| (a) An air conditioning and refrigeration contracting
company must:
(1) notify the department of all licensees who have
assigned their licenses to the company and must notify the department
within thirty (30) calendar days when any licensee whose license is
assigned to the company has left its employ;
(2) furnish to the department copies of applicable
assumed name registrations from the Office of the Secretary of State
and/or County Clerks' office;
(3) maintain records on its license holder showing
payroll taxes deducted and reported to the Texas Workforce Commission,
and either, hours worked each day or documentation showing that the
licensee is on salary and works full time for the contracting company;
(4) furnish a copy of the company's records, specified
in paragraph (3) of this subsection, at the request of the department;
(5) furnish to municipalities a list of authorized
agents that may pull permits under the license of its license holder,
and, if subcontracting jobs to other licensed air conditioning and
refrigeration contracting companies, furnish a list of agents of those
licensed companies that may pull permits under the license of its
license holder; and
(6) make available to the department in Austin, Texas,
or other location designated by the department, the records relating
to the business of the air conditioning and refrigeration contracting
company conducted through a permanent office for a period of at least
three years after completion of a job.
(b) A person or an air conditioning and refrigeration
contracting company that performs air conditioning and refrigeration
contracting must:
(1) provide proper installation and service, and assure
the mechanical integrity of all work and installations;
(2) not misrepresent the need for services, services
to be provided, or services that have been provided; and
(3) not make a fraudulent promise or false statement
to influence, persuade, or induce an individual or a company to contract
for services.
(c) A contracting company may subcontract portions
of work requiring a license to unlicensed persons, firms, or corporations
as long as:
(1) the contracting company's employees, working under
the supervision of the contracting company's assigned licensee actively
provides work or service;
(2) the work or service provided by the employees consists
of more than accepting a contract or request for service, scheduling
the work, and providing supervision of the work; and
(3) the assigned licensee is ultimately responsible
to the customer for all work performed by the subcontractor.
(d) The design of a system may not be subcontracted
to an unlicensed person, firm or corporation.
(e) Each air conditioning and refrigeration contracting
company must have a licensee employed full time for each permanent
office. All work requiring a license must be under the direct supervision
of the licensee for that office.
(f) If an air conditioning and refrigeration contracting
company uses locations other than a permanent office, those locations
must be used only for air conditioning and refrigeration workers to
receive instructions from the permanent office on scheduling of work,
to store parts and supplies, and/or to park vehicles. These locations
may not be used to contract air conditioning sales or service.
(g) Each air conditioning and refrigeration contracting
company must display the license number of its affiliated licensee
and company name in letters not less than two inches high on both
sides of all vehicles used in conjunction with air conditioning and
refrigeration contracting. When an unlicensed subcontractor is at
a job site not identified by a marked vehicle, the site must be identified
either by a temporary sign on the subcontractor's vehicle or on a
sign visible and readable from the nearest public street containing
the contractor's affiliated license number and company name.
(h) All advertising by air conditioning and refrigeration
contracting companies designed to solicit air conditioning or refrigeration
business must include the affiliated licensee's license number. The
following advertising does not require the license number:
(1) nationally placed television advertising, in which
a statement indicating that license numbers are available upon request
is used in lieu of the licensee's license number;
(2) telephone book listings that contain only the name,
address, and telephone number;
(3) manufacturers' and distributor's telephone book
trade ads endorsing an air conditioning and refrigeration contractor;
(4) telephone solicitations, provided the solicitor
states that the company complies with licensing requirements of the
state. The affiliated licensee's number must be provided upon request;
(5) promotional items of nominal value such as ball
caps, tee shirts, and other gifts;
(6) letterheads and printed forms for office use; and
(7) signs located on the contractor's permanent business
location.
(i) An invoice must be provided to the consumer for
all air conditioning and refrigeration work performed. The company
name, address, and phone number must appear on all proposals and invoices.
The affiliated licensee's number must appear on all proposals and
invoices for air conditioning and refrigeration work. The following
information: "Regulated by The Texas Department of Licensing and Regulation,
P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599,
www.tdlr.texas.gov" must be listed on:
(1) proposals and invoices;
(2) written contracts; and
(3) a sign prominently displayed in the place of business
if the consumer or service recipient may visit the place of business
for service.
(j) An air conditioning and refrigeration contracting
company may not use a license that is not assigned to that company.
(k) An air conditioning and refrigeration contracting
company may only use licensed contractors, registered technicians,
certified technicians, or students meeting the requirements of §75.30(a)(6)
to perform maintenance work.
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| Source Note: The provisions of this §75.71 adopted to be effective August 1, 2006, 31 TexReg 5944; amended to be effective April 1, 2011, 36 TexReg 1975; amended to be effective September 1, 2015, 40 TexReg 5148; amended to be effective May 1, 2018, 43 TexReg 2401 |
