Texas Attorney General Opinion: JC-303 Page: 1 of 4
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OFFICE OF THE ATTORNEY GENERAL STATE OF TEXAS
JOHN CORNYN
November 2, 2000
Mr. William H. Kuntz, Jr. Opinion No. JC-0303
Commissioner/Executive Director
Texas Department of Licensing and Regulation Re: Whether, under section 10 of the Air
P.O. Box 12157 Conditioning and Refrigeration Contractor
Austin, Texas 78711 License Law, TEX. REV. CIV. STAT. ANN. art.
8861 (Vernon Supp. 2000), a manufacturer,
retailer, rebuilder, or installer of
manufactured homes must be licensed or
registered in order to purchase refrigerants
(RQ-0252-JC)
Dear Commissioner Kuntz:
You ask whether, under section 10 of the Air Conditioning and Refrigeration Contractor
License Law, TEX. REV. CIV. STAT. ANN. art. 8861 (Vernon Supp. 2000) ("article 8861" or the
"Act"), a manufacturer, retailer, rebuilder, or installer of manufactured homes must be licensed or
registered in order to purchase refrigerants. We conclude that section 6(f) of article 8861 exempts
manufacturers, retailers, rebuilders, and installers of manufactured homes from all of article 8861,
including section 10.
Article 8861 vests the Texas Department of Licensing and Regulation (the "Department")
with the authority to adopt rules for the practice of air conditioning and refrigeration contracting, to
license air conditioning and refrigeration contractors, and to enforce both its rules and the Act. See
id. 3, 4. "Air conditioning and refrigeration contracting" is defined in article 8861 to mean "to
perform or offer to perform the design, installation, construction, maintenance, service, repair,
alteration, or modification of a product or of equipment in environmental air conditioning,
commercial refrigeration, or process cooling or heating systems." Id. 2(9). Under the Act, a
person may not perform air conditioning and refrigeration contracting without a license, unless the
person is excepted under section 6, which contains numerous exemptions. See id. 3B, 6.
Subsection (f) of section 6 exempts manufacturers, retailers, rebuilders, orinstallers of manufactured
homes. See id. 6(f).
Your question concerns the relationship between the exemption provided in subsection (f)
of section 6 for manufacturers, retailers, rebuilders, or installers of manufactured homes and section
10. Section 6(f) provides as follows:This article does not apply to a person or firm that is licensed
as a manufacturer, retailer, rebuilder, or installer and regulated
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-303, text, November 2, 2000; (https://texashistory.unt.edu/ark:/67531/metapth274612/m1/1/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.