that work for the public.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.057. INDUSTRIAL OPERATION PERSONNEL. This chapter

does not apply to a person who is employed by an industrial

operation, including a chemical plant, petrochemical plant,

refinery, natural gas plant, or natural gas treating plant, and

performs process cooling or heating work for the operation.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.058. CERTAIN PRODUCTS OR EQUIPMENT. This chapter does

not apply to a person who engages in air conditioning and

refrigeration contracting on:

(1) a portable or self-contained ductless air conditioning

product that has a cooling capacity of three tons or less;

(2) a portable or self-contained heating product that does not

require the forced movement of air outside the heating unit;

(3) environmental air conditioning equipment that is intended

for temporary use and is not fixed in place; or

(4) a residential refrigerator, freezer, or ice machine.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.059. MOTOR VEHICLES. This chapter does not apply to a

person who engages in or employs a person who engages in air

conditioning services only on a motor vehicle or MVAC-like

appliance air conditioner.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.060. VENT HOODS. This chapter does not apply to a

person who installs, repairs, or removes a vent hood of the type

commonly used in residential or commercial kitchens.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.061. MANUFACTURED HOMES. This chapter does not apply

to a person or entity licensed as a manufacturer, retailer,

rebuilder, or installer under Chapter 1201 and engaged

exclusively in air conditioning and refrigeration contracting for

manufactured homes if the installation of air conditioning

components at the site where the home will be occupied is

performed by a person licensed under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.062. NO LICENSE REQUIRED FOR CERTAIN ASSISTANTS. A

person is not required to hold a license if the person assists in

air conditioning and refrigeration contracting under the

supervision of a license holder.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.063. NO EXEMPTION FOR CERTAIN PERSONS LICENSED UNDER

OTHER LAW. A person who is licensed and engaged in business in

this state as a plumber or who is regulated under Chapter 113,

Natural Resources Code, may not engage or offer or attempt to

engage in air conditioning and refrigeration contracting without

a license under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND DEPARTMENT POWERS AND DUTIES

Sec. 1302.101. GENERAL POWERS AND DUTIES. (a) The commission

shall adopt rules for the practice of air conditioning and

refrigeration contracting that are at least as strict as the

standards provided by:

(1) the Uniform Mechanical Code; and

(2) the International Mechanical Code.

(b) The executive director shall prescribe the design of an

original and a renewal license.

(c) The commission shall maintain a record of the commission's

proceedings under this chapter.

(d) The executive director may authorize disbursements necessary

to implement this chapter, including disbursements for office

expenses, equipment costs, and other necessary facilities.

(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.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.003, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 2, eff. September 1, 2007.

Sec. 1302.102. INSURANCE REQUIREMENTS. (a) The executive

director shall set insurance requirements for a license holder

under this chapter.

(b) The executive director may waive the insurance requirements

for a license holder who does not engage in air conditioning and

refrigeration contracting for the public.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.029, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.321, eff.

Sept. 1, 2003.

Sec. 1302.103. RULES REGARDING USE AND DISPLAY OF LICENSE. The

commission, with the advice of the advisory board, shall adopt

rules relating to the use, display, and advertisement of a

license.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.004, eff.

Sept. 1, 2003.

Sec. 1302.104. CONTRACTS FOR ENFORCEMENT. The department may

contract with another state agency or a political subdivision of

the state to enforce this chapter and rules adopted under this

chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.105. PERSONNEL; EXAMINERS. (a) The department may

employ personnel necessary to administer this chapter.

(b) The department shall employ at least two full-time air

conditioning and refrigeration contractors to serve as examiners.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.106. DIRECTORY OF LICENSE HOLDERS. (a) The

department shall annually publish a directory of license holders.

(b) The department may sell the directory on payment of a

reasonable fee set by the commission.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

SUBCHAPTER D. CONSUMER INTEREST INFORMATION AND COMPLAINTS

Sec. 1302.151. CONSUMER INTEREST INFORMATION. (a) The

executive director shall prepare information of consumer interest

describing:

(1) the functions performed by the executive director under this

chapter; and

(2) the rights of a consumer affected by this chapter.

(b) The information must describe the procedure by which a

consumer complaint is filed with and resolved by the executive

director.

(c) The executive director shall make the information available

to the public.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.030, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.323, eff.

Sept. 1, 2003.

SUBCHAPTER E. AIR CONDITIONING AND REFRIGERATION CONTRACTORS

ADVISORY BOARD

Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air conditioning

and refrigeration contractors advisory board consists of seven

members appointed by the presiding officer of the commission,

with the commission's approval, and two ex officio nonvoting

members. One member of the advisory board must be a public

member.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.005, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

457, Sec. 3, eff. September 1, 2009.

Sec. 1302.202. APPOINTED MEMBERS. (a) Each appointed advisory

board member must be experienced in the design, installation,

construction, maintenance, service, repair, or modification of

equipment used for environmental air conditioning, commercial

refrigeration, or process cooling or heating. Of the appointed

members:

(1) one must be an official of a municipality with a population

of more than 250,000;

(2) one must be an official of a municipality with a population

of not more than 250,000; and

(3) four must be full-time licensed air conditioning and

refrigeration contractors, as follows:

(A) one member who holds a Class A license and practices in a

municipality with a population of more than 250,000;

(B) one member who holds a Class B license and practices in a

municipality with a population of more than 250,000;

(C) one member who holds a Class A license and practices in a

municipality with a population of more than 25,000 but not more

than 250,000; and

(D) one member who holds a Class B license and practices in a

municipality with a population of not more than 25,000.

(b) At least one appointed advisory board member must be an air

conditioning and refrigeration contractor who employs organized

labor and at least two appointed members must be air conditioning

and refrigeration contractors who are licensed engineers.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.203. EX OFFICIO MEMBERS. The executive director and

the chief administrator of this chapter serve as ex officio,

nonvoting members of the advisory board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.031, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.323, eff.

Sept. 1, 2003.

Sec. 1302.204. ADVISORY BOARD DUTIES. (a) The advisory board

shall advise the commission in adopting rules and in

administering and enforcing this chapter.

(b) The advisory board shall advise the commission in setting

fees under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.006, eff.

Sept. 1, 2003.

Sec. 1302.205. TERMS; VACANCY. (a) Appointed advisory board

members serve staggered six-year terms. The terms of two

appointed members expire on February 1 of each odd-numbered year.

(b) If a vacancy occurs during an appointed member's term, the

presiding officer of the commission, with the commission's

approval, shall fill the vacancy for the remainder of the

unexpired term with a person who represents the same interests as

the predecessor.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.007, eff.

Sept. 1, 2003.

Sec. 1302.206. PRESIDING OFFICER. The presiding officer of the

commission, with the commission's approval, shall designate one

member of the advisory board to serve as presiding officer of the

board for two years.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.008, eff.

Sept. 1, 2003.

Sec. 1302.207. COMPENSATION; REIMBURSEMENT. An appointed

advisory board member serves without compensation but is entitled

to reimbursement for actual and necessary expenses incurred in

performing functions as an advisory board member, subject to any

applicable limitation on reimbursement provided by the General

Appropriations Act.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.208. MEETINGS. (a) The advisory board shall meet at

least every six months and may meet at other times at the call of

the presiding officer.

(b) The advisory board shall meet in this state at a place

designated by the board.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.209. VOTE REQUIRED FOR ACTION. A decision of the

advisory board is not effective unless it receives the

affirmative vote of at least four members.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

SUBCHAPTER F. LICENSE REQUIREMENTS

Sec. 1302.251. LICENSE REQUIRED. (a) A person may not engage

in air conditioning and refrigeration contracting unless the

person holds a license under this subchapter or Subchapter G.

(b) A license issued under this subchapter is valid throughout

the state. A person who holds a license issued under this

subchapter is not required to hold a municipal license under

Subchapter G to engage in air conditioning and refrigeration

contracting in any municipality in this state.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.252. REQUIREMENT FOR AIR CONDITIONING AND

REFRIGERATION CONTRACTING COMPANY. (a) An air conditioning and

refrigeration contracting company must employ full-time in each

permanent office a license holder who holds an appropriate

license assigned to that company.

(b) A company that does not employ a license holder as required

by Subsection (a) at the time a contract for air conditioning and

refrigeration contracting services is signed and at the time the

services are performed may not collect a fee or otherwise enforce

the contract.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.253. LICENSE CLASSIFICATIONS. (a) The executive

director shall issue a Class A or Class B air conditioning and

refrigeration contractor license.

(b) A Class A license entitles the license holder to engage in

each type of air conditioning and refrigeration contracting that

is endorsed on the license in relation to a system, a product, or

equipment of any size or capacity.

(c) A Class B license entitles the license holder to engage in

each type of air conditioning and refrigeration contracting that

is endorsed on the license in relation to a system, a product, or

equipment of not more than:

(1) 25 tons cooling capacity; or

(2) 1.5 million British thermal units per hour output heating

capacity.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.032, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.325, eff.

Sept. 1, 2003.

Sec. 1302.254. LICENSE ENDORSEMENTS. (a) An air conditioning

and refrigeration contractor license must be endorsed with one or

both of the following endorsements:

(1) an environmental air conditioning endorsement; or

(2) a commercial refrigeration and process cooling or heating

endorsement.

(b) An environmental air conditioning endorsement entitles the

license holder to engage in air conditioning and refrigeration

contracting for environmental air conditioning within the class

of license held.

(c) A commercial refrigeration and process cooling or heating

endorsement entitles the license holder to engage in air

conditioning and refrigeration contracting for commercial

refrigeration and process cooling or heating within the class of

license held.

(d) A license holder may not engage in a type of air

conditioning and refrigeration contracting for which the person's

license is not endorsed.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.255. ELIGIBILITY REQUIREMENTS. (a) An applicant for

a license under this chapter must:

(1) be at least 18 years old; and

(2) have at least 36 months of practical experience with the

tools of the trade in the preceding five years.

(b) For purposes of determining an applicant's practical

experience under Subsection (a)(2), a degree or diploma in air

conditioning engineering, refrigeration engineering, or

mechanical engineering is equivalent to two years of practical

experience if:

(1) the degree or diploma is from an institution of higher

education; and

(2) the institution's program is approved by the Texas Board of

Professional Engineers for the purpose of licensing engineers.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.256. APPLICATION; FEE. (a) An applicant for a

license must submit a verified application on a form prescribed

by the executive director.

(b) The application must specify the class of license and each

endorsement for which the applicant is applying.

(c) The application must be accompanied by:

(1) a statement containing evidence satisfactory to the

executive director of the applicant's practical experience

required by Section 1302.255(a)(2); and

(2) the examination fee.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.033, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.326, eff.

Sept. 1, 2003.

Sec. 1302.257. EXAMINATIONS. (a) The executive director shall

prescribe:

(1) a separate examination for each class of license; and

(2) within each class of license, a separate examination for:

(A) an environmental air conditioning endorsement; and

(B) a commercial refrigeration and process cooling or heating

endorsement.

(b) The executive director shall prescribe the method and

content of an examination administered under this chapter and

shall set compliance requirements for the examination. To obtain

an endorsement, an applicant must pass the examination for the

endorsement.

(c) The examination shall be offered on a monthly basis or more

frequently as determined by the executive director.

(d) The examination shall be offered at locations within the

state as determined by the executive director. The examination

may be offered by computer at locations within the state as

determined by the executive director.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.034, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.327, eff.

Sept. 1, 2003.

Sec. 1302.260. ISSUANCE AND TERM OF LICENSE. (a) On payment of

the license fee, the executive director shall issue an air

conditioning and refrigeration contractor license to an applicant

who:

(1) meets the requirements of this subchapter;

(2) provides evidence of insurance coverage required by the

executive director in accordance with this chapter; and

(3) passes the applicable examination.

(b) A license issued under this chapter expires at the end of

the license period set by the commission.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.035, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.330, eff.

Sept. 1, 2003.

Sec. 1302.261. TEMPORARY LICENSE. The commission by rule may

provide for the issuance of a temporary air conditioning and

refrigeration contracting license to an applicant who:

(1) submits to the executive director an application on a form

prescribed by the executive director; and

(2) pays the required fees.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.009, eff.

Sept. 1, 2003.

Sec. 1302.262. NOTICE TO MUNICIPALITIES. (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.

(b) The notice must inform the municipality that the person has

obtained a license under this subchapter and must be in the form

required by the municipality.

(c) A municipality may charge a fee to a person who provides the

notice required by this section. The municipality shall set the

fee in an amount reasonable and necessary to administer this

section.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

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) 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.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 3, eff. September 1, 2007.

SUBCHAPTER G. MUNICIPAL LICENSING AND REGULATION

Sec. 1302.301. MUNICIPAL LICENSE. An air conditioning and

refrigeration contractor license issued by a municipality of this

state and that complies with the requirements of this subchapter

is valid under the terms of the license within the municipality.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.302. MUNICIPAL LICENSE: ELIGIBILITY REQUIREMENTS. An

applicant for a municipal license must:

(1) pass an examination that covers the same subjects as the

examination required under Subchapter F for a license of the

class that entitles the holder of the license to perform the work

the applicant proposes to perform; and

(2) meet experience requirements that are at least as strict as

the requirements under Section 1302.255(a)(2).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.303. MUNICIPAL AIR CONDITIONING AND REFRIGERATION

STANDARDS. (a) A municipality may by ordinance adopt and

enforce standards for air conditioning and refrigeration

contractors that are consistent with the standards established

under this chapter.

(b) The municipality shall report a violation of the ordinance

to the executive director not later than the 10th day after the

date the municipality acts to enforce the ordinance.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.036, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.332, eff.

Sept. 1, 2003.

SUBCHAPTER H. SALE AND USE OF REFRIGERANTS

Sec. 1302.351. APPLICATION OF SUBCHAPTER. This subchapter does

not apply to:

(1) a "small appliance" as defined by 40 C.F.R. Section 82.152,

as amended; or

(2) a person who is exempt from this chapter under Section

1302.055, 1302.057, or 1302.059.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.352. COMPLIANCE WITH FEDERAL REQUIREMENTS. (a) A

person who purchases, sells, or uses a refrigerant in this state

shall comply with the requirements of the federal Clean Air Act

(42 U.S.C. Section 7401 et seq.) and rules adopted under that

Act.

(b) Consistent with Subsection (a), the department shall

regulate the sale and use of a refrigerant as provided by this

subchapter.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.353. PURCHASE OF REFRIGERANT: LICENSE OR REGISTRATION

REQUIRED. (a) Except as provided by Subsection (b), a person

may not purchase a refrigerant or equipment containing a

refrigerant in this state unless the person holds:

(1) a license under Subchapter F or G; or

(2) a certificate of registration issued by the department under

this subchapter.

(b) A person authorized to purchase a refrigerant under other

state or federal law may purchase a refrigerant if the person's

use is exempt from this chapter under Section 1302.053, 1302.055,

1302.057, 1302.058, or 1302.059.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.354. REGISTRATION. (a) A person who is exempt from

this chapter under Section 1302.054 or 1302.056 must obtain a

certificate of registration from the department to purchase a

refrigerant.

(b) The commission by rule shall adopt requirements governing

the registration and issuance of a certificate of registration.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.010, eff.

Sept. 1, 2003.

Sec. 1302.355. PURCHASE OF REFRIGERANT: EVIDENCE REQUIREMENT.

(a) Except as provided by Subsection (b), a person who

purchases a refrigerant must provide to the seller evidence of

the person's compliance with the applicable license or

registration requirement under this chapter.

(b) A purchaser described by Section 1302.353(b) is not required

to provide evidence of the person's exemption to a seller.

(c) The commission by rule shall establish requirements for

evidence that satisfies this section.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 2.011, eff.

Sept. 1, 2003.

Sec. 1302.356. SALE OR USE OF CERTAIN REFRIGERANTS PROHIBITED.

A person may not:

(1) 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; or

(2) use a flammable refrigerant or refrigerant substitute that

contains a liquid petroleum-based product in the maintenance or

installation of any system relating to aircraft.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

SUBCHAPTER I. DISCIPLINARY ACTION AND PROCEDURES

Sec. 1302.401. DISCIPLINARY ACTION. (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 a municipal ordinance adopted under Section

1302.303.

(b) A violation of this chapter includes:

(1) failing to provide proper installation, service, or

mechanical integrity;

(2) intentionally or knowingly misrepresenting a necessary

service, service to be provided, or service that has been

provided; or

(3) making a fraudulent promise to induce a person to contract

for services.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 4, eff. September 1, 2007.

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.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 5, eff. September 1, 2007.

SUBCHAPTER J. PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 1302.451. EMERGENCY AND CEASE AND DESIST ORDERS. (a) The

executive director may issue an emergency order as necessary to

enforce this chapter if the executive director determines that an

emergency exists requiring immediate action to protect the public

health and safety.

(b) The executive director may issue the emergency order without

notice and hearing or with any notice and hearing the executive

director considers practicable under the circumstances. The

executive director shall set the time and place for a hearing to

affirm, modify, or set aside an emergency order that was issued

without a hearing.

(c) The executive director may issue a cease and desist order.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.037, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.335, eff.

Sept. 1, 2003.

Sec. 1302.452. CITATIONS FOR CERTAIN VIOLATIONS. (a) A

municipal or county official may issue a citation to an air

conditioning and refrigeration contracting company that engages

in air conditioning and refrigeration contracting without

complying with Section 1302.252.

(b) The department or a municipal air conditioning or

refrigeration inspector within the jurisdiction of the

municipality in which a violation occurs may issue a citation to

a person who violates Section 1302.353(a) or 1302.355(a).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Sec. 1302.453. CRIMINAL PENALTY. (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) purchases a refrigerant or equipment containing a

refrigerant in this state in violation of Section 1302.353,

1302.355, or 1302.356.

(b) It is an exception to the application of this section with

respect to a purchase of a refrigerant or equipment containing a

refrigerant in this state in violation of Section 1302.356 that

the refrigerant or equipment is purchased for use only in a motor

vehicle and that use is authorized by the United States

Environmental Protection Agency.

(c) An offense under this section is a Class C misdemeanor.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

365, Sec. 1, eff. June 17, 2005.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 6, eff. June 30, 2008.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 6, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 6, eff. June 30, 2008.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 6, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 6, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 6, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 6, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1174, Sec. 6, eff. September 1, 2007.