A/C and Refrigeration FAQs
1. What is required to renew my TDLR air conditioning and refrigeration contractor license besides submitting my renewal application and renewal fee?
Each air conditioning and refrigeration contractor is required to complete eight hours of continuing education to renew his/her license, including two hours of instruction in Texas state laws and rules that regulate the conduct of the licensee.
Continuing education hours must be completed within the period of the license. (Example: if the license is effective from June 1, 2004 to June 1, 2005, the hours must be completed during that period only. A course taken in April 2004 is not within the license period, and will not count for the required continuing education hours.)
2. Should I wait to submit my license renewal application until after I have completed my eight hours of continuing education?
No. You may file your renewal application at any time during your renewal period. We encourage you to file the application early so your license won’t expire and you won’t have to pay late renewal fees.
3. Where can I locate air conditioning and refrigeration contractor continuing education provider and course information?
You can find TDLR air conditioning and refrigeration contractor continuing education provider and course information on TDLR’s Air Conditioning and Refrigeration Contractor web site. This list is updated as new providers are registered and courses are approved.
4. What is the actual amount of instruction time required for one hour of continuing education?
One hour of continuing education is equivalent to 50 minutes of actual instruction time.
5. There are no continuing education classroom courses in my area. Are other course delivery methods available?
Yes, you can find internet continuing education courses on TDLR’s web site. This list is updated as new providers are registered and courses approved.
6. What must I do if I have already taken a continuing education course since I was licensed, but that provider is not on TDLR’s web site list of registered providers?
If the course you took was not from a registered TDLR provider (or was not an approved course), it will not count toward your required hours for license renewal. You must select from registered providers and approved courses; they can be found on TDLR’s Air Conditioning and Refrigeration Contractors web site.
7. Who notifies TDLR that I have completed a required continuing education course?
Providers are required to submit to TDLR your continuing education course completion information. If you have taken a course from one or more providers, each provider must transmit that information to TDLR and also issue you a certificate of course completion.
Provider course completion information is available on the web site for your review, and you can check the CE courses you have completed. If you have a question about the information posted on the web site, please check first with the provider. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail ce@license.state.tx.us.
8. How will I be notified that I have completed a required continuing education course?
Your provider will issue you a course completion certificate. If you have questions, please contact your provider first. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail ce@license.state.tx.us.
9. Can I get partial credit for completing part of a required continuing education course?
No. TDLR does not accept partial completion of a continuing education course. However, a provider may allow you to finish the course at another time; when the course is fully completed, the provider will transmit the completion record to TDLR.
10. Will I be monitored if I take a distance learning continuing education course (for example: on-line)?
Yes. TDLR requires the provider to monitor licensee attendance for all courses, including on-line courses. If a licensee does not meet the provider’s monitoring requirements, no continuing education hours will be given.
11. Will I be able to go to TDLR’s web site and look up my completed continuing education hours?
Yes. You can check your records of completed CE hours from TDLR’s web site.
12. What can I do if my completed continuing education hours are not posted on the TDLR web site?
If your course completion is not posted seven days after you completed the course, contact your provider first. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail ce@license.state.tx.us.
13. What should I do if I don’t receive a certificate for my completed continuing education course?
If you do not receive your course completion certificate within 15 days from the end of your course, please check first with your provider. If you continue to have questions, please contact TDLR: by phone, (512) 463-6599 or toll-free in Texas (800) 803-9202; or by e-mail ce@license.state.tx.us.
14. If I am a licensee and an instructor for an approved continuing education course, can I get my continuing education hours while teaching that course?
Instructors who are licensees may arrange with the provider to get continuing education hours for that portion of the course which the instructor taught. However, if the instructor does not teach the entire course, the instructor must attend the remainder of the course to obtain credit for the whole course. No partial course credit is allowed.
15. Will college course hours count towards continuing education for license renewal?
Courses which are not approved by TDLR as continuing education courses can not be used for license renewal. If the college course is a TDLR approved continuing education course, then the course hours can be used for license renewal. However, the courses must be taken during the period of the license being renewed. (See question and answer #1.)
16. How long must I keep a copy of my continuing education certificate of completion?
Licensees are required to keep a copy of the continuing education certificate for one year after the date of course completion.
TOWING FAQs
1. What is the Texas Towing Act and when will it become effective?
The Texas Towing Act contains new licensing requirements for tow truck operators, towing companies and for employees of vehicle storage facilities. Licenses for tow truck operators and vehicle storage facility employees will not be required until September 1, 2008, however. The Act also moves the current licensing of tow truck companies, tow trucks and vehicle storage facilities from the Texas Department of Transportation (TXDOT) to the Texas Department of Licensing and Regulation (TDLR). The Texas Towing Act became effective on September 1, 2007. However, all the functions and activities performed by TXDOT relating to tow trucks, towing operations, or vehicle storage facilities will be transferred to TDLR on January 1, 2008.
2. What does the Texas Towing Act do?
- Establishes The Towing and Storage Advisory Board
- Establishes three types of towing permits
- Incident Management Towing Permit
- Private Property Towing Permit
- Consent Towing Permit
- Requires a permit holder to maintain liability insurance for each tow truck
- Requires continuing education
- Requires drug testing of towing operators
- Requires the creation of standards of conduct
- Requires periodic and risk based inspections
- Permits are valid for one year and must be renewed annually
3. Will TXDOT’s rules for tow trucks change?
A rule or form adopted by TXDOT that relates to tow trucks, towing operations, or vehicle storage facilities becomes a rule or form of TDLR on January 1, 2008. The rules and forms will remain in effect until amended or replaced by TDLR. Before any rules are changed or adopted by TDLR, we will seek public input.
4. What are the additional requirements for tow truck operators or companies?
The Texas Towing Act creates some additional requirements for towing companies: 1. applicants for licensure must submit evidence that they are in compliance with certain specified drug testing requirements, 2. any criminal conviction of a license applicant must be reviewed, and 3. periodic and risk-based inspections must be made.
LICENSING AND REGISTRATION
5. Who must be licensed or have a permit?
Currently, tow truck companies, tow trucks and vehicle storage facilities must be licensed or have a permit. On September 1, 2008, tow truck operators and employees of vehicle storage facilities must also be licensed.
6. How much does it cost to register?
Fees for applications are as follows:
Tow Truck Company Application,initial or renewal: $350
Tow Truck Operator (Driver) Application, initial or renewal: $100
Tow Truck Permit Application, initial or renewal: $75 per truck
Vehicle Storage Facility License Application, initial or renewal: $250
Vehicle Storage Facility Employee License Application, initial or renewal: $75
To stay informed of any fee or rule changes, please subscribe to our email notification system at http://www.license.state.tx.us/newsletters/TDLRnotificationLists.asp.
7. What are the different types of permits for tow trucks?
Tow trucks will be required to have a permit in one of the following areas:
1. Incident Management, which is required for a tow truck used to perform a non-consent tow initiated by a peace officer. Incident Management tow trucks may also do Private Property Tows and Consent Tows.
2. Private Property, which is required for a tow truck used to perform a non-consent tow authorized by a parking facility owner. Private Property tow trucks may also do Consent Tows.
3. Consent Tows, which is required for a tow truck used to perform a consent tow authorized by the owner. Consent tow trucks may only do Consent Tows.
8. What are the different types of licenses for tow truck operators?
Tow truck operators will also have the same three license types: Incident Management, Private Property, or Consent Towers. Each operator license type will have the same responsibilities and restrictions as the corresponding tow truck permit type.
9. What are the requirements of each license?
For trucks:
Incident Management Towing Permit – The owner must provide evidence that the tow truck is equipped to tow light-duty or heavy – duty vehicles according to the manufacturer’s towing guidelines and evidence of $500,000 of liability insurance and $50,000 in cargo insurance for the tow truck.
Private Property Towing Permit – The owner must provide evidence that the tow truck is equipped to tow light – duty or heavy-duty vehicles according to the manufacturer’s towing guidelines and evidence of $300,000 of liability insurance and $50,000 of cargo insurance for the tow truck.
Consent Towing Permit – The owner must provide evidence that the tow truck is equipped to tow light-duty or heavy-duty vehicles according to manufacturer’s towing guidelines and evidence of $300,000 of liability insurance. No cargo insurance is required for the consent towing permit.
For operators:
Incident Management Towing Operator License – The operator must be a licensed Texas driver and hold a certification from National Drivers Certification Program of the Towing and Recovery Association of America or another approved certification program. *
Private Property Towing Operator License – The operator must be a licensed Texas driver and hold a certification from National Drivers Certification Program of the Towing and Recovery Association of America or another approved certification program.
Consent Towing Operator License – The operator must be a licensed Texas driver.
* Incident management towing operator for first renewal must complete a professional development course relating to towing that is licensed or certified by the National Safety Council or other course approved by TDLR.
10. What are the liability insurance and on-hook cargo insurance requirements for a tow truck?
|
Type of Permit
|
Liability Requirements
|
On-Hook Cargo Requirement
|
| Incident Management Towing |
$500,000 CSL |
$50,000 CSL |
| Private Property Towing |
$300,000 CSL |
$50,000 CSL |
| Consent Towing |
$300,000 CSL |
N/A |
11. Do I need to carry Workers' Compensation or accidental injury insurance coverage?
The Texas Towing Act does not require workers’ compensation or accidental injury insurance coverage. However, other state, municipal or federal laws or codes may require these or other types of insurance.
12. My registration certificate was revoked, how do I re-register?
If your certificate has been revoked and you seek re-registration before January 1, 2008, you will need to contact TXDOT at 1-800-299-1700.
If your certificate has been revoked and you seek re-registration after January 1, 2008, you must file an application with TDLR.
13. How do I make changes to my original application?
If the changes need to be made BEFORE January 1, 2008, you will need to contact TXDOT at 1-800-299-1700.
If the changes will be made AFTER January 1, 2008, TDLR will accept notification of changes. The requirements concerning the changing of an original application will be set out in the rules currently being developed.
14. I have to replace a vehicle, what am I required to do?
If the vehicle is a tow truck and you need to replace it BEFORE January 1, 2008, you will need to contact TX DOT at 1-800-299-1700.
If the vehicle is a tow truck and you need to replace it AFTER January 1, 2008, you will file an application with TDLR for a permit of the new truck.
15. Where do I send motor carrier registration applications and renewals?
TXDOT will continue to register motor carriers and process their renewals. TDLR will not register “motor carriers.”
16. Do you take walk-in registration applications and how long does it take to process an application?
Yes, we accept walk-in registration applications. Licensing time frame is 10 days from receipt to issuance. Incomplete applications, or applications that require an extensive review of criminal background information may take longer.
17. How do I check the status of my application?
You will be able to check the status of your application online.
18. Will a criminal conviction prevent me from getting a license?
Criminal convictions are reviewed on a case-by-case basis. Licenses may be denied based on the nature of the conviction and how long prior to the application the conviction occurred. Currently, very few license applications are denied due to an applicant’s criminal history.
19. Who is required to register with TDLR as a motor carrier?
No one will register with TDLR as a “motor carrier.” Instead, tow truck companies, tow truck drivers and the tow trucks themselves will be licensed by TDLR.
RENEWALS
20. When and how must licenses be renewed?
All licenses and permits must be renewed annually. Truck permits are renewed by completing the application, paying the fee and providing proof of insurance. Operator licenses are renewed by completing the application, paying the fee and completing the continuing education requirements. On the first renewal incident management operators must complete a professional development course relating to towing that is licensed or certified by the National Safety Council, or complete another course approved by TDLR.
21. Where do I renew my certificate of registration?
If you have a certificate for a tow truck or a vehicle storage facility that expires BEFORE January 1, 2008, you will renew with TXDOT.
If you have a certificate for a tow truck or a vehicle storage facility that expires AFTER January 1, 2008 you will renew with TDLR.
22. My license expires November 30, 2007. Who do I register with?
Until January 1, 2008, you will continue to apply for tow truck and vehicle storage facility licenses from TXDOT.
AFTER January 1, 2008, you will continue applying for licenses for towing companies, tow trucks and vehicle storage facilities at TDLR.
New rules will be written by April 2008, which will govern the application process for tow truck drivers and vehicle storage facility employees. Once the applications are available after April 2008, TDLR will begin to register tow truck drivers and vehicle storage facility employees. Drivers and storage facility employees must be registered with TDLR by September 1, 2008.
COMPLIANCE AND ENFORCEMENT
23. What will happen to open complaints and investigations currently at TXDOT?
A complaint, investigation or other proceeding before TXDOT that is related to towing companies, tow trucks, towing operations or vehicle storage facilities will be transferred without change in status to TDLR on January 1, 2008.
24. Will there be inspections and when will they occur?
The Department will conduct periodic and risk-based inspections of businesses regulated under this chapter to ensure compliance with the law.
Periodic inspections will occur at least once every two years. The Department may conduct additional risk-based inspections if a company is found not in compliance with the law. The Department may inspect a vehicle, a facility, business records, or any other place or thing reasonably required to determine compliance with the law. The company may be required to pay for risk-based inspections.
25. Will a criminal conviction prevent me from getting a license?
Criminal convictions are reviewed on a case-by-case basis. Licenses may be denied based on the nature of the conviction and how long prior to the application the conviction occurred. Currently, very few license applications are denied due to an applicant’s criminal history.
INFORMATION AND STAYING INFORMED
26. How will I be notified of rule changes?
The easiest way to stay informed of rule changes and proposals for rule changes is to subscribe to our email notification system at http://www.license.state.tx.us/newsletters/TDLRnotificationLists.asp. Rule changes and proposals for rule changes are also published in the Texas Register.
27. Where can I get a copy of the proposed rules?
Proposed rules will be available for viewing and downloading on our website at http://www.license.state.tx.us/towing/towing.htm.
28. How do I obtain information regarding requirements for commercial driver’s licenses, drug testing, driver’s logs, equipment safety, and signs for my vehicle?
Requirements for tow trucks, tow drivers, and towing companies are in the Texas Towing Act. New or modified requirements will be in the rules being developed by TDLR.
Requirements for commercial drivers and vehicles are under the jurisdiction of the Texas Department of Public Safety. Contact the Texas Department of Public Safety at (512) 424-2000 or www.txdps.state.tx.us.
29. What options do I have for the drug testing requirements?
You can choose one of three options:
- Select the TDLR Model Drug Testing Policy
- Choose a TDLR-approved drug testing consortium
- Mail, fax, or e-mail a copy of your drug testing policy to us for review and approval.
30. Where can I find the list of TDLR-approved drug testing consortiums?
The TDLR-approved drug testing consortiums are listed in the drop-down menu under “Drug Policy Update” in the TOOLS system.
31. How do I comply with the TDLR Model Policy?
By selecting the TDLR Model Policy on your application, you are confirming that your company drug testing policy will follow these general guidelines:
- You must have at least one scheduled drug test every year for each towing operator or employee, and random, unannounced drug testing annually.
- Employees must not engage in the manufacture, sale, distribution, use, or unauthorized possession of illegal drugs at any time.
- Employees must not take or be under the influence of any drugs, unless prescribed by the employee's licensed physician.
- If an employee is convicted of violating a criminal drug statute, they must inform their supervisor within five days of the conviction. If the employee fails to notify the employer, the employee can be fired.
- The company must notify TDLR of the conviction (including pleas of guilty and nolo contendere).
- Before taking a drug test, all employees must sign a drug testing procedures consent form. This form is available on our website at: http://www.license.state.tx.us/towing/drugtesting.pdf. This consent form should be kept on company premises at all times. Do not send this form to TDLR.
32. What types of tests are required?
There are three types of drug tests required:
- Pre-employment – must be taken before a final offer of employment.
- Annual – all employees must complete at least one scheduled drug test each year.
- Random - in addition to annual testing, employees are subject to random urine drug testing.
33. What types of drugs are included in the testing?
Marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates.
34. Is the company required to notify TDLR of a positive test result?
Yes, the company must notify us within 3 days of receipt of a confirmed positive test result. Fax a copy of confirmed results to (512)463-2951. The notification must include:
- employee’s name;
- employee’s license number;
- date of the positive test;
- substance detected by the drug test; and
- disciplinary action imposed.
Please include a cover sheet with your contact information.
35. Do I need to send TDLR our negative test results?
No, do not send in negative test results. Keep them for your records.
36. What happens if an employee or applicant tests positive for illegal drugs?
- Applicants will be denied employment if they test positive on the pre-employment test.
- Once a positive drug test result has been confirmed, employees must stand down from all duties and may be subject to disciplinary action, up to and including termination.
- In determining the appropriate disciplinary action, the company may consider the employee’s work history, length of employment, current work assignment, current job performance, and any past disciplinary actions.
- No disciplinary action may be taken against employees who voluntarily identify themselves as drug users, obtain counseling, rehabilitation, and comply with return to duty and follow-up drug testing.
37. What type of information do I need to give my employees about drugs and drug testing?
Employers must display and distribute the following information to their employees:
- company policy regarding the use of prohibited drugs and/or alcohol;
- consequences or disciplinary action that may be imposed for violating the drug policy;
- informational material on the physical and mental effects of drugs; and
- an existing community services hotline number, available drug counseling, rehabilitation, and assistance program.
38. Can we file our own drug policy with TDLR?
Yes, you may submit your own independent drug testing policy for our review and approval. An independent policy must be at least as stringent as the TDLR Model Policy.
For more specific information on Drug Testing Policy rules and regulations, please see Section 86.710 (tow company) and Section 85.725 (VSF) of the Administrative Rules at: www.license.state.tx.us/towing/towing.htm
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AFFORDABLE R&D EDUCATION PROVIDER (Certified TDLR Continuing Education Provider) Address 6455 Hiller A-5, El Paso, Texas 79925