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2005 Texas Occupations Code CHAPTER 1302. AIR CONDITIONING AND REFRIGERATION CONTRACTORS
OCCUPATIONS CODE CHAPTER 1302. AIR CONDITIONING AND REFRIGERATION CONTRACTORS SUBCHAPTER A. GENERAL PROVISIONS § 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, § 3, eff. June 1, 2003. § 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. (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 (8) Repealed by Acts 2003, 78th Leg., ch. 816, § 2.012(1) and Acts 2003 78th Leg., ch. 1276, § 14A.318(b).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. Added by Acts 2001, 77th Leg., ch. 1421, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.001, 2.012(1), 26.028, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.318(a) to (d), eff. Sept. 1, 2003.SUBCHAPTER B. EXEMPTIONS § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003.SUBCHAPTER C. POWERS AND DUTIES § 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. Added by Acts 2001, 77th Leg., ch. 1421, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.003, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.029, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.321, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.004, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003.SUBCHAPTER D. CONSUMER INTEREST INFORMATION AND COMPLAINTS § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.030, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.323, eff. Sept. 1, 2003.SUBCHAPTER E. AIR CONDITIONING AND REFRIGERATION CONTRACTORS ADVISORY BOARD § 1302.201. ADVISORY BOARD MEMBERSHIP. The air conditioning and refrigeration contractors advisory board consists of six members appointed by the presiding officer of the commission, with the commission's approval, and two ex officio nonvoting members. Added by Acts 2001, 77th Leg., ch. 1421, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.005, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.031, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.323, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.006, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.007, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.008, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003.SUBCHAPTER F. LICENSE REQUIREMENTS § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.032, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.325, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.033, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.326, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.034, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.327, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.035, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.330, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.009, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. § 1302.263. LIMITATION ON LICENSE HOLDER. A person licensed under this chapter may not perform or offer or attempt to perform an act, service, or function that is: (1) defined as the practice of engineering under Chapter 1001, unless the person holds a license under that chapter; (2) regulated under Chapter 113, Natural Resources Code, unless the person holds a license or is exempt by rule under that chapter; or (3) defined as plumbing under Chapter 1301, unless the person holds a license under that chapter. Added by Acts 2001, 77th Leg., ch. 1421, § 3, eff. June 1, 2003.SUBCHAPTER G. MUNICIPAL LICENSING AND REGULATION § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.036, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.332, eff. Sept. 1, 2003.SUBCHAPTER H. SALE AND USE OF REFRIGERANTS § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.010, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 2.011, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003.SUBCHAPTER I. DISCIPLINARY ACTION AND PROCEDURES § 1302.401. DISCIPLINARY ACTION. (a) A person is subject to the denial of an application or disciplinary action under Section 51.353 if the person: (1) violates this chapter or a rule adopted under this chapter; or (2) is convicted of an offense under 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, § 3, eff. June 1, 2003. § 1302.402. ADMINISTRATIVE PROCEDURES. A proceeding for the denial of a license 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, § 3, eff. June 1, 2003.SUBCHAPTER J. PENALTIES AND ENFORCEMENT PROVISIONS § 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, § 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, § 26.037, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 14A.335, eff. Sept. 1, 2003. § 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, § 3, eff. June 1, 2003. § 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, § 3, eff. June 1, 2003. Amended by Acts 2005, 79th Leg., ch. 365, § 1, eff. June 17, 2005.
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