1. (a) Unless licensed under the provisions of the Act, with a license of the class and endorsement appropriate for the work described or advertised, it is unlawful for any person, partnership, firm, or corporation to perform or offer to perform air conditioning and refrigeration contracting or to use a license number that is not assigned to that person, partnership, firm, or corporation.
2. (b) All air conditioning and refrigeration contractor's licenses expire three years after the date issued, renewed, or reissued.
3. (c) A license number is not transferable.
4. (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.
5. (e) A holder of a Class B license may 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 combined cooling capacity 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.
6. (f) Any contractor who has a Class B license with one or two endorsements may upgrade either endorsement by passing the Class A examination for that endorsement.
7. (g) A contractor who wishes to have endorsements of different classes must have a separate license for each endorsement. The licenses will not have concurrent expiration dates unless both are issued on the same date.
8. (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.
9. (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.
10. (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.
11. (k) Unlicensed persons who operate as general contractors and subcontract work requiring a license under the Act may not bid or contract for a job that consists solely of work requiring a license under the Act unless the person or company has a bona fide employee whose license is assigned to the company. If a general contractor advertises that air conditioning, heating, or commercial refrigeration work is available as part of a job, the ad must state that air conditioning work will be performed by a licensed contractor.
12. (l) Altering a license in any way is prohibited and is grounds for a sanction and/or penalty.
13. (m) 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 mechanical integrity of that work.
14. (n) 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.
15. (o) An air conditioning and refrigeration contracting company shall request removal of the company name from the Department's records within ten business days for any employee whose license is affiliated with the company when the employment ends.

16. (p) A person or an air conditioning and refrigeration contracting company that performs air conditioning and refrigeration contracting shall:

    1. (1) provide proper installation, service, or mechanical integrity;
    2. (2) not knowingly and intentionally misrepresent necessary services, services to be provided, or services that have been provided;
    3. (3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or a company to contract for services.

Source Note:The provisions of this §75.22 adopted to be effective July 21, 1999, 24 TexReg 5469; amended to be effective March 7, 2001, 26 TexReg 1833.