<<Exit | Texas Register Preamble |
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC) Chapter 75, §75.20 and §75.21, regarding the Air Conditioning and Refrigeration program. The proposed amendments are necessary to implement House Bill 2643, 82nd Legislature, Regular Session (2011), relating to the licensing and regulation of air conditioning and refrigeration contractors and technicians. House Bill 2643 established new practical experience requirements under Texas Occupations Code §1302.255. The amount of practical experience was increased from 36 months in the preceding five years to 48 months in the preceding 72 months. In addition, House Bill 2643 expanded the existing list of educational degrees that could be used toward meeting the practical experience requirements and added certain work experience that would qualify as practical experience under the statute. The new list includes additional educational degrees, diplomas, and certificate programs; on-the-job training in a defined apprenticeship program; work performed while serving in the military; and work performed by utilities personnel, engineers, or industrial operation personnel or while employed by a governmental entity. The revised practical experience requirements under Texas Occupations Code §1302.255 will be effective for applications filed on or after November 1, 2012. Applications filed before that date must meet the current practical experience requirements. The proposed amendments are necessary to reflect these new statutory requirements. The proposal amends §75.20, Contractor Licensing Requirements--Application and Experience Requirements. The proposal amends §75.20(2) (formerly §75.20(a)(2)) to reference the amount of practical experience required by the statute under Texas Occupations Code §1302.255 based on the date the application is filed with the Department. The proposal also adds a new paragraph (5) to §75.20 to reference the proof of insurance, which is required under Texas Occupations Code §1302.260 and §75.40 to be submitted with the initial application. This change consolidates the application requirements into one rule. It does not make any changes to the insurance requirements under §75.40. The proposal also deletes §75.20(b) since the practical experience requirements have been revised by House Bill 2643 and are already included in the statute under Texas Occupations Code §1302.255. It is not necessary to repeat the specific practical experience requirements in this rule. The proposal amends §75.21, Contractor Licensing Requirements--Examinations. The proposal adds a new subsection (a), which clarifies that the applicant must obtain the requisite amount of experience as prescribed under Texas Occupations Code §1302.255, based on the date the application is filed with the Department, prior to taking an examination. The proposed amendments were noticed and discussed at the November 9, 2011, meeting of the Air Conditioning and Refrigeration Contractors Advisory Board. The advisory board recommended that the proposed amendments be published in the Texas Register for public comment. William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no foreseeable implications relating to costs or revenues of the state or local governments as a result of enforcing or administering the amended rules. Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit as a result of the statute and rules will be more opportunities for persons to obtain a contractor license due to recognition of additional education and training programs and recognition of experience gained while serving in the military, while performing certain exempt work, while being employed by a governmental entity, or while working in another state. There will be no adverse economic effect on small or micro-businesses or to persons who are required to comply with the amendments as proposed. Since the agency has determined that the amendments will have no adverse economic effect on small businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required. Comments on the proposal may be submitted by mail to Melissa Rinard, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register. The amendments are proposed under Texas Occupations Code, Chapters 51 and 1302, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 1302. No other statutes, articles, or codes are affected by the proposal. |
Next Page Previous Page