Justification for Administrative Rule Adoption
Air Conditioning and Refrigeration

16 TAC Chapter 75, §§75.10, 75.20–75.30, 75.40, 75.65, 75.70, 75.71, 75.73, 75.80, 75.90, 75.91, 75.100 and 75.110

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 75, §§75.10, 75.20 - 75.28, 75.30, 75.40, 75.65, 75.70, 75.71, 75.73, 75.80, 75.90, and 75.100 and new rules at §§75.29, 75.91, and 75.110 regarding the air conditioning and refrigeration program. The amendments to §§75.10, 75.20 - 75.28, 75.40, 75.65, 75.70, 75.71, 75.73, 75.80, 75.90, and 75.100 and new rules at §§75.29, 75.91, and 75.110 are adopted without changes to the proposed text as published in the November 26, 2010, issue of the Texas Register ( 35 TexReg 10395) and will not be republished. The amendments to §75.30 and §75.100 are adopted with changes to the proposed text as published in the November 26, 2010, issue of the Texas Register (35 TexReg 10395) and are republished. The adoption takes effect April 1, 2011.

Summary and Justification of Changes

The proposed amendments and new rules were published in the November 26, 2010, issue of the Texas Register (35 TexReg 10395). These changes reflect the public comments submitted in response to the Notice of Intent to Review published in the September 11, 2009, issue of the Texas Register (34 TexReg 6350), the Department’s own review of the rules, and input and recommendations from the Air Conditioning and Refrigeration Contractors Advisory Board on the rule review proposal and the rule simplification initiative. The adopted amendments and new rules reflect all of the input listed above; the public comments received during the 30-day public comment period and during the January 13, 2011, public hearing on the proposed amendments and new rules; recommendations from the Advisory Board at its February 22, 2011, meeting; and Department staff technical changes.

The adopted changes to §75.10, Definitions, add several new definitions and amend several existing definitions. The adopted rules add new definitions for “biomedical testing,” “registrant,” “system balancing” and “system testing.” The rules delete the definition of “contracting.” The rules amend the definitions of “direct supervision,” “licensee,” and “proper installation and service.” The rules also renumber the remaining definitions as applicable to reflect new and deleted definitions. These changes are necessary in order to clarify the terms used in the rules.

The adopted rules amend the title of §75.20 to clarify that this section addresses contractor requirements. The rules amend §75.20(a) by reformatting the existing paragraph into a user-friendly list format and including the use of a department-approved form. The rules also amend §75.20(b) by adding clarifying language in §75.20(b)(1) regarding the institution’s program being approved by the Texas Board of Professional Engineers for the purpose of licensing engineers. This change reflects the language in the statute. The rule also deletes the education substitutes for practical experience under §75.20(b)(2) and (3) to conform to the eligibility requirements under the statute.

The adopted rules amend the title of §75.21 to clarify that this section addresses contractor requirements. The rules delete the language under existing §75.21(b) and replace it with a reference to more detailed examination requirements that are found in the Department’s Chapter 60 rules, which apply to all of the Department’s programs. The rules also delete §75.21(d) because it is not necessary. The Department’s third party examination contractor would not qualify a person as eligible for an examination if the person had already taken and passed the exam.

The adopted rules amend the title of §75.22 to clarify that this section addresses contractor requirements.

The adopted rules makes several amendments to §75.23 based on the recommendations of the advisory board. The advisory board stated that there is still a need to have a temporary license rule. A temporary license is necessary in order for a company to continue business until a permanent contractor license could be secured; however, the advisory board recommended some changes to the existing rule. The rule shortens the timeframes for requesting a temporary license from 30 days to 15 calendar days. The term of the temporary license remains at 30 days, although the proposal clarifies that the timeframe is 30 “calendar” days. The rule also narrows the eligibility requirements for a temporary license to only those companies that lose their only licensed contractor due to death or disability of the contractor. The rule removes eligibility for a temporary license due to dissolution of a company or partnership. Finally, the rule removes the requirement that the person who will hold the temporary license – an owner, partner, or employee already associated with the firm - must meet all eligibility requirements to take an examination for a contractor license. The rule now allows a company to just hire a new licensed contractor. Having the owner, partner or existing employee take the examination and obtain a contractor license is no longer the only option for a company to obtain a new licensed contractor.

The adopted rules amend the title of §75.24 to clarify that this section addresses contractor renewal requirements. The rule also removes references to “registration” renewal requirements. The renewal requirements for contractor licenses and technician registrations are not the same. The technician registration renewal requirements have been moved to new §75.29.

The adopted changes to §75.24 are necessary to clarify what a contractor must do to renew his license. Section 75.24(a) has been redrafted in a list format to set out the requirements for what a contractor has to do to renew his license, including completing continuing education requirements and using a department approved form. The rules also delete former §75.24(b) since the license renewal requirements are set out under the Department’s Chapter 60 rules, which apply to all of the Department’s programs. The rules delete former §75.25(g) and (h) since they are no longer necessary.

The adopted rules make several amendments to §75.26 that are necessary to clarify the certificate requirements. The rule amends §75.26(a) by reformatting the existing paragraph into a user-friendly list format and including the use of a department-approved form. The rule adds a new §75.26(b), which states that the certificate is not transferrable from one person to another. This language is similar to the language for contractor licenses and technician registrations. The rule makes technical corrections to renumbered §75.26(c) (formerly §75.26(b)). The change links this subsection back to subsection (a), which sets out the two categories of persons who are required under the statute to obtain a certificate of registration - maintenance personnel and licensed engineers. It also removes the term “registrant” since this is a term used for technicians. Persons holding certificates of registration to purchase refrigerants are referenced elsewhere in this section as “certificate holders.”

The adopted rules also delete provisions under §75.26 in order to reflect the statute and to delete provisions already addressed in the statute. The rules delete former §75.26(c) and (d), which address the certificate of registration to purchase refrigerant being valid or invalid based on the person’s employment status. The statute does not provide that a certificate automatically becomes invalid if the person ceases employment or changes jobs. The rules also delete former §75.26(f), which states that a flammable refrigerant or refrigerant substitute that has been listed as acceptable by the U.S. Environmental Protection Agency (EPA) may be sold and used in accordance with the rules issued by the EPA. Occupations Code §1302.352 already requires a person who purchases, sells or uses a refrigerant in Texas to comply with the requirements of the federal Clean Air Act and rules adopted under that Act. It is unnecessary to address this requirement again in the Department’s rules. The rules also delete former §75.26(g), which addresses the purchase of equipment classified as a small appliance under the federal regulations. The exemption for small appliances as defined by the federal regulations is already addressed under Occupations Code §1302.351. It is unnecessary to address this exemption again in the Department’s rules.

The adopted rules clarify the title of §75.27. The changes also amend §75.27(a) by reformatting the existing paragraph into a user-friendly list format and including the use of a department-approved form.

The adopted rules make technical corrections to §75.28. The changes clarify the title and § 75.28(c) by replacing “certification” with “certified technician designation.” These changes make the provisions consistent with the statute and §75.28(b) and will provide clarification under §75.80, Fees. The rule also requires the use of a department-approved form.

The adopted rules add new §75.29, which addresses the renewal requirements for technician registrations. These requirements are currently combined with the contractor license renewal requirements under §75.24. The rule also clarifies that a technician must renew his registration annually, regardless of whether or not he has a certified technician designation. It is the underlying registration that must be renewed.

The adopted rules make several amendments to §75.30, Exemptions. The rule adds clarifying introduction language under subsection (a) that ties the exemptions back to those listed in the statute.

The rule amends §75.30(a)(1) by changing the reference from “public utility” to “electric or gas utility” to match the statute. The exemption is retained in the rule because it includes clarifying language that the person is performing air conditioning and refrigeration services in connection with his employment with the electric or gas utility. The provision does not allow a person employed by an electric or gas utility to perform air conditioning and refrigeration contracting for anyone other than the utility he is employed by.

The adopted rules amend §75.30(a)(2) to conform to the scope of the exemption in the statute. The exemption in the statute only applies to a person who performs air conditioning and refrigeration contracting on a building owned by the person as the person’s home (“homeowner exemption”). The exemption has been amended and retained in the rules because the language clarifies that the person is not performing air conditioning and refrigeration services for the general public and is not performing air conditioning and refrigeration services in a building other than the person’s own home. It also clarifies that the exemption only applies to the homeowner, not someone assisting the homeowner.

The adopted rules deleted former §75.30(a)(4) from the rules since it was outside the scope of the statute.

The adopted rules do not make any changes to former §75.30(a)(5) (now renumbered as subsection (a)(4)). The exemption is retained in the rules because it contains clarifying language that the person may not install, repair or remove any other part of the exhaust system.

The proposed amendments and new rules as published proposed deleting the exemption under §75.30(b). However, due to the public comments received, this proposed deletion is withdrawn and will not be adopted, as explained below under “Public Comments.”

The adopted rules amend the title of §75.40 to clarify that this section addresses contractor requirements. The rules also amend §75.40(e), which addresses a request to waive the insurance requirements because the license holder does not contract with the public. Specifically, the rules delete §75.40(e)(3), which requires that the waiver request be accompanied by a confirmation of employment by the current employer when working under the license of another contractor as an employee. The Department determined that this provision is unnecessary and that any necessary information would be captured under §75.40(e)(2), which requires a detailed explanation of the conditions under which the waiver is requested.

The adopted rules make technical corrections to §75.70. The rules amend the title to clarify that this section addresses contractor requirements, and clarify that “30 days” is “30 calendar days” under §75.70(h)(1) and (2). The changes also adopt new §75.70(a)(11), which states that a licensee can only use licensed contractors or registered technicians for maintenance work.

The adopted rules make technical corrections to §75.71. The amendments shorten the title of the section and change “30 business days” to “30 calendar days” under §75.71(a)(1). This change makes the provision consistent with other provisions that have 30-day timeframes. The rules also amend §75.71(i) to include the Department’s website address in the Department information that is included on proposals and invoices, written contracts and certain signs. The effective date for including the website information on these documents is September 1, 2011. The adopted rules also include new §75.71(k), which states that a contracting company can only use licensed contractors or registered technicians for maintenance work.

The adopted rules makes technical corrections to §75.73. The amendments shorten the title of the section and clarify that “30 days” is “30 calendar days” under §75.73(d).

The adopted rules amend the contractor fees under §75.80(b) by deleting the contractor examination fee of $90. The contractor examination fees are established by and are payable to the Department’s third-party examination contractor. This fee no longer needs to be included in the Department rules.

The adopted rules reorganize the technician fees under §75.80(d) and clarify the certified technician designation fee. The technician registration renewal fee has been moved to new paragraph (3) and it applies whether the technician has a certified technician designation or not. The underlying registration must be renewed. The changes add clarity to new paragraph (2) (former paragraph (3)) regarding the certified technician designation application fee. Language has been added to clarify that this fee is in addition to the technician registration application fee. Former paragraphs (4) and (5) have been consolidated into one provision, paragraph (4). A revised or duplicate technician registration application, with or without the certified technician registration, is $15. The amendments do not make any changes to the existing fee amounts.

The adopted rules make technical changes to the title and substance of §75.90.

The adopted rules add new §75.91, which provides notice that the Department has new enforcement authority under Texas Occupations Code, Chapter 51 due to the 81st Legislative Session (2009). Chapter 51 was amended to make the Department’s enforcement authority consistent across programs, especially as new programs or occupations are moved to the Department. The enforcement authority under Chapter 51 is in addition to that set out under the air conditioning and refrigeration statute and rules.

The adopted rules amend §75.100(a), Electrical Connections. Section 75.100(a)(4) is amended to add a reference to the “International Residential Code, where applicable.” This change updates the rule to reflect the applicable codes.

The adopted rules amends §75.100(b), Piping. The rule amends §75.100(b)(3) by changing “Mechanical piping” to “Other piping, fittings, valves and controls.” Subsection (b)(1) addresses fuel gas piping, subsection (b)(2) addresses drain piping, and subsection (b)(3) as amended addresses all other piping and related parts.

The adopted rules amend §75.100(c), Duct Cleaning. The rule amends subsection (c) to clarify that biomedical remediation requires a contractor license under Texas Occupations Code, Chapter 1302 and that biomedical testing does not require a contractor license under Texas Occupations Code, Chapter 1302. It also removes references to “an unlicensed person or company” and replaces these references with “a person or entity that does not hold a contractor license under Texas Occupations Code, Chapter 1302.” This change is in response to a request for clarification from the advisory board and a member of the public at the advisory board’s meeting on August 26, 2010.

The adopted rules amend §75.100(d), Process Cooling and Heating. The rules add clarifying language to §75.100(d)(2) regarding a person or entity that does not hold a contractor license performing maintenance, service and repairs on the secondary open loop components after a licensed contractor has deactivated and rendered inert the primary closed loop system. This language reflects a recommended change that was offered at previous advisory board meetings.

The adopted rules amend §75.100(e), Standards. The rules amend §75.100(e)(1), regarding municipalities that have adopted a code by ordinance. The rules change the language to reference codes that are “consistent with the standards established under the Act and these rules.” This wording reflects the language in the statute regarding municipal standards. The rules also amend §75.100(e)(2), regarding municipalities that have not adopted a code by ordinance. This paragraph has been clarified and broken down into separate parts to address the applicable codes based on whether the building is a single family home or townhouse or whether the building is commercial or a multiple family dwelling.

The adopted rules add new §75.100(f), System Testing and Balancing. This rule addresses system testing and system balancing in response to recommendations from the advisory board. The new rule provides that system testing does not require a contractor license under Texas Occupations Code, Chapter 1302 and that system balancing does require a contractor license under Texas Occupations Code, Chapter 1302. New definitions for “system balancing” and “system testing” were added under §75.10.

The adopted rules add new §75.110 that would identify and adopt applicable codes for the air conditioning and refrigeration program similar to what is done in the electrician program and other code-based programs. The air conditioning and refrigeration statute and rules often reference the “applicable codes” or “current codes,” but no specific codes had been identified or adopted. This new rule would identify such codes, and the adopted editions are the 2009 Uniform Mechanical Code and the 2009 International Mechanical Code, the International Residential Code and other applicable and related codes. The effective date for use of these codes is September 1, 2011.

The adopted rules also made technical changes.

Public Comments

The proposed amendments and new rules were published in the November 26, 2010, issue of the Texas Register (35 TexReg 10395). The 30-day public comment period closed on December 27, 2010. The Department received public comments from five interested parties: Associated Builders and Contractors of Texas (ABC of Texas), Texas Apartment Association (TAA), Associated General Contractors--Texas Building Branch (AGC-TBB), and two individuals.

The Department also received requests for a public hearing from the Associated Builders and Contractors of Texas and the Associated General Contractors--Texas Building Branch. A public hearing was held January 13, 2011. All of the proposed amendments and proposed new rules were open for comment at the public hearing. Three interested parties testified at the hearing, and all three testified on §75.30(b).

The following is a summary of the public comments received during the 30-day public comment period and during the public hearing and the Department’s responses to those public comments.

Public Comment: An individual submitted a comment expressing concerns that new workers after completing an education program were not able to get a job or go out on their own. The individual stated there was a lot of work that could been done without having a license or registration or having to work for a company. The individual stated that most companies require three years or more of experience. He thought the rules helped companies and not new workers.

Department Response: The Department did not make any changes to the proposed rules in response to this comment. The concerns raised in the comment would require statutory changes to the contractor licensing, education and experience requirements, and are not changes that could be made by rule.

Public Comment: An individual offered a comment about whether the ACR technician initial and renewal registration requirements included a criminal background check since proposed rules §75.27 and §75.29 do not specifically mention it. The individual also suggested that the Department should clarify the term “criminal offense” in §75.27, since it could include a wide range of offenses. Finally, the individual noted that criminal offenses were not mentioned in the ACR contractor general licensing requirements (§75.22) or in the contractor renewal application requirements (§75.24).

Department Response: The Department has statutory authority under Occupations Code Chapters 51, 53, and 1302 to conduct criminal background checks on applicants and licensees. The criminal history question is part of the required department-approved application form. An affirmative response to the question directs the applicant to fill out a Criminal History Questionnaire. Regarding clarifying the term “criminal offense,” the application form asks the applicant to include all felonies and misdemeanors other than minor traffic violations. Regarding criminal offenses as they relate to contractor licensing and renewal requirements, the contractor initial and renewal applications also include a criminal history question as part of the department approved form. The Department did not make any changes to the proposed rules in response to these comments.

Public Comment: The Texas Apartment Association commented that there appeared to be no changes in the rules that would affect the statutory exemption under Occupations Code §1302.054 for certain maintenance personnel. The association specifically noted the exemptions under §75.30 and requested that the Department not alter any aspect of the statutory maintenance personnel exemption. The association did not suggest any changes to the proposed rules.

Department Response: The Department did not propose any changes to the rules that would affect the maintenance personnel exemption contained in the statute.

Public Comment: The Department received two written comments in response to the proposed deletion of §75.30(b) and three interested parties testified at the public hearing on this provision.

Associated Builders and Contractors of Texas (ABC of Texas) submitted written comments, requested a public hearing, testified at the public hearing, and offered public comments at the March 4, 2011, Commission meeting. ABC of Texas strongly opposed deleting the exemption provided for general contractors under current §75.30(b). “Eliminating this provision could change substantially the way jobs are bid and contracted for in the construction industry.” ABC of Texas commented that while the existing exemption allows unlicensed general contractors to bid or contract for work that involves air conditioning and refrigeration work, it does not allow them to perform the work. The general contractors use licensed subcontractors to perform work that requires a license. The proposed change would have a negative impact on the construction industry in Texas if only contractors licensed under the statute could bid or contract for any work that had an air conditioning and refrigeration component.

Associated General Contractors-Texas Building Branch (AGC-TBB) submitted written comments, requested a public hearing, testified at the public hearing, and offered public comments at the February 22, 2011, Advisory Board meeting. AGC-TBB expressed strong concerns about the proposed deletion of §75.30(b). AGC-TBB stated that general contractors often build projects where air conditioning and refrigeration is a component of the project. General contractors either have these licensees or hire subcontractors who are licensed to do that component of the work. AGC-TBB stated that the proposed rule change threatens to interfere with general contractors’ ability to bid or contract on such projects, which could sharply reduce the number of available bidders to perform such work. AGC-TBB requested that the exemption not be deleted.

A representative of Greenstar Mechanical testified at the public hearing in favor of the proposed deletion of §75.30(b). The representative commented that general contractors should not have an exemption and that the authority to submit a bid on air conditioning and refrigeration work should remain with the licensed ACR contractor.

Department Response: Based on the comments received, the Department recommended withdrawing this provision from the proposal for further study. At its meeting on February 22, 2011, the Advisory Board agreed with the Department and recommended that the proposed deletion of §75.30(b) be withdrawn from the proposal and further studied. Based on these recommendations, the current §75.30(b) exemption for general contractors will remain in place, and the Department will have a separate rulemaking in the future on this particular provision. In addition Department staff recommended a technical correction to the introduction language in subsection (a) to ensure the rule is consistent with Occupations Code §1302.051, Limitation on Exemptions.

At its March 4, 2011, meeting the Commission adopted the proposed amendments to existing rules and proposed new rules with the recommendations and technical corrections identified above.

The amendments and new rules are adopted under Texas Occupations Code, Chapters 51 and 1302, which authorize the Commission, 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.

§75.10. Definitions.

The following words and terms have the following meanings as used in this chapter:

(1) Act--Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors.

(2) Advertising or Advertisement--Any commercial message which promotes the services of an air conditioning and refrigeration contractor.

(3) Air conditioning and refrigeration subcontractor--A person or firm who contracts with a licensed air conditioning contractor for a portion of work requiring a license under the Act. The subcontractor contracts to perform a task according to his own methods, and is subject to the contractor's control only as to the end product or final result of his work.

(4) Air conditioning or heating unit--A stand-alone system with its own controls that conditions the air for a specific space and does not require a connection to other equipment, piping, or ductwork in order to function.

(5) Assumed name--As defined in the Business and Commerce Code, Title 5, Chapter 71.

(6) Biomedical Remediation--The treatment of ducts, plenums, or other portions of air conditioning or heating systems by applying disinfectants, anti-fungal substances, or products designed to reduce or eliminate the presence of molds, mildews, fungi, bacteria, or other disease-causing organisms.

(7) Biomedical Testing--The inspection and sampling of ducts, plenums, or other portions of air conditioning or heating systems to test for the presence of molds, mildews, fungi, bacteria, or other disease-causing organisms. The term does not include performing any type of treatment or remediation.

(8) Boiler--As defined in Chapter 755 of the Health and Safety Code.

(9) Business affiliation--The business organization to which a licensee elects to assign his license.

(10) Cheating--Attempting to obtain, obtaining, providing, or using answers to examination questions by deceit, fraud, dishonesty, or deception.

(11) Cryogenics--Refrigeration that deals with producing temperatures ranging from:

(A) -250 degrees F to Absolute Zero (-459.69 degrees F);

(B) -156.6 degrees C to -273.16 degrees C;

(D) 209.69 degrees R to 0 degrees R.

(12) Department--The Texas Department of Licensing and Regulation.

(13) 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.

(14) 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) personal inspection of a job;

(B) reviewing a checklist or report completed by a person who performed some or all of the work on a job; or

(15) 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.

(16) Executive Director--The executive director of the department.

(17) 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.

(18) Licensee--An individual holding a contractor’s license of the class and endorsement appropriate to the work performed under the Act and this chapter.

(19) 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.

(20) 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.

(21) 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.

(22) Proper installation, and service--Installing, servicing, repairing, and maintaining air conditioning and refrigeration equipment in accordance with:

(A) applicable municipal ordinances and codes adopted by a municipality where the installation occurs;

(B) the applicable edition of the Uniform Mechanical Code as adopted under §75.110; or the applicable edition of the International Mechanical Code as adopted under §75.110 and International Fuel Gas Code, in areas where no code has been adopted; or the International Residential Code, as applicable;

(D) all requirements for safety and the proper performance of the function for which the equipment or product was designed.

(23) Registrant--A person who is registered with the department as a technician under the Act and this chapter.

(24) 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.

(25) System balancing--A process of adjusting, regulating or proportioning air distribution equipment or any activity beyond system testing.

(26) 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,

(27) 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.

§75.20. Contractor Licensing Requirements--Application and Experience Requirements.

(a) To obtain a contractor license, an applicant must:

(1) submit a completed application on a department-approved form;

(2) have at least 36 months of practical experience with the tools of the trade in the preceding five years;

(3) pass the examination;

(4) submit the required fees; and

(5) complete all requirements, including passing the exam, within one year of the date the application is filed.

(b) An applicant who uses credit for air conditioning and refrigeration courses to fulfill up to two years of the required 36 months of practical experience with the tools of the trade must furnish a copy of a transcript or diploma showing a degree in air conditioning engineering, refrigeration engineering, or mechanical engineering from an institution of higher education whose program is approved by the Texas Board of Professional Engineers for the purpose of licensing engineers.

§75.21. Contractor Licensing Requirements--Examinations.

(a) A passing grade is 70%.

(b) A person taking an examination must comply with the department’s examination requirements under 16 Texas Administrative Code, Chapter 60, Subchapter E.

(c) Cheating on an examination is grounds for denial, suspension, or revocation of a license and/or an administrative penalty.

§75.22. Contractor Licensing Requirements--General.

(a) The term of an air conditioning and refrigeration contractor’s license is one year.

(b) A license is not transferable.

(1) License numbers will have the following form: Title/Class/Number/Endorsement code-TACL/A/000000/C.

(2) Endorsement codes are as follows:

(A) Environmental Air Conditioning-E;

(B) Commercial Refrigeration and Process Cooling or Heating-R;

(c) A holder of a Class B license with the proper endorsement may perform air conditioning and refrigeration work in a building or a complex of buildings having more than one air conditioning or heating unit. The combined cooling capacity of the units may exceed 25 tons and heating capacity may exceed 1.5 million Btu/h, as long as each complete individual unit does not exceed the capacities stated above.

(d) Any contractor who has a Class B license with one or combined endorsements may upgrade an endorsement(s) by passing the Class A examination for that endorsement.

(e) A contractor who has endorsements of different classes will be issued a separate license number for each endorsement. The licenses will have concurrent expiration dates and will be printed on a single document.

(f) A contractor may have only one endorsement per license when he has two licenses. Both licenses must have the same business affiliation and permanent and business addresses.

(g) The insurance requirement for separate licenses can be met with a single policy with limits at least as high as those required for a Class A license. A waiver of insurance for one license automatically applies to both licenses.

(h) Any violation of the law or the rules and regulations resulting in disciplinary action for one license may result in disciplinary action for the other license.

§75.23. Contractor Licensing Requirements--Temporary Licenses.

(a) A company owner or officer, whose only license holder is no longer available due to death or disability, may request a temporary license.

(b) The temporary license request shall be made by an owner or partner who was affiliated with the firm at the time the license holder became unavailable. The person who will hold the temporary license shall be an owner, partner, or employee already associated with the firm.

(1) be made within fifteen (15) calendar days from the date the license holder became unavailable;

(2) be in writing;

(3) state the reason for the request including the circumstances involved;

(4) include a completed application with all applicable fees; and

(5) include a new certificate of insurance covering the company and the temporary license holder.

(d) A non-renewable temporary license shall be valid for a period of 30 calendar days from date of issuance.

(e) A temporary license number assigned by the department must be shown on company vehicles, and must appear on invoices and proposals. The number may be taped to vehicles or applied by any other temporary methods. The temporary license shall be numbered by the department as follows: Title/Class/Number/Endorsement code/Temporary Designation.

§75.24. Contractor Licensing Requirements--Renewal.

To renew a contractor’s license, a person must:

(1) submit a completed renewal application on a department-approved form;

(2) submit all appropriate fees; and

(3) complete eight (8) hours of continuing education as required under §75.25.

§75.25. Continuing Education.

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.

(b) To renew a license as an air conditioning and refrigeration contractor under Texas Occupations Code, Chapter 1302, Subchapter F, a licensee must complete eight hours of continuing education in courses approved by the department, including two hours of instruction in Texas state law and rules that regulate the conduct of licensees.

(c) The continuing education hours must have been completed within the term of the current license, in the case of a timely renewal. For a late renewal, the continuing education hours must have been completed within the one year period immediately prior to the date of renewal.

(d) A licensee may not receive continuing education credit for attending the same course more than once.

(e) A licensee must retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee’s records to determine compliance with this subsection.

(f) To be approved under Chapter 59 of this title, a provider’s course must be dedicated to instruction in one or more of the following topics:

(1) Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors;

(2) Title 16, Texas Administrative Code, Chapter 75, Air Conditioning and Refrigeration Administrative Rules;

(3) the International Mechanical Code, the Uniform Mechanical Code, or other applicable codes;

(4) ethics;

(5) business practices; or

(6) technical requirements.

§75.26. Sale and Use of Refrigerants--Certificate of Registration.

(a) Persons exempt under Texas Occupations Code, Chapter 1302, Subchapter B, §1302.054 and §1302.056 who purchase refrigerants and equipment containing refrigerants must:

(1) submit a completed application for a Certificate of Registration on a department-approved form; and

(2) submit the required fee.

(b) A Certificate of Registration is not transferable from one person to another person.

(c) A person described under subsection (a) who purchase refrigerants or equipment containing refrigerants must, at the time of purchasing such items, provide to the seller a picture identification along with the Certificate of Registration.

(d) A Certificate of Registration does not:

(1) replace any other requirement for purchasing refrigerant products under the Federal Clean Air Act amendments of 1990 and federal administrative rules adopted under that section; nor

(2) authorize the certificate holder to perform air conditioning and refrigeration work that is not covered by the appropriate exemption from licensing in the Act.

§75.27. Technician Registration Requirements--Initial Application.

(a) To obtain a technician registration, an applicant must:

(1) submit a completed application on a department-approved form; and

(2) submit the required fee.

(b) The term of an air conditioning and refrigeration technician’s registration is one year.

(d) An applicant for registration as an air conditioning and refrigeration technician will be issued a temporary registration that is valid for 21 days if the applicant:

(1) has not been convicted of a criminal offense, or been placed on deferred adjudication; and

(2) pays the required fee.

§75.28. Technician Registration Requirements--Certified Technician Designation.

(a) A registered technician is not required to be certified by the department, and a registrant may perform the same tasks as those performed by a certified technician.

(b) A registered technician may use the designation “certified technician” after obtaining department certification.

(1) submit a completed application on a department-approved form;

(2) provide proof of having passed a certification examination administered by;

(A) a nationally recognized certification organization; or

(B) other organizations approved by the department; and

(3) pay the required fee.

§75.29. Technician Registration Requirements--Renewal.

To renew a technician registration, with or without the certified technician designation, a person must:

(1) submit a completed renewal application on a department-approved form; and

(2) submit the required fees.

§75.30. Exemptions.

(a) The Act and this chapter do not apply to those persons exempt under Occupations Code, Chapter 1302, with the following clarifications:

(1) persons who conduct air conditioning and refrigeration contracting, who are employed by a regulated electric or gas utility facility and perform those services in connection with the utility business in which the person is employed;

(2) a person who engages in air conditioning and refrigeration contracting in a building owned solely by the person as the person's home and who does not engage in the occupation of air conditioning and refrigeration contracting for the general public. This exemption applies only to the homeowner and not to others who may attempt to assist the homeowner;

(3) those who hold a valid Certificate of Authorization issued by the American Society of Mechanical Engineers or The National Board of Boiler and Pressure Vessel Inspectors that are:

(A) appropriate for the scope of work to be performed, and

(B) performed solely on boilers as defined in Chapter 755 of the Health and Safety Code; and

(4) persons who install, repair, or remove a vent hood of the type commonly used in residential and commercial kitchens, as long as the person does not install, repair or remove any other part of the exhaust system.

(b) Unlicensed general contractors may bid or contract for a job that includes air conditioning or refrigeration if the job does not consist solely of work requiring a license under the Act.

§75.40. Contractor Insurance Requirements.

(a) Class A licensees must maintain commercial general liability insurance at all times during a license period:

(1) of at least $300,000 per occurrence (combined for property damage and bodily injury);

(2) of at least $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and

(3) of at least $300,000 aggregate for products and completed operations.

(b) Class B licensees must maintain commercial liability insurance at all times during a license period:

(1) of at least $100,000 per occurrence (combined for property damage and bodily injury);

(2) of at least $200,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and

(3) of at least $100,000 aggregate for products and completed operations.

(c) Insurance must be obtained from an insurance provider authorized to sell liability insurance in Texas pursuant to the Texas Insurance Code.

(d) A license applicant or licensee must file with the department a completed certificate of insurance or other evidence satisfactory to the department when applying for an initial license, changing a business name or affiliation, and upon request of the department.

(e) Requests to waive the insurance requirements because the license holder does not contract with the public must:

(1) be submitted in writing to the department; and

(2) contain a detailed explanation of the conditions under which the waiver is requested.

(f) A licensee who has received a waiver of insurance cannot perform or offer to perform air conditioning and refrigeration contracting under his license with the general public.

(g) A licensee or an air conditioning and refrigeration contracting company must furnish the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the licensee or company is insured to any customer who requests it.

§75.65. Advisory Board.

(a) The purpose of the Air Conditioning and Refrigeration Contractors Advisory Board is to advise the commission on adopting rules, enforcing and administering the Act, and setting fees.

(b) Expense reimbursements to board members:

(1) are limited to authorized expenses incurred while traveling to and from board meetings; and

(2) must be limited to those allowed by the State of Texas Travel Allowance Guide, the Texas Department of Licensing and Regulation policies governing employee travel allowances, and the General Appropriations Act.

(c) Expenses can be reimbursed to board members only when the legislature has specifically appropriated money for that purpose, and only to the extent of the appropriation.

§75.70. Responsibilities of the Contractor/Licensee.

(a) The licensee must:

(1) if affiliated with an air conditioning and refrigeration contracting company, assign his license to one company or one permanent office of the company that will use the license;

(2) if affiliated with an air conditioning and refrigeration contracting company, be an employee or owner of the air conditioning and refrigeration contracting company and must work full time at the company or permanent office of the company;

(3) use his license for one business affiliation and one permanent office at any one given time;

(4) furnish the department with his permanent mailing address and the name, physical address, and telephone number of the air conditioning and refrigeration contracting company through which the licensee provides services;

(5) verify that all work for which he has supervisory responsibility is performed so that mechanical integrity of installed products, system or equipment is maintained, and that all maintenance, service, and repair work has been done properly;

(6) if affiliated with an air conditioning and refrigeration contracting company, furnish to municipalities a list of authorized agents that may pull permits under the license, 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 his license;

(7) provide proper installation and service, and assure the mechanical integrity of work and installations performed or supervised by the licensee;

(8) not misrepresent the need for services, services to be provided, or services that have been provided;

(9) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or a company to contract for services;

(10) not knowingly provide air conditioning and refrigeration work for or on behalf of an unlicensed air conditioning and refrigeration contracting company, or a contracting company that does not have an affiliation with a licensed individual who supervises all air conditioning and refrigeration work as provided by Occupations Code, Chapter 1302, and this chapter; and

(11) only use licensed contractors or registered technicians to perform maintenance work.

(b) A licensee may subcontract portions of work requiring a license under the Act to unlicensed persons, firms, or corporations as long as:

(1) the licensee actively provides work or service which requires a license, either in person or with the licensee’s employees;

(2) the work or service provided in person or with the licensee’s employees consists of more than accepting a contract or request for service, scheduling the work, and providing supervision of the work; and

(3) the licensee is ultimately responsible to the customer for all work performed by the subcontractor.

(d) A licensee who subcontracts to perform work requiring a license under the Act for an air conditioning and refrigeration contracting company is responsible to the company and the department for the mechanical integrity of all work performed by the subcontractor.

(e) The licensee is responsible for all work performed under his supervision, regardless of whether the owners, officers, or managers of the air conditioning and refrigeration contracting company allow the licensee the authority to supervise, train, or otherwise control compliance with the Act.

(f) A licensee may not allow another individual to use his license for any purpose.

(g) A licensee may not allow any air conditioning and refrigeration contracting company with which he has no business affiliation to use his license for any purpose, except as otherwise allowed by this chapter.

(h) A licensee must:

(1) notify the department, in writing, within thirty (30) calendar days of any change in permanent mailing address, company location, company telephone number or change in assignment of license; and

(2) provide a revised insurance certificate to the department within thirty (30) calendar days of a change in the name of the company to which the license is assigned.

(i) Failure to maintain insurance or failure to provide a certificate of insurance when requested is grounds for imposition of administrative penalties and/or sanctions.

(j) Altering a license in any way is prohibited and is grounds for imposition of administrative penalties and/or sanctions.

§75.71. Responsibilities of the Contracting Company.

(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.license.state.tx.us” 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 or registered technicians to perform maintenance work.

(l) The inclusion of the department website information as required under subsection (i) is effective September 1, 2011.

§75.73. Responsibilities of the Technician/Registrant.

(a) A registrant must:

(1) provide proper installation and service, and assure the mechanical integrity of work and installations performed by the registrant;

(2) not misrepresent the need for services, services to be provided, or services that have been provided;

(3) not knowingly perform any non-exempt air conditioning and refrigeration maintenance work without being under the supervision of a licensed air conditioning and refrigeration contractor;

(4) not knowingly provide non-exempt air conditioning and refrigeration work for or on behalf of an air conditioning and refrigeration contracting company that does not have an affiliation with a licensed individual who supervises all air conditioning and refrigeration work as provided by Occupations Code, Chapter 1302, and this chapter; and

(5) not use the designation “certified technician” unless he has been certified by the department pursuant to §75.28, or has been certified by examination given by a nationally recognized certification organization, and the individual lists the organization.

(b) A registrant may not allow another individual to use his registration for any purpose.

(c) A registrant may not allow any air conditioning and refrigeration contracting company or any air conditioning and refrigeration contractor with which he is not employed to use his registration for any purpose, except as otherwise allowed by this chapter.

(d) A registrant must notify the department, in writing, within thirty (30) calendar days of any change in permanent mailing address, and telephone number.

(e) Altering a registration in any way is prohibited and is grounds for imposition of administrative penalties and/or sanctions.

§75.80. Fees.

(a) All application fees are non-refundable.

(b) Air Conditioning and Refrigeration Contractors.

(1) Contractor license application fee is $115.

(2) Contractor license renewal application fee is $65.

(3) Revised or duplicate contractor license application fee is $25.

(4) The application fee for adding an endorsement to an existing contractor license is $25.

(1) Certificate of Registration application fee is $25.

(2) Revised or duplicate certificate of registration application fee is $25.

(d) Air Conditioning and Refrigeration Technicians.

(1) Technician registration application fee is $20.

(2) Certified technician designation application fee is $15. This fee is in addition to the technician registration application fee.

(3) Technician registration renewal application fee (with or without the certified technician designation) is $20.

(4) Revised or duplicate technician registration application fee (with or without the certified technician designation) is $15.

(e) Late renewal fees for licenses and registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

§75.90. Administrative Penalties and Sanctions.

If a person or entity violates any provision of Texas Occupations Code, Chapter 1302, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapter 1302; Texas Occupations Code, Chapter 51; and any associated rules.

§75.91. Enforcement Authority.

The enforcement authority granted under Texas Occupations Code, Chapters 51 and 1302 and any associated rules may be used to enforce Texas Occupations Code, Chapter 1302 and this chapter.

§75.100. Technical Requirements.

(a) Electrical Connections.

(1) On new construction of environmental air conditioning, commercial refrigeration, and process cooling or heating systems, licensees may connect the appliance to the electrical line or disconnect that is provided for that purpose.

(2) Licensees may replace and reconnect environmental air conditioning, commercial refrigeration, process cooling or heating systems, or component parts of the same or lesser amperage. On replacement environmental air conditioning, commercial refrigeration, process cooling or heating systems where the electrical disconnect has not been installed and is required by the applicable National Electrical Code, the licensee may install a disconnect and reconnect the system.

(3) Control wiring of 50 volts or less may be installed and serviced by a licensee. Control wiring for commercial refrigeration equipment of any voltage may be installed by a licensee with the commercial refrigeration endorsement as long as the control wiring is on the equipment side of the disconnect installed for that purpose.

(4) All electrical work shall be performed in accordance with standards at least as strict as that established by the applicable National Electrical Code and the International Residential Code, where applicable.

(b) Piping.

(1) Fuel gas piping for new or replaced environmental air conditioning, commercial refrigeration, or process cooling or heating systems may be installed by a licensee. Fuel gas piping by a licensee is limited to the portion of piping between the appliance and the existing piping system, connected at an existing shut-off valve for such use. Existing piping systems, stops, or shut-off valves shall not be altered by a licensee.

(2) Drain piping associated with environmental air conditioning, commercial refrigeration, or process cooling or heating systems shall be installed by a licensee if it terminates outside the building. If the piping terminates inside the building, a licensee may make the connection if the connection is on the inlet side of a properly installed trap. Such drain piping shall be installed in accordance with applicable plumbing and building codes.

(3) Other piping, fittings, valves and controls associated with environmental air conditioning, commercial refrigeration, or process cooling or heating systems shall be installed by a licensee.

(1) Duct cleaning and air quality testing, including biomedical testing, may be performed by a person or entity that does not hold a contractor license under Texas Occupations Code Chapter 1302 if:

(A) the task is limited to the air distribution system, from the supply plenum to the supply grilles of the unit and from the return air grill to the air handler intake of the unit;

(B) no cuts are made to ducts or plenums;

(D) the only disassembly of any part of the system is opening or removal of return and supply air grilles, or registers that are removable without cutting or removing any other part of the system.

(2) Biomedical testing may be performed by a person or entity that does not hold a contractor license under Texas Occupations Code, Chapter 1302.

(3) Biomedical remediation requires a contractor license under Texas Occupations Code, Chapter 1302.

(d) Process Cooling and Heating.

(1) Process cooling and heating work does not include cryogenic work.

(2) Process cooling and heating work is limited to work performed on piping and equipment in the primary closed loop portions of processing systems containing a primary process medium. Once a primary closed loop process system has been deactivated and rendered inert by a licensee, a person or entity that does not hold a contractor license under Texas Occupations Code, Chapter 1302 may perform maintenance, service and repairs on the secondary open loop components including piping, heat exchangers, vessels, cooling towers, sump pumps, motors, and fans.

(e) Standards.

(1) The standard for the practice of air conditioning and refrigeration in a municipality is the code the municipality adopted by ordinance that is consistent with the standards established under the Act and this chapter.

(2) The standard for the practice of air conditioning and refrigeration in an area where no code has been adopted is:

(A) The applicable edition of the International Residential Code for one- and two-family dwellings, and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress, together with the applicable editions of the International Fuel Gas Code and the International Energy Conservation Code;

(B) For commercial work and any multiple family residential work that exceeds the limitations of subparagraph (A), the contractor performing the work may choose between:

(i) the applicable edition of the Uniform Mechanical Code; or

(ii) the applicable editions of the International Mechanical Code, International Fuel Gas Code and International Energy Conservation Code.

(f) System Testing and Balancing.

(1) System testing may be performed by a person or entity that does not hold a contractor license under Texas Occupations Code, Chapter 1302.

(2) System balancing requires a contractor license under Texas Occupations Code, Chapter 1302.

§75.110. Applicable Codes.

(a) The commission adopts the following as the applicable codes as referenced in the Act and this chapter:

(1) 2009 edition of the Uniform Mechanical Code; and

(2) 2009 editions of the International Mechanical Code, the International Residential Code, and other applicable codes.

(b) Use of these codes will be effective September 1, 2011.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on March 11, 2011.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

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Justification for Administrative Rule Adoption Air Conditioning and Refrigeration

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Justification for Administrative Rule Adoption
Air Conditioning and Refrigeration