Title OC, Occupations Code

Sec. 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, …

Sec. 1302.003. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided by this section, Chapter 601, Business & Commerce Code, does not apply to a good or service provided by a license holder under this chapter if the transaction invol…

Sec. 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 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 …

Sec. 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 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 …

Sec. 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 …

Sec. 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 port…

Sec. 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 an MVAC-like appliance as defined by 40 C.F.R. Section 82.152. Added by Acts 2001, 77th Leg., ch. 1421, Se…

Sec. 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1302.061. MANUFACTURED HOMES. This chapter does not apply to a person or entity licensed as a manufacturer, retailer, or installer under Chapter 1201 and engaged exclusively in air conditioning and refrigeration contracting for manufactured homes if the installation of air c…

Sec. 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 an…

Sec. 1302.064. TECHNOLOGY INTEGRATION. This chapter does not apply to a person licensed under Chapter 1702 of this code or Chapter 6002, Insurance Code, who sells, designs, or offers to sell or design a product or technology, including a burglar alarm or fire alarm, that is integ…

Sec. 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. …

Sec. 1302.1011. RULES. The commission shall adopt rules: (1) providing for the licensing, certification, and registration of persons under this chapter, including requirements for the issuance and renewal of a contractor license, a technician certification, and a technician regis…

Sec. 1302.1015. RULES REGARDING RENEWAL FEE AND CONTINUING EDUCATION EXEMPTIONS FOR CERTAIN LICENSE OR CERTIFICATION HOLDERS. The commission shall adopt rules waiving any applicable renewal fee and providing for a reduction in the number of hours of continuing education required …

Sec. 1302.102. INSURANCE REQUIREMENTS. (a) The commission by rule 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 refrigerati…

Sec. 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 20…

Sec. 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1302.105. PERSONNEL. The department may employ personnel necessary to administer this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 8, eff. June 17, 2011. SUBCHAPTER D. CONSUMER…

Sec. 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 informa…

Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air conditioning and refrigeration contractors advisory board consists of nine members appointed by the presiding officer of the commission with the commission's approval. One member of the advisory board must be a public member. Adde…

Sec. 1302.202. APPOINTED MEMBERS. (a) Except for the public member and the building contractor member, each appointed advisory board member must be experienced in the design, installation, construction, maintenance, service, repair, or modification of equipment used for environme…

Sec. 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. Added by Acts 2001, 77th Leg., ch. 14…

Sec. 1302.205. TERMS; VACANCY. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 871 (S.B. 2075), Sec. 32 (a) Appointed advisory board members serve staggered six-year terms. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 983 (S.B. 705), Sec. 2 (a…

Sec. 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003…

Sec. 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 reim…

Sec. 1302.251. LICENSE REQUIRED. (a) A person may not engage in air conditioning and refrigeration contracting unless the person holds an air conditioning and refrigeration contractor license under this subchapter or Subchapter G. (b) An air conditioning and refrigeration contrac…

Sec. 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 co…

Sec. 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 th…

Sec. 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 e…

Sec. 1302.255. ELIGIBILITY REQUIREMENTS. (a) An applicant for a license under this subchapter must: (1) be at least 18 years old; and (2) have: (A) at least 48 months of practical experience in air conditioning and refrigeration-related work under the supervision of a licensed ai…

Sec. 1302.256. APPLICATION; FEE. (a) An applicant for an air conditioning and refrigeration contractor 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 t…

Sec. 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 a…

Sec. 1302.260. ISSUANCE AND TERM OF LICENSE. (a) The department shall issue an air conditioning and refrigeration contractor license to an applicant who: (1) submits a verified application; (2) passes the applicable examination; (3) meets the requirements of this chapter and rule…

Sec. 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; an…

Sec. 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 cond…

Sec. 1302.263. LIMITATION ON LICENSE HOLDER. A person licensed as a contractor 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 lic…

Sec. 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. Added by Acts 2001, 77th L…

Sec. 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 perfor…

Sec. 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 sh…

Sec. 1302.304. MUNICIPAL FEES. (a) A municipality may not charge a registration fee to a person who holds a license issued under Subchapter F for: (1) work performed in the municipality; or (2) notice provided under Section 1302.262. (b) This section does not prohibit a municipal…

Sec. 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 c…

Sec. 1302.402. ADMINISTRATIVE PROCEDURES. A proceeding for the denial of a license, certification, or registration application or disciplinary action and an appeal from that proceeding are governed by Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3,…

Sec. 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)…