Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter R. CUSTOMER PROTECTION RULES FOR RETAIL ELECTRIC SERVICE
16 TAC §25.478
The Public Utility Commission of Texas (commission) proposes
an amendment to §25.478, relating to Credit and Deposit Requirements
for Residential Customers. The proposed amendment will allow victims of family
violence and customers who are 65 years or older whose household income is
at or below 150% of the poverty guidelines to satisfy retail electric providers'
(REPs') credit and/or deposit requirements. This rule is a competition rule
subject to judicial review as specified in PURA §39.001(e). Project Number
31853 is assigned to this proceeding.
Annette Lown Mass, Legal Division, has determined that for each year of
the first five-year period the proposed section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the section.
Ms. Mass has determined that for each year of the first five years the
proposed section is in effect the public benefit anticipated as a result of
enforcing the section will be the ability of victims of domestic violence
and the elderly in poverty who are unable to pay a deposit, to choose among
all REPs serving their geographic area rather than accepting service from
their affiliated REP or POLR.
The commission is not aware of any adverse economic effect on small businesses
or micro-businesses as a result of enforcing this section.
There may be economic costs to persons who are required to comply with
the proposed section. These costs are the result of waiving the deposits for
customers who meet the criteria. However, it is believed that the benefits
accruing from implementation of the proposed section will outweigh these costs.
Ms. Mass has also determined that for each year of the first five years
the proposed section is in effect there should be no effect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking,
if requested pursuant to the Administrative Procedure Act, Texas Government
Code §2001.029, at the commission's offices located in the William B.
Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. The request
for a public hearing must be received within 30 days after publication.
Comments on the proposed amendment may be submitted to the Filing Clerk,
Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326,
Austin, Texas 78711- 3326, within 30 days after publication. Sixteen copies
of comments to the proposed amendment are required to be filed pursuant to §22.71(c)
of this title. Reply comments may be submitted within 45 days after publication.
Comments should be organized in a manner consistent with the organization
of the proposed rule(s). The commission invites specific comments regarding
the costs associated with, and benefits that will be gained by, implementation
of the proposed section. The commission will consider the costs and benefits
in deciding whether to adopt the section. All comments should refer to Project
Number 31853.
The commission proposes this rule amendment pursuant to the Public
Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon
1998 & Supplement 2005) (PURA), which provides the Public Utility Commission
with the authority to make and enforce rules reasonably required in the exercise
of its powers and jurisdiction; and specifically pursuant to PURA §39.101,
which grants the commission authority to establish various, specific protections
for retail customers; PURA §39.102, which provides for retail customer
choice; and PURA chapter 17, subchapters A, C and D, which deal, respectively,
with general provisions relating to customer protection policy, the retail
customer's right to choice, and protection of the retail customer against
unauthorized charges.
Cross Reference to Statutes: PURA §§14.002, 39.101, 39.102, and
PURA chapter 17, subchapters A, C and D.
§25.478.Credit Requirements and Deposits.
(a)
Credit requirements for residential customers. A retail
electric provider (REP) may require a residential customer or applicant to
establish and maintain satisfactory credit as a condition of providing service
pursuant to the requirements of this section.
(1) - (2)
(No change.)
(3)
A residential customer or applicant seeking to establish
service with an affiliated REP or provider of last resort (POLR) can demonstrate
satisfactory credit using one of the criteria listed in subparagraphs (A)
through (E) of this paragraph. [
(A) - (E)
(No change.)
(4)
A residential customer or applicant seeking
to establish service with a REP other than an affiliated REP or POLR can demonstrate
satisfactory credit using one of the criteria listed in subparagraphs (A)
through (B) of this paragraph. A REP other than an affiliated REP or POLR
may establish additional methods by which a customer or applicant not meeting
the criteria of subparagraphs (A) or (B) of this paragraph can demonstrate
satisfactory credit, so long as such criteria are not discriminatory pursuant
to §25.471(c) of this title (relating to General Provisions of Customer
Protection Rules).
(A)
The residential customer or applicant is
65 years of age or older and the customer is not currently delinquent in payment
of any electric service account.
(B)
The customer or applicant has been determined
to be a victim of family violence as defined in the Texas Family Code §71.004,
by a family violence center as defined in Texas Human Resources Code §51.002,
by treating medical personnel, by law enforcement personnel, by the Office
of a Texas District Attorney or County Attorney, by the Office of the Attorney
General, or by a grantee of the Texas Equal Access to Justice Foundation.
This determination shall be evidenced by submission of a certification letter
developed by the Texas Council on Family Violence. The certification letter
may be submitted directly by use of a toll- free fax number to the REP.
(5)
[
(6)
[
(b) - (l)
(No change.)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 23, 2006.
TRD-200601778
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 936-7223
Chapter 75.
AIR CONDITIONING AND REFRIGERATION CONTRACTORS
16 TAC §§75.10, 75.20 - 75.24, 75.26, 75.30, 75.40, 75.65, 75.70, 75.71, 75.80, 75.90, 75.100
The Department of Licensing and Regulation (''Department'')
proposes amendments to existing rules at 16 Texas Administrative Code, §§75.10,
75.20 - 75.24, 75.26, 75.30, 75.40, 75.65, 75.70, 75.80, 75.90, and 75.100,
and new rule §75.71 regarding the air conditioning and refrigeration
contractor program.
Rule 75.10 is amended in several areas to clarify language and to remove
unnecessary provisions and words. In the definition of ''business affiliation''
the words ''or her'' are deleted to avoid use of ''his or her''. In the definition
of ''contracting'' ''verbally'' is changed to ''orally'', and relocated to
clarify the language. The definition of ''direct supervision'' is reworded
for better flow of language by replacing ''for compliance with'', with, ''to
assure''. In addition, the first words of subsection were made lower case
to be consistent with other sections of these rules. The definition of ''filed''
is deleted, as that definition should be in the agency's general rules. In
the definition of ''full time employee'' the word ''either'' is added to make
it clear that there are two ways for employees of a contracting company to
be considered as full time employees.
Rule 75.20. Licensing requirements--Application and Experience Requirements.
In subsection (b)(3) the reference to the Coordinating Board of Texas College
and University System is changed to the Texas Higher Education Coordinating
Board. Subsection (c) is deleted because a section addressing administrative
penalties is included in the agency's general rules.
Rule 75.21. Licensing requirements--Examinations. Subsections (b) and (c)
are deleted since they are not licensing requirements, but are procedural
matters that are addressed on the application forms for licensure. In subsection
(d), the phrase, ''has been'' is replaced with ''is'' for clarification.
Rule 75.22. General License Provisions. Subsection (a) is deleted as the
prohibition against a contracting company using a license that is not assigned
to it, is included in new §75.71. Subsection (b) provides that a license,
rather than a license number, is not transferable. Paragraphs (1) and (2)
were added to include the requirements set out in the old subsection (d) that
has been deleted. In subsection (d), ''either'' was replaced by ''an'' ''and
the word ''two'' by ''combined'', to clarify the language. In subsection (e),
language is clarified and provides that two different license numbers will
be issued on one card and will expire concurrently. Subsection (k) is deleted
as the prohibition against altering a license and is moved to §75.70(j).
The provision regarding the responsibility of licensees in subsection (i)
is deleted as it is addressed in §75.70. Subsection (m) is deleted since
it no longer reflects procedures of the agency. Today credit card type licenses
are issued to all licensees.
Rule 75.23. Licensing Requirements--Temporary Licenses. In subsection (c),
the reference to ten business days is changed to thirty days to make timelines
set out in these rules consistent with timelines used in other programs administered
by the agency. In subsection (e), the phrase, ''temporary method'' was replaced
with ''other temporary methods'' to clarify the language. The provision in
subsection (f) allowing the Executive Director to waive any requirement for
issuance of a temporary license is deleted.
Rule 75.24. Licensing Requirements--Renewal. In subsection (a) ''request''
is changed to ''application'' and the phrase ''if any'' is added to the end
of subsection (a)(2) to make it clear that a licensee may work for a company
without assigning his license. In subsection (b), language is added to reference
the Administrative Procedure Act.
Rule 75.26. Sale and Use of Refrigerants--Certificate of Registration.
The title is amended to refer to the sale and use of refrigerants. Subsection
(a) is amended by adding the word ''application'' before the word ''fee''
to clarify the type of fee. In subsection (b), ''Persons'' is changed to ''Registrants''
since statute defines person as an individual.
Rule 75.30. Exemptions. The exemption in subsection (a)(4) is deleted,
as it is not provided for in statute.
Rule 75.40. Insurance Requirements. Subsection (c) is amended to clarify
that insurance companies that provide insurance to licensees must be authorized
by the Texas Insurance Code to sell insurance, to make this provision consistent
with the Texas Insurance Code. In subsection (d) a requirement is added that
licensees must file a new insurance certificate when changing an affiliation.
Subsection (h) is deleted and moved to §75.70(i).
Rule 75.65. Advisory Board. In subsection (a), ''Executive Director'' is
changed to ''Commission'' as the board is charged by statute with the duty
to advise the Commission. Subsection (b) is deleted since the Executive Director
interacts directly with the board. Subsection (c) is deleted since the statute
at §1302.208 provides that the presiding officer calls meetings.
Rule 75.70. Responsibilities of the Licensee. The section title is amended
by deleting the reference to air conditioning and refrigeration contracting
companies. The rule is also amended by deleting references to contracting
companies as those matters are addressed in new rule §75.71. In subsection
75.70(a)(1) the phrase, ''a business'' is replaced by ''an air conditioning
and refrigeration contracting company'' and ''or her'' is deleted to make
this section consistent with other sections of these rules. In subsection
75.70(a)(2), ''a bona fide'' is replaced by ''an''. The deleted phrase adds
very little to the rule and may cause confusion without an added definition
of the term. In subsection 75.70(a)(4), ''or her'' is deleted and ''air conditioning
and refrigeration contracting'' is added before the word ''company'', and
''through which the licensee provides services'' is added to make it clear
that a licensee may work for a contracting company without assigning his license
to the company. Subsections 75.70(a)(5) and (6) and (b)(1) - (6) are deleted
and moved to §75.71. Subsection 75.70(a)(5) is amended to make it clear
that licensees, whether or not they are supervising licensees, are responsible
for their work. Language is added to subsection 75.70(a)(6) to make it clear
that only licensees who have supervisory responsibility for a contracting
company have certain responsibilities. Subsection 75.70(a)(7) is amended by
adding ''assure the'' before ''mechanical integrity'' and adding the phrase
''of work and installations performed or supervised by the licensee''. New
subsection 75.70(a)(9) is added since the enforcement authority is primarily
effective with licensees. If a licensee may lose his license for knowingly
working for a company that does not comply with the rules, this may put some
pressure on companies to comply. Subsections 75.70(g), (i), and (k) - (n)
are deleted and moved to Rule 75.71. Subsection 75.70(f) is amended to prohibit
a licensee from allowing another person to use his license. Subsection 75.70(g)
is added to state separately from §75.70(f) that a licensee may not allow
a company to use his license if the licensee is not affiliated with the company.
In subsection (h)(1) the ten day notice requirement is changed to thirty days
to be consistent with timelines used in other agency programs. In subsection
(h)(2) the ten day notice requirement changed to thirty days, and the requirement
to report an address change was dropped since that requirement is set out
in §75.70(h)(1). Subsection (i) is new to this rule as it was moved from §75.40(h).
Subsection (j) is new to this rule as it was moved from §75.22(k).
Rule 75.71. Responsibilities of the Air Conditioning and Refrigeration
Contracting Company. Provisions concerning contracting companies deleted from §75.70
are found in this new rule. No substantive changes were made.
In §75.80, the application and license fees are combined into a single
fee. In subsection 75.80(f) the word ''application'' is added to make it clear
that the fee is for the application rather than for the Certificate of Registration.
In §75.90 the words ''or entity'' are added to make it clear that
individuals and organizations may be sanctioned for violations of the statute
and the rules.
Rule 75.100. Technical Requirements. The reference to the National Electric
Code is changed from ''current'' to ''applicable''. In subsection 75.100(d),
the word ''work'' is added to clarify the language.
These proposed rule changes are necessary to update statutory references
and to conform rule requirements to current law. In addition, the rule changes
are needed to reorganize certain provisions for greater clarity and readability
and to delete unnecessary provisions.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments and new rule are in effect
there will be no cost to state or local government as a result of enforcing
or administering the amendments and new rule.
Mr. Kuntz also has determined that for each year of the first five-year
period the proposed amendments and new rule are in effect, the public benefit
will be that air conditioning and refrigeration contractor personnel and air
conditioning and refrigeration users will have clearer explanations concerning
the legal requirements governing air conditioning and refrigeration contractors.
There will be no effect on small or micro-businesses because of the proposed
amendments and new rule. There are no anticipated economic costs to persons
who are required to comply with the rules as amended.
Comments on the proposal may be submitted to Craig Crowell, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, or facsimile (512) 475-3032, or electronically: craig.crowell@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments and new rule are proposed under Texas Occupations
Code, Chapters 51 and 1302, which authorizes the Department to adopt rules
as necessary to implement Chapter 51 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:
(1) - (7)
(No change.)
(8)
Business affiliation--The business organization to which
a licensee elects to assign his [
(9)
(No change.)
(10)
Contracting--Agreeing
, either orally or in writing,
to perform work [
(11) - (13)
(No change.)
(14)
Direct supervision--Directing and verifying the design,
installation, construction, maintenance, service, repair, alteration, or modification
of an air conditioning, refrigeration, process cooling, or process heating
product or equipment
to assure
[
(A)
personal
[
(B)
contacting
[
(C)
reviewing
[
(D)
reviewing
[
(15) - (16)
(No change.)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(A)
applicable municipal ordinances and codes adopted by a
municipality where the installation occurs;
(B)
the current Uniform Mechanical Code or the current International
Mechanical Code and International Fuel Gas Code, in areas where no code has
been adopted;
(C)
the manufacturer's specifications and instructions; and
(D)
all requirements for safety and the proper performance
of the function for which the equipment or product was designed.
(22)
[
§75.20.Licensing Requirements--Application and Experience Requirements.
(a)
(No change.)
(b)
An applicant who uses credit for air conditioning and refrigeration
courses to fulfill up to two years of the required 36 months of experience
with the tools of the trade must furnish a copy of:
(1) - (2)
(No change.)
(3)
transcript of courses taken without earning a certificate
or diploma emphasizing hands-on training with the tools of the trade. Transcripts
must be from schools authorized or approved by the Texas Workforce Commission,
the U.S. Department of Labor, the
Texas Higher Education Coordinating
Board,
[
[
§75.21.Licensing Requirements--Examinations.
(a)
(No change.)
[
[
[
[
[
(b)
[
(c)
[
(d)
[
§75.22. General License Provisions [
[
(a)
[
(b)
[
(1)
License numbers shall 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 & Process Cooling
and Heating-R;
(C)
Combined Endorsements-C.
[
(c)
[
(d)
[
(e)
[
(f)
[
(g)
[
(h)
[
[
[
[
§75.23.Licensing Requirements--Temporary Licenses.
(a) - (b)
(No change.)
(c)
The request for a temporary license must:
(1)
be made within
thirty
[
(2) - (5)
(No change.)
(d)
(No change.)
(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
[
[
§75.24.Licensing Requirements--Renewal.
(a)
A renewal
application
[
(1)
(No change.)
(2)
the name, physical address and telephone number of the
business with which the licensee is affiliated
, if any
;
(3)
(No change.)
(4)
evidence of
compliance with
the applicable insurance
requirement on a form
acceptable to
[
(b)
A licensee shall not perform work requiring a license under
the Act with an expired license or a license that has been denied renewal
, except as allowed by the Administrative Procedure Act
.
§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 shall first request a Certificate of
Registration on an application form provided by the Department. The Certificate
of Registration
application
fee shall accompany the application.
(b)
Registrants
[
(c)
(No change.)
(d)
A Certificate of Registration is invalid if the exempt
person ceases to be employed
pursuant to §
[
(e) - (f)
(No change.)
(g)
Equipment
that is classified as a small appliance
under 40 C.F.R. Section 82.152 as amended
containing a half-ounce or
less of refrigerant may be purchased without a license or a Certificate of
Registration.
[
§75.30.Exemptions.
(a)
Licensure requirements under the Act and these Rules do
not apply to:
(1) - (3)
(No change.)
[
(4)
[
(5)
[
(b)
(No change.)
§75.40.Insurance Requirements.
(a) - (b)
(No change.)
(c)
Insurance must be obtained from an
insurance provider
authorized to sell liability insurance in Texas pursuant to
[
(d)
A license applicant or licensee shall 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)
(No change.)
(f)
A licensee who has received a waiver of insurance shall
not perform or offer to perform air conditioning and refrigeration contracting
under his [
(g)
(No change.)
[
§75.65.Advisory Board.
(a)
The purpose of the Air Conditioning and Refrigeration Contractors
Advisory Board is to advise the
Commission
[
[
[
(b)
[
(1)
are
[
(2)
[
(c)
[
§75.70.Responsibilities of the Licensee [
(a)
The licensee shall:
(1)
if affiliated with
an air conditioning and refrigeration
contracting company
[
(2)
if affiliated with an air conditioning and refrigeration
contracting company,
be
an
[
(3)
(No change.)
(4)
furnish the Department with his [
[
(5)
[
(6)
if affiliated with an air conditioning
and refrigeration contracting company,
[
[
[
[
[
[
[
[
[
(7)
[
(8)
[
(9)
[
(10)
not knowingly provide air
conditioning and refrigeration work for or on behalf of an air conditioning
and refrigeration contracting company that does not fully comply with the
requirements of Occupations Code, Chapter 1302, and with these rules.
(b)
[
(1)
the licensee actively provides work or service which requires
a license, either in person or with the licensee's [
(2)
the work or service provided in person or with the licensee's
[
(3)
the licensee is ultimately responsible to the customer
for all work performed by the subcontractor.
(c)
[
(d)
[
[
(e)
[
[
(f)
[
(g)
A licensee shall 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 these rules.
[
[
[
[
[
[
[
[
[
[
[
[
[
[
(h)
[
(1)
notify the Department, in writing, within
thirty
[
[
[
[
(2)
[
[
(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 Air Conditioning and Refrigeration Contracting Company.
(a)
An Air Conditioning and Refrigeration Contracting Company
shall:
(1)
notify the Department of all licensees who have assigned
their licenses to the company, and shall notify the Department within thirty
business 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 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 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 shall:
(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 shall not be subcontracted to an
unlicensed person, firm or corporation.
(e)
Each air conditioning and refrigeration contracting company
shall have a licensee employed full time for each permanent office. All work
requiring a license shall 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 shall 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
shall 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 shall 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 shall
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
licenssee'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 shall be provided to the consumer for all air
conditioning and refrigeration work performed. The company name, address,
and phone number shall appear on all proposals and invoices. The affiliated
licensee's number shall 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'' shall 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
shall not use a license that is not assigned to that company.
§75.80.Fees.
(a)
Non-refundable
license
application fee is
$130
[
(b)
(No change.)
(c)
Renewal application
[
[
[
(d)
(No change.)
(e)
An
[
(f)
Certificate of Registration
application
fee
is $25.
(g)
(No change.)
§75.90.Sanctions--Administrative Sanctions/Penalties.
A person
or entity
that violates Texas Occupations Code
Chapter 1302, or a rule, or order of the Executive Director or Commission
relating to the Act, shall be subject to the imposition of administrative
sanctions and/or administrative penalties in accordance with the Act or the
Texas Occupations Code, Chapter 51 and 16 Texas Administrative Code, Chapter
60 of this title (relating to the Texas
Commission
[
§75.100.Technical Requirements.
(a)
Electrical Connections.
(1)
(No change.)
(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
[
(3)
(No change.)
(4)
All electrical work shall be performed in accordance with
standards at least as strict as that established by the
applicable
[
(b) - (c)
(No change.)
(d)
Process Cooling and Heating.
(1)
(No change.)
(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, a non-licensed
person may perform repairs on piping, heat exchangers, and vessels.
(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 27, 2006.
TRD-200601823
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 475-4879
A REP other than an affiliated REP or
POLR may establish other criteria by which a customer or applicant can demonstrate
satisfactory credit, so long as such criteria are not discriminatory pursuant
to §25.471(c) of this title (relating to General Provisions of Customer
Protection Rules).
]
(4)
] Pursuant to the Public Utility
Regulatory Act (PURA) §39.107(g), a REP that requires pre-payment for
metered residential electric service may not charge an amount for electric
service that is higher than the price charged by the POLR in the applicable
transmission and distribution service territory.
(5)
] The REP may obtain payment
history information from any REP that has served the applicant in the previous
two years or from a consumer reporting agency, as defined by the Federal Trade
Commission. The REP shall obtain the customer's or applicant's authorization
prior to obtaining such information from the customer's or applicant's prior
REP. A REP shall maintain payment history information for two years after
a customer's electric service has been terminated or disconnected in order
to be able to provide credit history information at the request of the former
customer.
(m)
This section is effective June 1, 2004.
]
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
or her
] license.
, either verbally or in writing,
] or performing
work, either personally or through an employee or subcontractor.
for compliance with
]
mechanical integrity. Verification may include, but is not limited to:
Personal
] inspection of
a job;
Contacting
] the customer
by mail, e-mail, or telephone to determine if the customer is satisfied with
the installation and service provided;
Reviewing
] a checklist
completed by a person who performed some or all of the work on a job; and
Reviewing
] an inspection
report of the job made by a municipal mechanical inspector.
(17)
Filed--a document is deemed
to have been filed with the department on the date that the document has been
received by the department or, if the document has been mailed to the department,
the postmark date of the document.]
(18)
] 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.
(19)
] Licensee--an individual
holding a license of the class and endorsement appropriate to the work performed
under the Act and these rules.
(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:
(23)
] 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.
Coordinating Board of the Texas College & University
System,
] or other organizations recognized by the Department. Credit
will be allowed at the rate of one month credit for every two months of completed
training. Thirty semester hours are equivalent to six months credit of experience.
For schools issuing certificates based on classroom hours, fifteen lecture
hours are equivalent to one semester hour and 30 lab hours are equivalent
to one semester hour.
(c)
Obtaining a license by fraud
or false representation is grounds for revocation, license denial, or other
administrative sanction and/or penalty.]
(b)
The examinations will be administered
to applicants in a format determined by the Department.]
(c)
Subject to the following provisions,
an applicant may request an accommodation in accordance with the Americans
with Disabilities Act or language translation.]
(1)
The request must be in writing on a form approved
by the Department.]
(2)
Proof of disability may be required.]
(3)
Language translation costs shall be paid by
the applicant.]
(d)
] An applicant who does not
show up for a scheduled examination will forfeit the examination fee.
(e)
] Cheating on an examination
is grounds for denial, suspension, or revocation of a license and/or an administrative
penalty.
(f)
] An applicant who has passed
an exam for a particular class and endorsement and
is
[
has
been
] licensed or is eligible for licensure in that class and endorsement,
may not retake that examination.
Licensing Requirements--General ].
(a)
An air conditioning and refrigeration
contracting company shall not use a license number that is not assigned to
that company.]
(b)
]
The term of an
[
All
] air conditioning and refrigeration contractor's
license is
[
licenses expire
] one year [
after the date issued,
renewed, or reissued
].
(c)
] A license [
number
]
is not transferable.
(d)
Endorsement Codes are as follows:
Environmental Air Conditioning-E; Commercial Refrigeration & Process Cooling
and Heating-R; Combined Endorsements-C. License numbers shall have the following
form: Title/Class/Number/Endorsement code-TACL/A/000000/C.]
(e)
] A holder of a Class B license
with the proper endorsement
may
perform air conditioning and refrigeration
work in
[
design, install, construct, maintain, service, repair,
alter, or modify individual units of 25 tons or less of cooling capacity or
1.5 million Btu/h or less of heating capacity. In
] a building or a complex
of buildings having more than one air conditioning or heating unit
.
The
[
, 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.
(f)
] Any contractor who has a Class
B license with one or
combined
[
two
] endorsements may
upgrade
an endorsement(s)
[
either endorsement
] by passing
the Class A examination for that endorsement.
(g)
] A contractor who
has
[
wishes to have
] endorsements of different classes
will be issued
[
must have
] a separate license
number
for each endorsement. The licenses will [
not
] have concurrent
expiration dates
and will be printed on a single document.
[
unless both are issued on the same date.
]
(h)
] 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.
(i)
] 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.
(j)
] 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.
(k)
Altering a license in any
way is prohibited and is grounds for a sanction and/or penalty.]
(l)
If a licensee contracts with
a general contractor or a home warranty company to provide installation or
service that requires a license under the Act, the licensee remains responsible
for the proper installation, service, and mechanical integrity of that work.]
(m)
The wallet card is the actual
license and will include, but is not limited to, the licensee's name, business
name and address, license number, endorsements, and effective revision (if
any) and expiration dates of the license. A wall certificate will be issued
to a new licensee.]
ten business
]
days from the date the license holder became unavailable;
method
]. The temporary license shall be numbered
by the Department as follows: Title/Class/Number/Endorsement code/Temporary
Designation.
(f)
The Executive Director may
waive any provision under this section and issue a temporary license for just
cause.]
request
] must
contain:
provided by
] the
Department or a request for a waiver of insurance, if applicable.
Persons
] who purchase
refrigerants or equipment containing refrigerants shall, at the time of purchasing
such items, provide to the seller a picture identification along with the
Certificate of Registration.
as defined
under Section
] 1302.054 and
§
[
Section
] 1302.056
of the Act.
(h)
Obtaining a Certificate of
Registration by fraud or false representation is grounds for an administrative
sanction and/or penalty.]
(4)
a person who performs air
conditioning contracting on unducted fireplace stoves;]
(5)
] persons who perform air conditioning
contracting on ducted or unducted environment air conditioning equipment of
three tons or less on non-commercial boats; and
(6)
] 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.
admitted
company or an eligible surplus lines carrier, as defined in Chapter 255 of
] the Texas Insurance Code [
or other insurance companies that are
rated by A.M. Best Company as B+ or higher
].
or her
] license with the general public [
unless
exempted under Subchapter B of the Act
].
(h)
Failure to maintain insurance
or failure to provide a certificate of insurance when requested is grounds
for administrative penalties and license sanctions.]
Executive Director
] on adopting rules, enforcing and administering the Act, and setting
fees.
(b)
Recommendations of the Board
will be transmitted to the Executive Director through the General Counsel.]
(c)
Board meetings are called
by the chair. Meetings in excess of one every six months may be authorized
by the Executive Director.]
(d)
]
Expense reimbursements
[
Expenses reimbursed
] to board members
:
is
] limited to authorized
expenses incurred while traveling to and from board meetings
; and
[
.
]
(e)
] [
Expenses paid to board
members
] shall 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.
(f)
] 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.
and the Air Conditioning and Refrigeration Contracting Company ].
a business
], assign his [
or her
] license to one company or one permanent office of the company that
will use the license;
a bona fide
] 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;
or her
] 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)
furnish to the Department
copies of assumed name registrations from the Secretary of State and/or County
Clerk's office;]
(6)
] verify that all work for which
he [
or she
] 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;
and
(7)
]
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.
(b)
An Air Conditioning and Refrigeration
Contracting Company shall:]
(1)
notify the Department of all licensees who
have assigned their licenses to the company, and shall notify the Department
within ten business days when any licensee whose license is assigned to the
company has left their employ;]
(2)
furnish to the Department copies of assumed
name registrations from the Secretary of State and/or County Clerk's office;]
(3)
maintain records on their 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 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.]
(c)
A person or an air conditioning and refrigeration
contracting company that performs air conditioning and refrigeration contracting
shall:
]
(1)
] provide proper installation
and
[
,
] service, and
assure the
mechanical integrity
of work and installations performed or supervised by the licensee;
(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.
(d)
] A licensee may subcontract
portions of work requiring a license under the Act to unlicensed persons,
firms, or corporations as long as:
bona fide
]
employees;
bona fide
] employees consists of more than accepting a contract
or request for service, scheduling the work, and providing supervision of
the work; and
(e)
] The design of a system may
not be subcontracted to an unlicensed person, firm or corporation.
(f)
] 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.
(g)
Each air conditioning and
refrigeration contracting company shall have a licensee employed full time
in each permanent office from which work requiring a license under the Act
is contracted and supervised. All work requiring a license under the Act shall
be under the direct supervision of the licensee for that office.]
(h)
] The licensee is responsible
[
under the Act
] for all work performed under
his
[
his/her
] supervision, regardless of whether [
or not
] 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.
(i)
If an air conditioning and
refrigeration contracting company uses locations other than a permanent office,
those locations shall be used only 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. The air conditioning and refrigeration contracting company shall
provide the address of these other locations to the Department no later than
30 days after the locations are established or changed.]
(j)
] A licensee
shall
[
may
] not
allow another individual
[
permit a person or
any company with which his or her license is not affiliated, and by whom he
or she is not employed, or contracted with
] to use his [
or her
] license for any purpose.
(k)
Each licensee and air conditioning
and refrigeration contracting company shall display the license number 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 shall 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 license number and company name.]
(l)
All advertising by licensees
and air conditioning and refrigeration contracting companies designed to solicit
air conditioning or refrigeration business shall include the 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 is licensed by the state. The license number must
be provided upon request of a consumer.]
(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.]
(m)
An invoice shall be provided
to the consumer for all work performed. The company name, address, and phone
number shall appear on all proposals and invoices. The licensee's license
number shall appear on all proposals and invoices for that office. 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'' shall
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.]
(n)
A licensee or an air conditioning
and refrigeration contracting company that also acts as a general contractor
may provide a one-time notice stating the information above to customers for
whom they provide services requiring a license under the Act.]
(o)
] A licensee shall:
ten
] days of any change in permanent mailing address, company location,
company telephone number or change in assignment of license; and
(2)
if the information is printed
on the license:]
(A)
destroy the current original license;]
(B)
pay the appropriate revision fee required in §75.80;
and]
(C)
] provide a revised insurance
certificate to the Department within
thirty
[
ten
] days
of a change in the name [
or address
] of the company to which the
license is assigned.
(p)
The permanent address shall
be considered the licensee's permanent mailing address and address of record.
All correspondence from the Department will be mailed to that address.]
$50
].
License fees are:
]
(1)
initial license is $80 and]
(2)
]
[
renewal
] fee is $80.
The addition of an
] endorsement
to an existing license is $25. [
This fee may be waived if the reprint
coincides with a renewal or revision, for which required fees are paid.
]
Department
] of Licensing and Regulation).
current
] National Electrical Code, the licensee may install a disconnect
[
directly adjacent to or on the replacement system
] and reconnect
the system.
current
] National Electrical Code.
Chapter 83.
COSMETOLOGISTS