reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter C. Executive Director and Department Powers and Duties › Section 1302.103. Rules Regarding Use and Display of License

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter C. Executive Director and Department Powers and Duties › Section 1302.104. Contracts for Enforcement

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter C. Executive Director and Department Powers and Duties › Section 1302.105. Personnel

Sec. 1302.105.  PERSONNEL.   The department may employ personnel necessary to administer this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 8, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter D. Consumer Interest Information and Complaints › Section 1302.151. Consumer Interest Information

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter E. Air Conditioning and Refrigeration Contractors Advisory Board › Section 1302.201. Advisory Board Membership

Sec. 1302.201.  ADVISORY BOARD MEMBERSHIP.  The air conditioning and refrigeration contractors advisory board consists of nine 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 (H.B. 2548), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 926 (H.B. 1503), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter E. Air Conditioning and Refrigeration Contractors Advisory Board › Section 1302.202. Appointed Members

Sec. 1302.202.  APPOINTED MEMBERS.  (a)  Except for the public member and the building contractor member, 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.  Other than the public member, 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;
(3)  five 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;
(D)  one member who holds a Class B license and practices in a municipality with a population of not more than 25,000; and
(E)  one member who holds a license of any classification under this chapter, is principally engaged in air conditioning and refrigeration contracting, and practices in a municipality; and
(4)  one must be a building contractor who is principally engaged in home construction and is a member of a statewide building trade association.
(b)  At least one advisory board member appointed under Subsection (a)(3) must be an air conditioning and refrigeration contractor who employs organized labor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 9, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 926 (H.B. 1503), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter E. Air Conditioning and Refrigeration Contractors Advisory Board › Section 1302.203. Ex Officio Members

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter E. Air Conditioning and Refrigeration Contractors Advisory Board › Section 1302.204. Advisory Board Duties

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter E. Air Conditioning and Refrigeration Contractors Advisory Board › Section 1302.205. Terms; Vacancy

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter E. Air Conditioning and Refrigeration Contractors Advisory Board › Section 1302.206. Presiding Officer

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter E. Air Conditioning and Refrigeration Contractors Advisory Board › Section 1302.207. Compensation; Reimbursement

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter E. Air Conditioning and Refrigeration Contractors Advisory Board › Section 1302.208. Meetings

Sec. 1302.208.  MEETINGS.  (a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(21), eff. September 1, 2021.
(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.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(21), eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.251. License Required

Sec. 1302.251.  LICENSE REQUIRED.  (a)  A person may not engage in air conditioning and refrigeration contracting unless the person holds an air conditioning and refrigeration contractor license under this subchapter or Subchapter G.
(b)  An air conditioning and refrigeration contractor 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.
(c)  A person holding an air conditioning and refrigeration contractor license may assign that license to only one permanent office of one air conditioning and refrigeration contracting company.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 11, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.252. Requirement for Air Conditioning and Refrigeration Contracting Company

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.253. License Classifications

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.254. License Endorsements

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.256. Application; Fee

Sec. 1302.256.  APPLICATION;  FEE.  (a)  An applicant for an air conditioning and refrigeration contractor 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; and
(2)  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. 26.033, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.326, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 13, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.257. Examinations

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 subchapter and shall set compliance requirements for the examination.  To obtain an endorsement, an applicant must pass the examination for the endorsement.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1017, Sec. 23(4), eff. June 17, 2011.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1017, Sec. 23(4), eff. June 17, 2011.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 14, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 23(4), eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.260. Issuance and Term of License

Sec. 1302.260.  ISSUANCE AND TERM OF LICENSE.  (a)  The department shall issue an air conditioning and refrigeration contractor license to an applicant who:
(1)  submits a verified application;
(2)  passes the applicable examination;
(3)  meets the requirements of this chapter and rules adopted under this chapter;
(4)  pays the required fees; and
(5)  provides evidence of insurance coverage required by rule in accordance with this chapter.
(b)  A license issued under this chapter expires on the first anniversary of the date of issuance.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 15, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.261. Temporary License

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.262. Notice to Municipalities

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, if the municipality requires the notice.
(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)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 16, eff. September 1, 2017.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter F. Air Conditioning and Refrigeration Contractors › Section 1302.263. Limitation on License Holder

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 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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1174 (H.B. 463), Sec. 3, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 16, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter G. Municipal Licensing and Regulation › Section 1302.301. Municipal License

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter G. Municipal Licensing and Regulation › Section 1302.302. Municipal License: Eligibility Requirements

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter G. Municipal Licensing and Regulation › Section 1302.303. Municipal Air Conditioning and Refrigeration Standards

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter G. Municipal Licensing and Regulation › Section 1302.304. Municipal Fees

Sec. 1302.304.  MUNICIPAL FEES.  (a)  A municipality may not charge a registration fee to a person who holds a license issued under Subchapter F for:
(1)  work performed in the municipality; or
(2)  notice provided under Section 1302.262.
(b)  This section does not prohibit a municipality from charging a building permit fee.
Added by Acts 2021, 87th Leg., R.S., Ch. 229 (H.B. 871), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter I. Disciplinary Action and Procedures › Section 1302.401. Disciplinary Action

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 (H.B. 463), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter I. Disciplinary Action and Procedures › Section 1302.402. Administrative Procedures

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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1174 (H.B. 463), Sec. 5, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter J. Penalties and Enforcement Provisions › Section 1302.451. Emergency and Cease and Desist Orders

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.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter J. Penalties and Enforcement Provisions › Section 1302.452. Citations for Certain Violations

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)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 415, Sec. 3(3), eff. June 14, 2013.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 415 (S.B. 383), Sec. 3(3), eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter J. Penalties and Enforcement Provisions › Section 1302.453. Criminal Penalty

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)  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.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 415, Sec. 3(4), eff. June 14, 2013.
(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 (S.B. 1290), Sec. 1, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 17, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 415 (S.B. 383), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 415 (S.B. 383), Sec. 3(4), eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.501. Registration or Certification Required

Sec. 1302.501.  REGISTRATION OR CERTIFICATION REQUIRED.  (a)  Except as otherwise provided by this subchapter, 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 1174 (H.B. 463), Sec. 6, eff. June 30, 2008.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 18, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.502. Exemption for Certain Students

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 who acts or offers to act as an air conditioning and refrigeration technician solely as part of the program; and
(2)  is  enrolled at a secondary school or an institution of higher education, as that term is defined by Section 1302.5037.
Added by Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 9, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 321 (H.B. 1859), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.503. Supervision Requirements for Technicians and Minors

Sec. 1302.503.  SUPERVISION REQUIREMENTS FOR TECHNICIANS AND MINORS.  (a) An air conditioning and refrigeration technician must be supervised by an air conditioning and refrigeration contractor licensed under this chapter.
(b)  A person who is younger than 18 years of age and acting or offering to act as an air conditioning and refrigeration technician must at all times work under the direct supervision of a licensed air conditioning and refrigeration contractor or a certified air conditioning and refrigeration technician.
Added by Acts 2007, 80th Leg., R.S., Ch. 1174 (H.B. 463), Sec. 6, eff. June 30, 2008.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 321 (H.B. 1859), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.5035. Registration Eligibility Requirements

Sec. 1302.5035.  REGISTRATION ELIGIBILITY REQUIREMENTS.  (a)  An applicant for a technician registration under this subchapter must be at least 16 years old.
(b)  An applicant for a technician registration is not required to have practical experience or to take an examination to obtain the registration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 19, eff. June 17, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 11, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 321 (H.B. 1859), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.5036. Certification Eligibility Requirements

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)  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.
Added by Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 12, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 321 (H.B. 1859), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.5037. Career and Technology Education Program for Technician Certification; Instructors

Sec. 1302.5037.  CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR TECHNICIAN CERTIFICATION; INSTRUCTORS.  (a) In this section:
(1)  "Career and technology education program" means:
(A)  a career and technology education program under Subchapter F, Chapter 29, Education Code; or
(B)  a program determined by the department to be similar to that described by Paragraph (A) and offered by:
(i)  an institution of higher education; or
(ii)  a private school, as defined by Section 5.001, Education Code.
(2)  "Institution of higher education" means an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code.
(b)  The department shall recognize a career and technology education program as a certification training program for purposes of Section 1302.5036.
(c)  The commission by rule shall establish standards for the essential knowledge and skills of a career and technology education program described by Subsection (a), subject to the approval of the State Board of Education if the courses are to be offered in a high school.  The rules must:
(1)  require the program to consist of an appropriate number of hours of classroom instruction and a practical component; and
(2)  provide for crediting appropriate on-the-job training toward meeting the requirements of the practical component.
(d)  A person may not provide instruction in a career and technology education program unless the person is:
(1)  a licensed air conditioning and refrigeration contractor; or
(2)  a certified air conditioning and refrigeration technician whose certification was issued on or after September 1, 2018.
(e)  A career and technology education program offered by an institution of higher education may not be more stringent than a program offered by a public high school.
Added by Acts 2023, 88th Leg., R.S., Ch. 321 (H.B. 1859), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.504. Application; Fee

Sec. 1302.504.  APPLICATION; FEE.  (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.
(b)  The completed application must be accompanied by the required fees.
Added by Acts 2007, 80th Leg., R.S., Ch. 1174 (H.B. 463), Sec. 6, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 20, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.505. Issuance and Term of Registration

Sec. 1302.505.  ISSUANCE AND TERM OF REGISTRATION.  (a)  The department shall issue an air conditioning and refrigeration technician registration to an applicant who:
(1)  submits a verified application;
(2)  meets the requirements of this chapter and rules adopted under this chapter; and
(3)  pays the required fees.
(b)  A registration issued under this subchapter is valid for one year from the date of issuance.
Added by Acts 2007, 80th Leg., R.S., Ch. 1174 (H.B. 463), Sec. 6, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 21, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.5055. Issuance and Term of Certification

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.506. Temporary Registration

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 (H.B. 463), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1302 - Air Conditioning and Refrigeration Contractors › Subchapter K. Air Conditioning and Refrigeration Technicians › Section 1302.509. Limitations on Technician

Sec. 1302.509.  LIMITATIONS ON TECHNICIAN.  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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 22, eff. June 17, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 880 (H.B. 3029), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter A. General Provisions › Section 1304.001. Short Title

Sec. 1304.001.  SHORT TITLE.  This chapter may be cited as the Service Contract Regulatory Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter A. General Provisions › Section 1304.002. Definitions

Sec. 1304.002.  DEFINITIONS.  In this chapter:
(1)  "Administrator" means a person, other than the provider of the service contract or an employee of the provider, who is responsible for the third-party administration of a service contract.
(2)  "Commission" means the Texas Commission of Licensing and Regulation.
(3)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 13.010(1);  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.337(a).
(4)  "Consumer" means an individual who, for a purpose other than resale, buys tangible personal property that is:
(A)  distributed in commerce;  and
(B)  normally used for personal, family, or household purposes and not for business or research purposes.
(5)  "Department" means the Texas Department of Licensing and Regulation.
(5-a)  "Executive director" means the executive director of the department.
(6)  "Person" means an individual or an association, company, corporation, partnership, or other group.
(7)  "Provider" means a person who is contractually obligated to a service contract holder under the terms of a service contract.
(8)  "Reimbursement insurance policy" means a policy of insurance issued to a provider to:
(A)  reimburse the provider under a service contract the provider issued or sold;  or
(B)  pay on behalf of the provider all covered contractual obligations that are incurred by the provider under a service contract the provider issued or sold and that the provider does not perform.
(8-a)  "Seller" means a person, other than the provider or administrator of a service contract, who markets, sells, offers to sell, negotiates, or issues a service contract to a consumer on behalf of a provider, but who is not contractually obligated to a service contract holder under the terms of a service contract.
(9)  "Service contract holder" means a person who purchases or otherwise holds a service contract.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 13.001, 13.010(1), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.337(a), (b), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 2, eff. January 1, 2006.
Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.01, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter A. General Provisions › Section 1304.0035. Controlling Person

Sec. 1304.0035.  CONTROLLING PERSON.  (a)  In this chapter, "controlling person" means an individual who:
(1)  possesses direct or indirect control of at least 25 percent of the voting securities of a corporation;
(2)  possesses the authority to set policy and direct the management of a business entity;
(3)  is the president, the secretary, or a director of a corporation; or
(4)  is a general partner of a partnership.
(b)  An individual who is a controlling person of a corporation or other business entity that is the general partner of a limited partnership is a controlling person of the limited partnership.
Added by Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 3, eff. January 1, 2006.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1304 - Service Contract Providers and Administrators › Subchapter A. General Provisions › Section 1304.004. Exemptions

Sec. 1304.004.  EXEMPTIONS.  (a)  In this section:
(1)  "Maintenance agreement" means an agreement that provides only for scheduled maintenance for a limited period.
(2)  "Warranty" means an undertaking made solely by the manufacturer or importer of a product or the seller of a product or service that:
(A)  guarantees indemnity for a defective part, mechanical or electrical breakdown, or labor cost or guarantees another remedial measure, including the repair or replacement of the product or the repetition of service;
(B)  is made without payment of additional consideration;
(C)  is not negotiated or separated from the sale of the product or service;  and
(D)  is incidental to the sale of the product or service.
(b)  This chapter does not apply to:
(1)  a warranty;
(2)  a maintenance agreement;
(3)  a service contract sold or offered for sale to a person who is not a consumer;
(4)  an agreement issued by an automobile service club that holds a certificate of authority under Chapter 722, Transportation Code;
(5)  a service contract sold by a motor vehicle dealer on a motor vehicle sold by that dealer, if the dealer:
(A)  is the provider;
(B)  is licensed as a motor vehicle dealer under Chapter 2301; and
(C)  covers its obligations under the service contract with a reimbursement insurance policy; or
(6)  a contract offered by a local exchange telephone company that provides for the repair of inside telephone wiring, if:
(A)  the contract term does not exceed one month; and
(B)  the consumer can terminate the contract before a new contract term begins without liability except for payment of charges for the term that has begun.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 4.04, eff. September 1, 2021.