The following words and terms have the following meanings as
used in this chapter:
(1) - (9)(No change.)
(10)Career and technology education
program--An educational program, defined in §1302.5037(a)(1)
of the Act, focused on air conditioning and refrigeration and:
(A)offered by a public high school under Subchapter
F, Chapter 29, Education Code; or
(B)offered by a private high school or institution
of higher education and determined by the department to be similar
to a program described by subparagraph (A) of this paragraph.
(11)[(10)] Certification training
program--A program of education and training, defined in §1302.002(5-c)(B)
of the Act and further addressed in §75.122, accepted
or approved by the department and consisting of at least
2,000 hours of a combination of classroom instruction and supervised
practical experience.
(12)[(11)] Certification training
program provider--A person providing or offering to provide a certification
training program.
(13)[(12)] Certified technician--A
person granted an air conditioning and refrigeration technician certification
by the department pursuant to §75.120, and §1302.5036 and §1302.5055
of the Act.
(14)[(13)] Certified technician
(legacy)--A person granted a certified technician designation by the
department pursuant to §75.28, and §1302.508 of the Act,
as continued by House Bill 3029 §18, 85th Leg., R.S. (2017).
(15)[(14)] Cheating--Attempting
to obtain, obtaining, providing, or using answers to examination questions
by deceit, fraud, dishonesty, or deception.
(16)[(15)] Cryogenics--Refrigeration
that deals with producing temperatures ranging from:
(A) - (D)(No change.)
(17)[(16)] Department--The Texas
Department of Licensing and Regulation.
(18)[(17)] Design of a system--Making
decisions on the necessary size of equipment, number of grilles, placement
and size of supply and return air ducts, and any other requirements
affecting the ability of the system to perform the function for which
it was designed.
(19)[(18)] Direct supervision--Directing
and verifying the design, installation, construction, maintenance,
service, repair, alteration, or modification of an environmental air
conditioning, refrigeration, process cooling, or process heating product
or equipment to assure mechanical integrity. Verification may include,
but is not limited to:
(A) - (C)(No change.)
(20)[(19)] Employee--An individual
who performs tasks assigned by an employer, and who is subject to
the employer's control in all aspects of job performance, except that
a licensed air conditioning and refrigeration contractor remains responsible
for all air conditioning work he or she performs. An employee's wages
are subject to deduction of federal income taxes and social security
payments. An employee may be full time, part time, or seasonal. Simultaneous
employment with a temporary employment agency, a staff leasing agency,
or other employer does not affect an employee's status for the purpose
of this chapter.
(21)[(20)] Executive Director--The
executive director of the department.
(22)[(21)] Full time employee--An
employee who is present on the job either 40 hours a week, or at least
80% of the time the company is offering air conditioning and refrigeration
contracting services to the public, whichever is less.
(23)In-person supervision--Supervision
of air conditioning and refrigeration maintenance work provided while
physically present at the same location as the person being supervised.
(24)Institution of higher education--An
"institution of higher education" or a "private or independent institution
of higher education," as those terms are defined by §61.003,
Education Code.
(25)[(22)] Licensee--An individual
holding a contractor's license of the class and endorsement appropriate
to the work performed under the Act and this chapter.
(26)[(23)] Offering to perform--Making
a written or oral proposal, contracting in writing or orally to perform
air conditioning and refrigeration work, or advertising in any form
through any medium that a person or business entity is an air conditioning
and refrigeration contractor, or that implies in any way that a person
or business entity is available to contract for or perform air conditioning
and refrigeration work.
(27)[(24)] Permanent office--Any
location, which must be identified by a street address, or other data
identifying a rural location, from which a person or business entity
conducts the business of an air conditioning and refrigeration contracting
company. A location not open to the public, or not located within
the state, may serve as a permanent office so long as the department
and consumers have access to the licensee required by §1302.252
of the Act to be employed in each permanent office.
(28)[(25)] Portable--Able to
be easily transported and readily used as an entire system, without
need for dismantling or assembly in whole or in part, or addition
of parts, components, or accessories.
(29)[(26)] Primary process medium--A
refrigerant or other primary process fluid that is classified in the
current ANSI/ASHRAE Standard 34 as Safety Group A1, A2, B1, or B2.
Safety Groups A3 and B3 refrigerants are specifically excluded.
(30)[(27)] Proper installation,
and service--Installing, servicing, repairing, and maintaining air
conditioning and refrigeration equipment in accordance with:
(A) - (D)(No change.)
(31)[(28)] Registrant--A person
who is registered with the department as a technician under the Act
and this chapter.
(32)[(29)] Repair work--Diagnosing
and repairing problems with air conditioning, commercial refrigeration,
or process cooling or heating equipment, and remedying or attempting
to remedy the problem. Repair work does not mean simultaneous replacement
of the condensing unit, furnace, and evaporator coil.
(33)[(30)] Self-contained--Constructed
so that all required parts, components, and accessories of the air
conditioning or heating system are included within the same enclosure.
(34)[(31)] System balancing--A
process of adjusting, regulating, or proportioning air
distribution equipment or any activity beyond system testing.
(35)[(32)] System testing--Assessing
or measuring the performance of the air distribution equipment or
air conditioning and refrigeration duct system through equipment that
can be attached externally to the system. Testing does not include
opening, adjusting, or balancing equipment or ducts or
any activity beyond assessing the system through the use of external
equipment. Testing does not include testing fire and smoke dampers.
(36)[(33)] Total replacement
of a system--Simultaneous replacement of the condensing unit, the
evaporator coil, the furnace, if applicable, and the air handling
unit, or replacement of a package system.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on April 19, 2024
TRD-202401664 Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 475-4879
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