RULE REVIEW - ADOPTION JUSTIFICATION
Chapter 75. Air Conditioning and Refrigeration

(effective January 25, 2019)

The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal 16, Texas Administrative Code (TAC), Chapter 75, Air Conditioning and Refrigeration. The Notice of Intent to Review was published in the August 24, 2018, issue of the Texas Register (43 TexReg 5546). The public comment period closed on September 24, 2018.

Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Air Conditioning and Refrigeration program under Texas Occupations Code, Chapter 1302, were scheduled for this four-year review.

The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration. The rules provide details that are not found in the program statute, but are necessary for implementation and operation of this program. For example, the rules detail the registration/licensing requirements and the fees that are specific to this program. In addition, Texas Occupations Code §1302.1011 specifically requires that rules be adopted for this program. The Department received three public comments in response to the Notice of Intent to Review.

One commenter stated that the Department’s website does not allow a user to search for violations committed by air conditioning and refrigeration contractors. However, this functionality is in fact available at https://www.tdlr.texas.gov/cimsfo/fosearch.asp. No rulemaking is anticipated as a result of this comment. Another commenter requested that the Department become more lenient in regard to the requirements for an air conditioning and refrigeration contractor’s license. The commenter’s recommendations, however, would require statutory changes. No rulemaking is anticipated as a result of this comment. Another commenter requested reducing the requirements for a contractor license to examination only. Because this commenter’s recommendations would also require statutory changes, no rulemaking is anticipated as a result of this comment.

At its meeting on January 11, 2019, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC Chapter 75, Air Conditioning and Refrigeration in their current form. As a result of the review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 75, Air Conditioning and Refrigeration.

Issued in Austin, Texas on January 25, 2019.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation