AIR CONDITIONING AND REFRIGERATION CONTRACTORS

Occupations Code
Title 8. Regulation of Environmental and Industrial Trades
Chapter 1302
Administered by the Texas Department of Licensing and Regulation
(Effective September 1, 2007)

Table of Contents

SUBCHAPTER A. GENERAL PROVISIONS...................................................................................................................... 1

§ 1302.001. SHORT TITLE ................................................................................................................................................... 1
§ 1302.002. DEFINITIONS .................................................................................................................................................... 1
SUBCHAPTER B. EXEMPTIONS.......................................................................................................................................... 2
§ 1302.051. LIMITATION ON EXEMPTIONS .......................................................................................................................... 2
§ 1302.052. APPLICATION OF MUNICIPAL ORDINANCES ..................................................................................................... 2
§ 1302.053. HOMEOWNERS ................................................................................................................................................. 2
§ 1302.054. CERTAIN MAINTENANCE PERSONNEL .............................................................................................................. 2
§ 1302.055. CERTAIN UTILITIES PERSONNEL ...................................................................................................................... 3
§ 1302.056. ENGINEERS ...................................................................................................................................................... 3
§ 1302.057. INDUSTRIAL OPERATION PERSONNEL .............................................................................................................. 3
§ 1302.058. CERTAIN PRODUCTS OR EQUIPMENT ............................................................................................................... 3
§ 1302.059. MOTOR VEHICLES ........................................................................................................................................... 3
§ 1302.060. VENT HOODS ................................................................................................................................................... 3
§ 1302.061. MANUFACTURED HOMES ................................................................................................................................. 3
§ 1302.062. NO LICENSE REQUIRED FOR CERTAIN ASSISTANTS ......................................................................................... 3
§ 1302.063. NO EXEMPTION FOR CERTAIN PERSONS LICENSED UNDER OTHER LAW ......................................................... 4
SUBCHAPTER C. POWERS AND DUTIES ......................................................................................................................... 4
§ 1302.101. GENERAL POWERS AND DUTIES....................................................................................................................... 4
§ 1302.102. INSURANCE REQUIREMENTS ............................................................................................................................ 4
§ 1302.103. RULES REGARDING USE AND DISPLAY OF LICENSE ......................................................................................... 4
§ 1302.104. CONTRACTS FOR ENFORCEMENT ..................................................................................................................... 4
§ 1302.105. PERSONNEL; EXAMINERS ................................................................................................................................. 4
§ 1302.106. DIRECTORY OF LICENSE HOLDERS .................................................................................................................. 5
SUBCHAPTER D. CONSUMER INTEREST INFORMATION AND COMPLAINTS.................................................... 5
§ 1302.151. CONSUMER INTEREST INFORMATION ............................................................................................................... 5
SUBCHAPTER E. AIR CONDITIONING AND REFRIGERATION CONTRACTORS ADVISORY BOARD ........... 5
§ 1302.201. ADVISORY BOARD MEMBERSHIP ..................................................................................................................... 5
§ 1302.202. APPOINTED MEMBERS ..................................................................................................................................... 5
§ 1302.203. EX OFFICIO MEMBERS ..................................................................................................................................... 6
§ 1302.204. ADVISORY BOARD DUTIES .............................................................................................................................. 6
§ 1302.205. TERMS; VACANCY ........................................................................................................................................... 6
§ 1302.206. PRESIDING OFFICER ......................................................................................................................................... 6
§ 1302.207. COMPENSATION; REIMBURSEMENT ................................................................................................................. 6
§ 1302.208. MEETINGS........................................................................................................................................................ 6
§ 1302.209. VOTE REQUIRED FOR ACTION .......................................................................................................................... 6
SUBCHAPTER F. LICENSE REQUIREMENTS ................................................................................................................. 6
§ 1302.251. LICENSE REQUIRED ......................................................................................................................................... 6
§ 1302.252. REQUIREMENT FOR AIR CONDITIONING AND REFRIGERATION CONTRACTING COMPANY ............................... 7
§ 1302.253. LICENSE CLASSIFICATIONS .............................................................................................................................. 7
§ 1302.254. LICENSE ENDORSEMENTS ................................................................................................................................ 7
§ 1302.255. ELIGIBILITY REQUIREMENTS ........................................................................................................................... 7
§ 1302.256. APPLICATION; FEE ........................................................................................................................................... 8
§ 1302.257. EXAMINATIONS................................................................................................................................................ 8
§ 1302.260. ISSUANCE AND TERM OF LICENSE .................................................................................................................... 8
 § 1302.261. TEMPORARY LICENSE ...................................................................................................................................... 9
§ 1302.262. NOTICE TO MUNICIPALITIES ............................................................................................................................ 9
§ 1302.263. LIMITATION ON LICENSE HOLDER OR REGISTERED TECHNICIAN ..................................................................... 9
SUBCHAPTER G. MUNICIPAL LICENSING AND REGULATION ............................................................................... 9
§ 1302.301. MUNICIPAL LICENSE ........................................................................................................................................ 9
§ 1302.302. MUNICIPAL LICENSE: ELIGIBILITY REQUIREMENTS ....................................................................................... 10
§ 1302.303. MUNICIPAL AIR CONDITIONING AND REFRIGERATION STANDARDS .............................................................. 10
SUBCHAPTER H. SALE AND USE OF REFRIGERANTS .............................................................................................. 10
§ 1302.351. APPLICATION OF SUBCHAPTER ...................................................................................................................... 10
§ 1302.352. COMPLIANCE WITH FEDERAL REQUIREMENTS .............................................................................................. 10
§ 1302.353. PURCHASE OF REFRIGERANT: LICENSE OR REGISTRATION REQUIRED ........................................................... 10
§ 1302.354. REGISTRATION ............................................................................................................................................... 10
§ 1302.355. PURCHASE OF REFRIGERANT: EVIDENCE REQUIREMENT ............................................................................... 11
§ 1302.356. SALE OR USE OF CERTAIN REFRIGERANTS PROHIBITED ................................................................................ 11
SUBCHAPTER I. DISCIPLINARY ACTION AND PROCEDURES ............................................................................... 11
§ 1302.401. DISCIPLINARY ACTION .................................................................................................................................. 11
§ 1302.402. ADMINISTRATIVE PROCEDURES ..................................................................................................................... 11
SUBCHAPTER J. PENALTIES AND ENFORCEMENT PROVISIONS......................................................................... 12
§ 1302.451. EMERGENCY AND CEASE AND DESIST ORDERS ............................................................................................. 12
§ 1302.452. CITATIONS FOR CERTAIN VIOLATIONS .......................................................................................................... 12
§ 1302.453. CRIMINAL PENALTY ...................................................................................................................................... 12
SUBCHAPTER K. AIR CONDITIONING AND REFRIGERATION TECHNICIANS ................................................. 12
§ 1302.501. REGISTRATION REQUIRED ............................................................................................................................. 12
§ 1302.502. RULES ............................................................................................................................................................ 12
§ 1302.503. SUPERVISION REQUIREMENTS FOR REGISTRANTS .......................................................................................... 13
§ 1302.504. APPLICATION; FEE ......................................................................................................................................... 13
§ 1302.505. ISSUANCE AND TERM OF REGISTRATION........................................................................................................ 13
§ 1302.506. TEMPORARY REGISTRATION .......................................................................................................................... 13
§ 1302.507. RENEWAL OF REGISTRATION ......................................................................................................................... 13
§ 1302.508. CERTIFIED TECHNICIAN ................................................................................................................................. 13
 SUBCHAPTER A. GENERAL PROVISIONS

§ 1302.001. Short Title

This chapter may be cited as the Air Conditioning and Refrigeration Contractor License Law.

§ 1302.002. Definitions

In this chapter:

(1) “Advisory board” means the air conditioning and refrigeration contractors advisory board.

(2) “Air conditioning and refrigeration contracting” means performing or offering to perform the
design, installation, construction, repair, maintenance, service, or modification of equipment or a
product in an environmental air conditioning system, a commercial refrigeration system, or a
process cooling or heating system.

(3) “Air conditioning and refrigeration contracting company” means a person who or business entity
that engages in air conditioning and refrigeration contracting for the public.

(4) “Air conditioning and refrigeration contractor” means a person who engages in air conditioning
and refrigeration contracting.

(5) “Air conditioning and refrigeration maintenance work” means all work, including repair work,
required for the continued normal performance of an environmental air conditioning system, a
process cooling or heating system, a commercial refrigeration system, or commercial refrigeration
equipment. The term does not include:

(A) the total replacement of a system; or

(B) the installation or repair of a boiler or pressure vessel that must be installed in accordance
with rules adopted by the commission under Chapter 755, Health and Safety Code.

(5-a) “Air conditioning and refrigeration technician” means a person who assists a licensed air
conditioning and refrigeration contractor in performing air conditioning and refrigeration
maintenance work.

(5-b) “Certified technician” means a registered technician who has completed a certification
examination.

(6) “Commercial refrigeration” means the use of mechanical or absorption equipment to control
temperature or humidity to satisfy the intended use of a specific space.

(7) “Commission” means the Texas Commission of Licensing and Regulation.

(9) “Cooling capacity” means the nominal tonnage of compression equipment based on 40 degrees
Fahrenheit suction temperature and 105 degrees Fahrenheit condensing temperature.

(10) “Department” means the Texas Department of Licensing and Regulation.

(11) “Environmental air conditioning” means treating air to control temperature, humidity, cleanliness,
ventilation, and circulation to meet human comfort requirements.

(11-a) “Executive director” means the executive director of the department.

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 (12) “Mechanical integrity” means the condition of a product, a system, or equipment installed in
accordance with its intended purpose and according to:

(A) standards at least as strict as the standards provided by:

(i) the Uniform Mechanical Code; and

(ii) the International Mechanical Code;

(B) all other applicable codes; and

(C) the manufacturer's specifications.

(13) “MVAC-like appliance” has the meaning assigned that term by 40 C.F.R. Section 82.152.

(14) “Person” means an individual.

(15) “Process cooling or heating” includes controlling temperature, humidity, or cleanliness solely for
production requirements or the proper operation of equipment.

(16) “Refrigerant” means a class I or class II substance as listed in 42 U.S.C. Section 7671a and rules
adopted under that section.

(17) “Registered technician” means an air conditioning and refrigeration technician who is registered
with the department.

SUBCHAPTER B. EXEMPTIONS

§ 1302.051. Limitation on Exemptions

The exemptions provided by this subchapter do not exempt a person from the application of Subchapter H, except as
otherwise provided by Subchapter H.

§ 1302.052. Application of Municipal Ordinances

Work performed by a person who is exempt from this chapter is subject to any permit, inspection, or approval
required by a municipal ordinance.

§ 1302.053. Homeowners

This chapter does not apply to a person who engages in air conditioning and refrigeration contracting in a building
owned solely by the person as the person's home.

§ 1302.054. Certain Maintenance Personnel

This chapter does not apply to a person who performs air conditioning and refrigeration maintenance work if:

(1) the person is a maintenance person or maintenance engineer and is a regular employee of the
owner, lessee, or management company of the property where the work is being performed;

(2) the person performs the work in connection with the business in which the person is employed;
and

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 (3) the person and the person's employer do not engage in air conditioning and refrigeration
contracting for the public.

§ 1302.055. Certain Utilities Personnel

This chapter does not apply to a person who engages in air conditioning and refrigeration contracting and is
regularly employed by a regulated electric or gas utility.

§ 1302.056. Engineers

This chapter does not apply to a person who is licensed as an engineer under Chapter 1001 and engages in air
conditioning and refrigeration contracting work in connection with the business in which the person is employed but
does not engage in that work for the public.

§ 1302.057. Industrial Operation Personnel

This chapter does not apply to a person who is employed by an industrial operation, including a chemical plant,
petrochemical plant, refinery, natural gas plant, or natural gas treating plant, and performs process cooling or heating
work for the operation.

§ 1302.058. Certain Products or Equipment

This chapter does not apply to a person who engages in air conditioning and refrigeration contracting on:

(1) a portable or self-contained ductless air conditioning product that has a cooling capacity of three
tons or less;

(2) a portable or self-contained heating product that does not require the forced movement of air
outside the heating unit;

(3) environmental air conditioning equipment that is intended for temporary use and is not fixed in
place; or

(4) a residential refrigerator, freezer, or ice machine.

§ 1302.059. Motor Vehicles

This chapter does not apply to a person who engages in or employs a person who engages in air conditioning
services only on a motor vehicle or MVAC-like appliance air conditioner.

§ 1302.060. Vent Hoods

This chapter does not apply to a person who installs, repairs, or removes a vent hood of the type commonly used in
residential or commercial kitchens.

§ 1302.061. Manufactured Homes

This chapter does not apply to a person or entity licensed as a manufacturer, retailer, rebuilder, or installer under
Chapter 1201 and engaged exclusively in air conditioning and refrigeration contracting for manufactured homes if
the installation of air conditioning components at the site where the home will be occupied is performed by a person
licensed under this chapter.

§ 1302.062. No License Required for Certain Assistants

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A person is not required to hold a license if the person assists in air conditioning and refrigeration contracting under
the supervision of a license holder.

§ 1302.063. No Exemption for Certain Persons Licensed Under Other Law

A person who is licensed and engaged in business in this state as a plumber or who is regulated under Chapter 113,
Natural Resources Code, may not engage or offer or attempt to engage in air conditioning and refrigeration
contracting without a license under this chapter.

SUBCHAPTER C. POWERS AND DUTIES

§ 1302.101. General Powers and Duties

(a) The commission shall adopt rules for the practice of air conditioning and refrigeration contracting that are
at least as strict as the standards provided by:

(1) the Uniform Mechanical Code; and

(2) the International Mechanical Code.

(b) The executive director shall prescribe the design of an original and a renewal license.

(c) The commission shall maintain a record of the commission's proceedings under this chapter.

(d) The executive director may authorize disbursements necessary to implement this chapter, including
disbursements for office expenses, equipment costs, and other necessary facilities.

(e) The department may examine any criminal conviction, guilty plea, or deferred adjudication of an applicant
for issuance or renewal of a license, including by obtaining any criminal history record information
permitted by law.

§ 1302.102. Insurance Requirements

(a) The executive director shall set insurance requirements for a license holder under this chapter.

(b) The executive director may waive the insurance requirements for a license holder who does not engage in
air conditioning and refrigeration contracting for the public.

§ 1302.103. Rules Regarding Use and Display of License

The commission, with the advice of the advisory board, shall adopt rules relating to the use, display, and
advertisement of a license.

§ 1302.104. Contracts for Enforcement

The department may contract with another state agency or a political subdivision of the state to enforce this chapter
and rules adopted under this chapter.

§ 1302.105. Personnel; Examiners

(a) The department may employ personnel necessary to administer this chapter.

(b) The department shall employ at least two full-time air conditioning and refrigeration contractors to serve as
examiners.

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§ 1302.106. Directory of License Holders

(a) The department shall annually publish a directory of license holders.

(b) The department may sell the directory on payment of a reasonable fee set by the commission.

SUBCHAPTER D. CONSUMER INTEREST INFORMATION AND COMPLAINTS

§ 1302.151. Consumer Interest Information

(a) The executive director shall prepare information of consumer interest describing:

(1) the functions performed by the executive director under this chapter; and

(2) the rights of a consumer affected by this chapter.

(b) The information must describe the procedure by which a consumer complaint is filed with and resolved by
the executive director.

(c) The executive director shall make the information available to the public.

SUBCHAPTER E. AIR CONDITIONING AND REFRIGERATION CONTRACTORS ADVISORY

BOARD

§ 1302.201. Advisory Board Membership

The air conditioning and refrigeration contractors advisory board consists of six members appointed by the presiding
officer of the commission, with the commission’s approval, and two ex officio nonvoting members.

§ 1302.202. Appointed Members

(a) Each appointed advisory board member must be experienced in the design, installation, construction,
maintenance, service, repair, or modification of equipment used for environmental air conditioning,
commercial refrigeration, or process cooling or heating. Of the appointed members:

(1) one must be an official of a municipality with a population of more than 250,000;

(2) one must be an official of a municipality with a population of not more than 250,000; and

(3) four must be full-time licensed air conditioning and refrigeration contractors, as follows:

(A) one member who holds a Class A license and practices in a municipality with a
population of more than 250,000;

(B) one member who holds a Class B license and practices in a municipality with a
population of more than 250,000;

(C) one member who holds a Class A license and practices in a municipality with a
population of more than 25,000 but not more than 250,000; and

(D) one member who holds a Class B license and practices in a municipality with a
population of not more than 25,000.

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(b) At least one appointed advisory board member must be an air conditioning and refrigeration contractor who
employs organized labor and at least two appointed members must be air conditioning and refrigeration
contractors who are licensed engineers.

§ 1302.203. Ex Officio Members

The executive director and the chief administrator of this chapter serve as ex officio, nonvoting members of the
advisory board.

§ 1302.204. Advisory Board Duties

(a) The advisory board shall advise the commission in adopting rules and in administering and enforcing this
chapter.

(b) The advisory board shall advise the commission in setting fees under this chapter.

§ 1302.205. Terms; Vacancy

(a) Appointed advisory board members serve staggered six-year terms. The terms of two appointed members
expire on February 1 of each odd-numbered year.

(b) If a vacancy occurs during an appointed member's term, the presiding officer of the commission, with the
commission’s approval, shall fill the vacancy for the remainder of the unexpired term with a person who
represents the same interests as the predecessor.

§ 1302.206. Presiding Officer

The presiding officer of the commission, with the commission’s approval, shall designate one member of the
advisory board to serve as presiding officer of the board for two years.

§ 1302.207. Compensation; Reimbursement

An appointed advisory board member serves without compensation but is entitled to reimbursement for actual and
necessary expenses incurred in performing functions as an advisory board member, subject to any applicable
limitation on reimbursement provided by the General Appropriations Act.

§ 1302.208. Meetings

(a) The advisory board shall meet at least every six months and may meet at other times at the call of the
presiding officer.

(b) The advisory board shall meet in this state at a place designated by the board.

§ 1302.209. Vote Required for Action

A decision of the advisory board is not effective unless it receives the affirmative vote of at least four members.

SUBCHAPTER F. LICENSE REQUIREMENTS

§ 1302.251. License Required

(a) A person may not engage in air conditioning and refrigeration contracting unless the person holds a license
under this subchapter or Subchapter G.

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(b) A license issued under this subchapter is valid throughout the state. A person who holds a license issued
under this subchapter is not required to hold a municipal license under Subchapter G to engage in air
conditioning and refrigeration contracting in any municipality in this state.

§ 1302.252. Requirement for Air Conditioning and Refrigeration Contracting Company

(a) An air conditioning and refrigeration contracting company must employ full-time in each permanent office
a license holder who holds an appropriate license assigned to that company.

(b) A company that does not employ a license holder as required by Subsection (a) at the time a contract for air
conditioning and refrigeration contracting services is signed and at the time the services are performed may
not collect a fee or otherwise enforce the contract.

§ 1302.253. License Classifications

(a) The executive director shall issue a Class A or Class B air conditioning and refrigeration contractor license.

(b) A Class A license entitles the license holder to engage in each type of air conditioning and refrigeration
contracting that is endorsed on the license in relation to a system, a product, or equipment of any size or
capacity.

(c) A Class B license entitles the license holder to engage in each type of air conditioning and refrigeration
contracting that is endorsed on the license in relation to a system, a product, or equipment of not more than:

(1) 25 tons cooling capacity; or

(2) 1.5 million British thermal units per hour output heating capacity.

§ 1302.254. License Endorsements

(a) An air conditioning and refrigeration contractor license must be endorsed with one or both of the following
endorsements:

(1) an environmental air conditioning endorsement; or

(2) a commercial refrigeration and process cooling or heating endorsement.

(b) An environmental air conditioning endorsement entitles the license holder to engage in air conditioning and
refrigeration contracting for environmental air conditioning within the class of license held.

(c) A commercial refrigeration and process cooling or heating endorsement entitles the license holder to
engage in air conditioning and refrigeration contracting for commercial refrigeration and process cooling or
heating within the class of license held.

(d) A license holder may not engage in a type of air conditioning and refrigeration contracting for which the
person's license is not endorsed.

§ 1302.255. Eligibility Requirements

(a) An applicant for a license under this chapter must:

(1) be at least 18 years old; and

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

(b) For purposes of determining an applicant's practical experience under Subsection (a)(2), a degree or
diploma in air conditioning engineering, refrigeration engineering, or mechanical engineering is equivalent
to two years of practical experience if:

(1) the degree or diploma is from an institution of higher education; and

(2) the institution's program is approved by the Texas Board of Professional Engineers for the purpose
of licensing engineers.

§ 1302.256. Application; Fee

(a) An applicant for a license must submit a verified application on a form prescribed by the executive director.

(b) The application must specify the class of license and each endorsement for which the applicant is applying.

(c) The application must be accompanied by:

(1) a statement containing evidence satisfactory to the executive director of the applicant's practical
experience required by Section 1302.255(a)(2); and

(2) the examination fee.

§ 1302.257. Examinations

(a) The executive director shall prescribe:

(1) a separate examination for each class of license; and

(2) within each class of license, a separate examination for:

(A) an environmental air conditioning endorsement; and

(B) a commercial refrigeration and process cooling or heating endorsement.

(b) The executive director shall prescribe the method and content of an examination administered under this
chapter and shall set compliance requirements for the examination. To obtain an endorsement, an applicant
must pass the examination for the endorsement.

(c) The examination shall be offered on a monthly basis or more frequently as determined by the executive
director.

(d) The examination shall be offered at locations within the state as determined by the executive director. The
examination may be offered by computer at locations within the state as determined by the executive
director.

§ 1302.260. Issuance and Term of License

(a) On payment of the license fee, the executive director shall issue an air conditioning and refrigeration
contractor license to an applicant who:

(1) meets the requirements of this subchapter;

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 (2) provides evidence of insurance coverage required by the executive director in accordance with this
chapter; and

(3) passes the applicable examination.

(b) A license issued under this chapter expires at the end of the license period set by the commission.

§ 1302.261. Temporary License

The commission by rule may provide for the issuance of a temporary air conditioning and refrigeration contracting
license to an applicant who:

(1) submits to the executive director an application on a form prescribed by the executive director;
and

(2) pays the required fees.

§ 1302.262. Notice to Municipalities

(a) A person who obtains a license under this subchapter shall provide a notice to the municipal authority that
enforces air conditioning and refrigeration contracting regulations in the municipality in which the person
engages in air conditioning and refrigeration contracting.

(b) The notice must inform the municipality that the person has obtained a license under this subchapter and
must be in the form required by the municipality.

(c) A municipality may charge a fee to a person who provides the notice required by this section. The
municipality shall set the fee in an amount reasonable and necessary to administer this section.

§ 1302.263. Limitation on License Holder or Registered Technician

A person licensed under this chapter may not:

(1) perform or offer or attempt to perform an act, service, or function that is:

(A) defined as the practice of engineering under Chapter 1001, unless the person holds a
license under that chapter;

(B) regulated under Chapter 113, Natural Resources Code, unless the person holds a license
or is exempt by rule under that chapter; or

(C) defined as plumbing under Chapter 1301, unless the person holds a license under that
chapter; or

(2) use the services of a person who is not a registered technician or a licensed air conditioning and
refrigeration contractor to assist in the performance of air conditioning and refrigeration
maintenance work.

SUBCHAPTER G. MUNICIPAL LICENSING AND REGULATION

§ 1302.301. Municipal License

An air conditioning and refrigeration contractor license issued by a municipality of this state and that complies with
the requirements of this subchapter is valid under the terms of the license within the municipality.

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§ 1302.302. Municipal License: Eligibility Requirements

An applicant for a municipal license must:

(1) pass an examination that covers the same subjects as the examination required under Subchapter F
for a license of the class that entitles the holder of the license to perform the work the applicant
proposes to perform; and

(2) meet experience requirements that are at least as strict as the requirements under Section
1302.255(a)(2).

§ 1302.303. Municipal Air Conditioning and Refrigeration Standards

(a) A municipality may by ordinance adopt and enforce standards for air conditioning and refrigeration
contractors that are consistent with the standards established under this chapter.

(b) The municipality shall report a violation of the ordinance to the executive director not later than the 10th
day after the date the municipality acts to enforce the ordinance.

SUBCHAPTER H. SALE AND USE OF REFRIGERANTS

§ 1302.351. Application of Subchapter

This subchapter does not apply to:

(1) a "small appliance" as defined by 40 C.F.R. Section 82.152, as amended; or

(2) a person who is exempt from this chapter under Section 1302.055, 1302.057, or 1302.059.

§ 1302.352. Compliance With Federal Requirements

(a) A person who purchases, sells, or uses a refrigerant in this state shall comply with the requirements of the
federal Clean Air Act (42 U.S.C. Section 7401 et seq.) and rules adopted under that Act.

(b) Consistent with Subsection (a), the department shall regulate the sale and use of a refrigerant as provided
by this subchapter.

§ 1302.353. Purchase of Refrigerant: License or Registration Required

(a) Except as provided by Subsection (b), a person may not purchase a refrigerant or equipment containing a
refrigerant in this state unless the person holds:

(1) a license under Subchapter F or G; or

(2) a certificate of registration issued by the department under this subchapter.

(b) A person authorized to purchase a refrigerant under other state or federal law may purchase a refrigerant if
the person's use is exempt from this chapter under Section 1302.053, 1302.055, 1302.057, 1302.058, or
1302.059.

§ 1302.354. Registration

(a) A person who is exempt from this chapter under Section 1302.054 or 1302.056 must obtain a certificate of
registration from the department to purchase a refrigerant.

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(b) The commission by rule shall adopt requirements governing the registration and issuance of a certificate of
registration.

§ 1302.355. Purchase of Refrigerant: Evidence Requirement

(a) Except as provided by Subsection (b), a person who purchases a refrigerant must provide to the seller
evidence of the person's compliance with the applicable license or registration requirement under this
chapter.

(b) A purchaser described by Section 1302.353(b) is not required to provide evidence of the person's
exemption to a seller.

(c) The commission by rule shall establish requirements for evidence that satisfies this section.

§ 1302.356. Sale or Use of Certain Refrigerants Prohibited

A person may not:

(1) sell a flammable refrigerant or refrigerant substitute that contains a liquid petroleum-based product
for use in an automotive, aviation, commercial, or residential air conditioning or refrigeration
system; or

(2) use a flammable refrigerant or refrigerant substitute that contains a liquid petroleum-based product
in the maintenance or installation of any system relating to aircraft.

SUBCHAPTER I. DISCIPLINARY ACTION AND PROCEDURES

§ 1302.401. Disciplinary Action

(a) A person is subject to the denial of an application, imposition of an administrative penalty under
Subchapter F, Chapter 51, or disciplinary action under Section 51.353 if the person:

(1) violates this chapter or a rule adopted under this chapter; or

(2) violates a municipal ordinance adopted under Section 1302.303.

(b) A violation of this chapter includes:

(1) failing to provide proper installation, service, or mechanical integrity;

(2) intentionally or knowingly misrepresenting a necessary service, service to be provided, or service

that has been provided; or

(3) making a fraudulent promise to induce a person to contract for services.

§ 1302.402. Administrative Procedures

A proceeding for the denial of a license or registration application or disciplinary action and an appeal from that
proceeding are governed by Chapter 2001, Government Code.

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 SUBCHAPTER J. PENALTIES AND ENFORCEMENT PROVISIONS

§ 1302.451. Emergency and Cease and Desist Orders

(a) The executive director may issue an emergency order as necessary to enforce this chapter if the executive
director determines that an emergency exists requiring immediate action to protect the public health and
safety.

(b) The executive director may issue the emergency order without notice and hearing or with any notice and
hearing the executive director considers practicable under the circumstances. The executive director shall
set the time and place for a hearing to affirm, modify, or set aside an emergency order that was issued
without a hearing.

(c) The executive director may issue a cease and desist order.

§ 1302.452. Citations for Certain Violations

(a) A municipal or county official may issue a citation to an air conditioning and refrigeration contracting
company that engages in air conditioning and refrigeration contracting without complying with Section
1302.252.

(b) The department or a municipal air conditioning or refrigeration inspector within the jurisdiction of the
municipality in which a violation occurs may issue a citation to a person who violates Section 1302.353(a)
or 1302.355(a).

§ 1302.453. Criminal Penalty

(a) A person commits an offense if the person:

(1) knowingly engages in air conditioning and refrigeration contracting without holding a license
issued under this chapter; or

(2) purchases a refrigerant or equipment containing a refrigerant in this state in violation of Section
1302.353, 1302.355, or 1302.356.

(b) It is an exception to the application of this section with respect to a purchase of a refrigerant or equipment
containing a refrigerant in this state in violation of Section 1302.356 that the refrigerant or equipment is
purchased for use only in a motor vehicle and that use is authorized by the United States Environmental
Protection Agency.

(c) An offense under this section is a Class C misdemeanor.

SUBCHAPTER K. AIR CONDITIONING AND REFRIGERATION TECHNICIANS

§ 1302.501. Registration Required (This section takes effect June 30, 2008)

(a) A person may not act or offer to act as an air conditioning and refrigeration technician unless the person is
registered under this subchapter.

(b) A registration is valid throughout the state.

§ 1302.502. Rules

The executive director shall adopt rules:

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 (1) providing for the registration of technicians as prescribed by this subchapter; and

(2) establishing fees for issuance and renewal of a registration.

§ 1302.503. Supervision Requirements for Registrants (This section takes effect June 30, 2008)

An air conditioning and refrigeration technician must be supervised by an air conditioning and refrigeration
contractor licensed under this chapter.

§ 1302.504. Application; Fee

(a) An applicant for registration must submit an application on a form prescribed by the commission.

(b) The completed application must be accompanied by the application fee.

§ 1302.505. Issuance and Term of Registration

(a) On receipt of a completed application, the department shall register an applicant who meets the
requirements of this subchapter.

(b) A registration is valid for one year from the date of issuance.

§ 1302.506. Temporary Registration

(a) An applicant for registration may request a temporary registration. The executive director shall issue a
temporary registration that expires on the 21st day after the date of issuance to an applicant who meets the
qualifications for temporary registration.

(b) The commission shall adopt rules providing for the issuance of a temporary registration under this section,
including the qualifications and fee required for the registration.

§ 1302.507. Renewal of Registration

To renew a registration, a registered technician must:

(1) submit a renewal request for a form prescribed by the executive director; and

(2) pay the required renewal fee.

§ 1302.508. Certified Technician

A registered technician may be certified by the department and use the designation “certified technician” if the
registered technician:

(1) completes an application for certification on a form prescribed by the executive director;

(2) pays the application fee; and

(3) provides the department with proof that the registered technician successfully completed a
nationally recognized and administered certification examination or another examination of equal
or greater difficulty approved by the department.

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