HBA-MPA H.B. 1064 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1064
By: Pickett
Licensing & Administrative Procedures
3/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Air Conditioning and Refrigeration Contractor License Law
(Article 8861, V.T.C.S.) (ACRCLL), requires any air conditioning or
refrigeration contractor doing business in Texas to hold either a municipal
or a state license, and provides for several exemptions from licensure,
most notably for apartment staff maintenance people and persons who perform
air conditioning services only on a motor vehicle air conditioner.  The
federal Clean Air Act governs the use of refrigerants used in the heating,
ventilation, and air conditioning industry, and some of that Act's
provisions were placed into Texas law by the 75th Legislature.  However, in
the development of applicable rules it became apparent that the language of
the law had inadvertently failed to exempt from the refrigerant purchasing
provisions persons who had been explicitly exempted from the ACRCLL.
H.B.1064 clarifies provisions in the previously enacted ACRCLL regarding
licensure, and specifically exempts from refrigerant purchasing
requirements those who had previously been explicitly exempt. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 6(a), Article 8861, V.T.C.S., to make conforming
and nonsubstantive changes. 

SECTION 2. Amends Section 10(g), Article 8861, V.T.C.S., to add to a list
of those who may purchase refrigerants: 

_employees of an electric or gas utility; 

_those who perform cooling and heating work for enumerated industrial
plants; 

_those who contract air conditioning and refrigeration on a portable or
self-contained air conditioning and refrigeration product with a capacity
of three tons or less or a heating product not requiring forced air
movement outside of the unit, or temporary air conditioning equipment not
fixed in place; and 

_those who perform air conditioning services only on a motor vehicle air
conditioner and their employer.  Makes nonsubstantive changes. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.