By Oakley H.B. No. 2999
74R4669 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of certain electricians
1-3 and electrical contractors; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the
1-6 Electrical Safety and Electrician and Electrical Contractor
1-7 Licensing Act.
1-8 SECTION 2. DEFINITIONS. In this Act:
1-9 (1) "Apprentice" means an individual who works under
1-10 the supervision of a journeyman electrician to gain the knowledge
1-11 and experience required to become a journeyman electrician and:
1-12 (A) attends related instruction classes; or
1-13 (B) is a participant in an apprentice program
1-14 that is registered by the United States Department of Labor, Bureau
1-15 of Apprenticeship and Training.
1-16 (2) "Board" means the Texas State Electrician and
1-17 Electrical Contractor Licensing Board.
1-18 (3) "Electrical contracting" means the business of
1-19 planning, laying out, installing, erecting, repairing, or altering
1-20 electrical wires or conductors to be used for the transmission of
1-21 electricity for light, heat, power, or signaling purposes. The
1-22 term includes the installation or repair of molding, ducts,
1-23 raceways, or conduits for the reception or protection of wires or
1-24 conductors, or the installation or repair of any electrical
2-1 machinery, apparatus, or system used for electrical light, heat,
2-2 power, or signaling.
2-3 (4) "Electrical contractor" means a person engaged in
2-4 electrical contracting.
2-5 (5) "Electrical construction" means any work or
2-6 material used in installing, maintaining, or extending an
2-7 electrical wiring system and the appurtenances, apparatus, or
2-8 equipment used in connection with the generation, transmission,
2-9 distribution, and use of electrical energy, within, on, outside, or
2-10 attached to a building, residence, structure, property, or
2-11 premises. The term includes service entrance conductors as defined
2-12 by the National Electrical Code.
2-13 (6) "Electrical work" means the installation,
2-14 erection, repair, or alteration of electrical wires, conductors, or
2-15 other electrical equipment to be used for the transmission of
2-16 electricity for light, heat, power, or signaling purposes. The
2-17 term includes the installation or repair of molding, ducts,
2-18 raceways, or conduits for the reception or protection of wires or
2-19 conductors, or the installation or repair of electrical wires or
2-20 equipment.
2-21 (7) "Inspector" means an individual who is qualified
2-22 and appointed to enforce this Act or a municipal ordinance adopted
2-23 under Section 16 of this Act.
2-24 (8) "Journeyman electrician" means an individual who:
2-25 (A) possesses the necessary qualifications,
2-26 training, and technical knowledge to install, maintain, and extend
2-27 electrical conductors and equipment in accordance with the laws and
3-1 rules governing that work;
3-2 (B) works under the general supervision of a
3-3 master electrician in the performance of electrical work contracted
3-4 for by an electrical contractor; and
3-5 (C) does not hold himself or herself out to the
3-6 public as qualified to contract for the performance of electrical
3-7 work.
3-8 (9) "Master electrician" means an individual who
3-9 possesses the necessary qualifications, training, and technical
3-10 knowledge to plan, lay out, install, and supervise the
3-11 installation, maintenance, and extension of electrical conductors
3-12 and equipment.
3-13 (10) "Person" means an individual, corporation,
3-14 partnership, association, or other legal entity.
3-15 (11) "Residential electrician" means an individual
3-16 who:
3-17 (A) possesses the necessary qualifications,
3-18 training, and technical knowledge to install, maintain, and extend
3-19 electrical conductors and equipment on residential premises, in
3-20 accordance with the laws and rules governing that work;
3-21 (B) works under the general supervision of a
3-22 master electrician;
3-23 (C) performs electrical work contracted for by
3-24 an electrical contractor on residential premises only; and
3-25 (D) does not hold himself or herself out to the
3-26 public as qualified to contract for the performance of electrical
3-27 work.
4-1 (12) "Training director" means an individual who is
4-2 charged with the responsibility of supervising the training of
4-3 apprentices in a recognized apprenticeship program.
4-4 (13) "Unindentured apprentice" means an individual who
4-5 works under the supervision of a journeyman electrician to gain the
4-6 knowledge and experience required to become a journeyman
4-7 electrician.
4-8 SECTION 3. BOARD. (a) The Texas State Electrician and
4-9 Electrical Contractor Licensing Board consists of the executive
4-10 director, who serves as an ex officio member, and nine members
4-11 appointed by the governor subject to confirmation by the senate.
4-12 Except as provided by Subsection (g) of this section, each member
4-13 is appointed for a term of six years. Three appointed members'
4-14 terms expire on February 1st of each odd-numbered year. The
4-15 governor shall make the appointments without regard to the race,
4-16 color, disability, age, sex, religion, or national origin of the
4-17 appointee. The governor shall appoint members as follows:
4-18 (1) one member must be the chief electrical inspector
4-19 of a municipality with a population of not less than 150,000,
4-20 according to the most recent federal census, selected from a list
4-21 of names submitted by a statewide association of municipal
4-22 governments;
4-23 (2) one member must be the chief electrical inspector
4-24 of a municipality with a population of less than 150,000, according
4-25 to the most recent federal census, selected from a list of names
4-26 submitted by a statewide association of municipal governments;
4-27 (3) one member must be a master electrician selected
5-1 from a list of names submitted by the Independent Electrical
5-2 Contractors of America, Inc., of Texas;
5-3 (4) one member must be a master electrician selected
5-4 from a list of names submitted by the National Electrical
5-5 Contractors Association, Texas Affiliated Chapter;
5-6 (5) one member must represent the general public;
5-7 (6) one member must be a journeyman electrician
5-8 selected from a list of names submitted by the Independent
5-9 Electrical Contractors of America, Inc., of Texas;
5-10 (7) one member must be a journeyman electrician
5-11 selected from a list of names submitted by the Texas State
5-12 Association of Electrical Workers of the International Brotherhood
5-13 of Electrical Workers;
5-14 (8) one member must be a training director selected
5-15 from a list of names submitted by the Independent Electrical
5-16 Contractors of America, Inc., of Texas; and
5-17 (9) one member must be a training director selected
5-18 from a list of names submitted by the Texas State Association of
5-19 Electrical Workers of the International Brotherhood of Electrical
5-20 Workers.
5-21 (b) A person is not eligible for appointment as the public
5-22 member of the board if the person or the person's spouse:
5-23 (1) is registered, certified, or licensed by an
5-24 occupational regulatory agency in the field of electrical
5-25 construction;
5-26 (2) is employed by or participates in the management
5-27 of a business entity or other organization regulated by the board
6-1 or receiving funds from the board;
6-2 (3) owns or controls, directly or indirectly, more
6-3 than a 10 percent interest in a business entity or other
6-4 organization regulated by the board or receiving funds from the
6-5 board; or
6-6 (4) uses or receives a substantial amount of tangible
6-7 goods, services, or funds from the board, other than compensation
6-8 or reimbursement authorized by law for board membership,
6-9 attendance, or expenses.
6-10 (c) An officer, employee, or paid consultant of a Texas
6-11 trade association in the field of electrical construction may not
6-12 be an employee of the board who is exempt from the state's position
6-13 classification plan or is compensated at or above the amount
6-14 prescribed by the General Appropriations Act for step 1, salary
6-15 group 17, of the position classification salary schedule.
6-16 (d) A person who is the spouse of an officer, manager, or
6-17 paid consultant of a Texas trade association in the field of
6-18 electrical construction may not be a board employee who is exempt
6-19 from the state's position classification plan or is compensated at
6-20 or above the amount prescribed by the General Appropriations Act
6-21 for step 1, salary group 17, of the position classification salary
6-22 schedule.
6-23 (e) For the purposes of this section, a Texas trade
6-24 association is a nonprofit, cooperative, and voluntarily joined
6-25 association of business or professional competitors in this state
6-26 designed to assist its members and its industry or profession in
6-27 dealing with mutual business or professional problems and in
7-1 promoting their common interest.
7-2 (f) A person may not serve as a member of the board or act
7-3 as the general counsel to the board if the person is required to
7-4 register as a lobbyist under Chapter 305, Government Code, because
7-5 of the person's activities for compensation on behalf of a
7-6 profession related to the operation of the board.
7-7 (g) If a vacancy occurs during a term, the governor shall
7-8 appoint a replacement who meets the qualifications of the vacated
7-9 office to fill the unexpired portion of the term. A member may not
7-10 consecutively serve more than two full terms.
7-11 (h) The board shall elect one of its members to serve as
7-12 presiding officer for a term of one year. The presiding officer
7-13 may vote on all matters before the board.
7-14 (i) A majority constitutes a quorum for the transaction of
7-15 business.
7-16 (j) An appointed board member serves without compensation
7-17 but is entitled to reimbursement for all actual and necessary
7-18 expenses incurred in performing the functions of the board, subject
7-19 to any applicable limitation of reimbursement provided by the
7-20 General Appropriations Act.
7-21 (k) The board shall meet at least every four months and may
7-22 meet at other times at the call of the presiding officer or as
7-23 provided by the rules of the board.
7-24 (l) The governor may remove an appointed board member for
7-25 inefficiency, abuse, or neglect of duty in office. In addition, it
7-26 is a ground for removal from the board if a member:
7-27 (1) does not have at the time of appointment the
8-1 qualifications required by Subsection (a) or (b) of this section
8-2 for appointment to the board;
8-3 (2) does not maintain during the service on the board
8-4 the qualifications required by Subsection (a) of this section for
8-5 appointment to the board; or
8-6 (3) violates a prohibition established by Subsections
8-7 (b)-(f) of this section.
8-8 (m) The validity of an action of the board is not affected
8-9 by the fact that it was taken when a ground for removal of a member
8-10 of the board existed.
8-11 (n) If the executive director has knowledge that a potential
8-12 ground for removal exists, the executive director shall notify the
8-13 presiding officer of the board of the ground. The presiding
8-14 officer shall then notify the governor that a potential ground for
8-15 removal exists.
8-16 (o) The board is subject to Chapter 551, Government Code,
8-17 and Chapter 2001, Government Code.
8-18 (p) The board is subject to Chapter 325, Government Code
8-19 (Texas Sunset Act). Unless continued in existence as provided by
8-20 that Act, the board is abolished and this Act expires effective
8-21 September 1, 2007.
8-22 SECTION 4. POWERS AND DUTIES OF BOARD. The board shall:
8-23 (1) employ an executive director who may hire the
8-24 personnel necessary to administer the duties of the board;
8-25 (2) adopt rules consistent with this Act for the
8-26 licensing of electricians and electrical contractors;
8-27 (3) establish and collect reasonable and necessary
9-1 fees designed to defray administrative costs for examinations,
9-2 licenses, license renewals, and renewal penalties;
9-3 (4) file with the governor and the presiding officer
9-4 of each house of the legislature a complete and detailed written
9-5 report in October of each year accounting for all funds received
9-6 and disbursed by the board during the preceding fiscal year;
9-7 (5) provide to its members and employees as often as
9-8 is necessary information regarding their qualifications under this
9-9 Act and their responsibilities under applicable laws relating to
9-10 standards of conduct for state officers or employees; and
9-11 (6) take other action as necessary to administer and
9-12 enforce this Act.
9-13 SECTION 5. CAREER LADDER PROGRAM. (a) The executive
9-14 director or the executive director's designee shall develop an
9-15 intra-agency career ladder program, one part of which shall be the
9-16 intra-agency posting of all nonentry level positions for at least
9-17 10 days before any public posting.
9-18 (b) The executive director or designee shall develop a
9-19 system of annual performance evaluations based on measurable job
9-20 tests. All merit pay for board employees must be based on the
9-21 system established under this subsection.
9-22 SECTION 6. COMPLAINTS; CONSUMER INFORMATION. (a) The board
9-23 shall prepare information of public interest describing the
9-24 functions of the board and the board's procedures by which
9-25 complaints are filed with and resolved by the board. The board
9-26 shall make the information available to the public and appropriate
9-27 state agencies.
10-1 (b) The board by rule shall establish methods by which
10-2 consumers and service recipients are notified of the name, mailing
10-3 address, and telephone number of the board for the purpose of
10-4 directing complaints to the board. The board may provide for that
10-5 notification:
10-6 (1) on each registration form, application, or written
10-7 contract for services of a person regulated under this Act;
10-8 (2) on a sign prominently displayed in the place of
10-9 business of each person regulated under this Act; or
10-10 (3) in a bill for service provided by a person
10-11 regulated under this Act.
10-12 (c) The board shall develop and implement policies that
10-13 provide the public with a reasonable opportunity to appear before
10-14 the board and to speak on any issue under the jurisdiction of the
10-15 board.
10-16 SECTION 7. LICENSE REQUIRED. A person may not engage in
10-17 electrical contracting or perform electrical work unless the person
10-18 holds a license issued under this Act.
10-19 SECTION 8. EXEMPTIONS. (a) This Act does not apply to:
10-20 (1) installations of electrical equipment in ships,
10-21 watercraft other than floating buildings, railway rolling stock,
10-22 aircraft, or automotive vehicles other than mobile homes and
10-23 recreational vehicles;
10-24 (2) installations of electrical equipment underground
10-25 in mines and in self-propelled mobile surface mining machinery and
10-26 its attendant electrical trailing cable;
10-27 (3) installations of electrical equipment for
11-1 generation, transformation, transmission, or distribution of power
11-2 used exclusively for operation of railway rolling stock or
11-3 exclusively for signaling and communications purposes;
11-4 (4) installations of communications equipment under
11-5 the exclusive control of a communications utility and located
11-6 outdoors or in building spaces used exclusively for those
11-7 installations;
11-8 (5) installations of electrical equipment under the
11-9 exclusive control of an electric utility and used for communication
11-10 or metering or for the generation, control, transformation,
11-11 transmission, and distribution of electric energy, and located:
11-12 (A) in a building used exclusively by a utility
11-13 for those purposes;
11-14 (B) outdoors on property owned or leased by the
11-15 utility;
11-16 (C) on public highways, streets, roads, or other
11-17 public rights-of-way; or
11-18 (D) outdoors by established rights on private
11-19 property;
11-20 (6) work not specifically regulated by municipal
11-21 ordinances that is performed in or on a dwelling by a person who
11-22 owns and resides in the dwelling;
11-23 (7) work involved in the manufacture of electrical
11-24 equipment;
11-25 (8) electrical maintenance work involving the removal,
11-26 maintenance, or repair of existing electrical equipment if:
11-27 (A) the work does not involve extensions,
12-1 relocations, alterations, or additions of electrical wiring and
12-2 equipment;
12-3 (B) the work is performed by a person regularly
12-4 employed as a maintenance person for the building or premises;
12-5 (C) the work is performed in conjunction with
12-6 the business in which the person is employed; and
12-7 (D) the person does not engage in electrical
12-8 contracting for the general public;
12-9 (9) installation, maintenance, alteration, or repair
12-10 of electrical equipment or associated wiring under the exclusive
12-11 control of a gas utility and used for communication or metering or
12-12 for the control, transmission, or distribution of natural gas; and
12-13 (10) thoroughfare lighting controlled by a
12-14 governmental entity.
12-15 (b) This Act applies to all premises' wiring or to wiring
12-16 other than utility-owned metering equipment, on the load side of
12-17 the service point of buildings, structures, or other premises not
12-18 owned or leased by a utility. This Act applies to installations in
12-19 a building used by a utility for purposes other than a purpose
12-20 listed in this section, such as an office building, warehouse,
12-21 garage, machine shop, or recreational building that is not an
12-22 integral part of a generating plant, substation, or control center.
12-23 SECTION 9. LIABILITY FOR DAMAGES. This Act does not affect
12-24 the liability of a person who owns, operates, controls, or installs
12-25 electrical equipment for an injury to a person or to property
12-26 caused by defect in the equipment.
12-27 SECTION 10. APPLICATION REQUIREMENTS. (a) An applicant for
13-1 registration as an apprentice or an unindentured apprentice must:
13-2 (1) submit to the board a completed application on a
13-3 form prescribed by the board; and
13-4 (2) submit to the board any other information required
13-5 by board rule.
13-6 (b) An applicant for a license as a master electrician,
13-7 journeyman electrician, or residential electrician must:
13-8 (1) submit to the board a completed application on a
13-9 form prescribed by the board;
13-10 (2) submit to the board any other information required
13-11 by board rule;
13-12 (3) have electrical work experience as required by
13-13 this section; and
13-14 (4) pay the application and examination fees.
13-15 (c) An applicant for a license as a master electrician must
13-16 have a minimum of four years of electrical work experience as a
13-17 journeyman electrician or eight years of practical experience, or
13-18 be a professional engineer registered in the state with an
13-19 electrical experience designation recognized by the State Board of
13-20 Registration for Professional Engineers.
13-21 (d) An applicant for a license as a journeyman electrician
13-22 must have a minimum of four years of practical experience as an
13-23 apprentice, unindentured apprentice, or residential electrician.
13-24 (e) An applicant for a license as a residential electrician
13-25 must have a minimum of two years of experience as an apprentice or
13-26 unindentured apprentice.
13-27 (f) The board shall adopt rules to define acceptable
14-1 practical experience.
14-2 SECTION 11. EXAMINATION. (a) The executive director shall
14-3 conduct an examination of applicants for licensing as master
14-4 electricians, journeyman electricians, or residential electricians
14-5 at least four times a year at times and places designated by the
14-6 board.
14-7 (b) The board shall prescribe the content of the written
14-8 examination, which must test the knowledge of the applicant about
14-9 materials and methods used in electrical installations and
14-10 applicable standards, including the standards prescribed by the
14-11 National Electrical Code. The board may require a practical
14-12 demonstration of electrical installations as part of the
14-13 examination process.
14-14 (c) The board shall determine uniform standards for
14-15 acceptable performance on the examination.
14-16 (d) Not later than the 30th day after the date on which an
14-17 examination is administered under this Act, the board shall notify
14-18 each examinee of the results of the examination. However, if an
14-19 examination is graded or reviewed by a national testing service,
14-20 the board shall notify examinees of the result of the examination
14-21 not later than the 14th day after the date on which the board
14-22 receives the results from the testing service. If the notice of
14-23 the examination results will be delayed for longer than the 90th
14-24 day after the examination date, the board shall notify the
14-25 examinees of the reason for the delay before that day.
14-26 (e) If requested in writing by a person who fails the
14-27 licensing examination administered under this Act, the board shall
15-1 provide to the person an analysis of the person's performance on
15-2 the examination.
15-3 (f) An applicant who does not pass the examination may not
15-4 retake the examination until three months have elapsed from the
15-5 date of the failed examination.
15-6 SECTION 12. REGISTRATION; LICENSE ISSUANCE. (a) The board
15-7 shall issue a certificate of registration as an apprentice or
15-8 unindentured apprentice to a person who complies with the
15-9 application requirements of this Act.
15-10 (b) Not later than the 30th day after the date on which the
15-11 board determines that an applicant has passed the examination
15-12 required under this Act, the board shall issue a master
15-13 electrician, journeyman electrician, or residential electrician
15-14 license, as appropriate, to the applicant if the applicant has
15-15 complied with the application requirements of this Act and paid the
15-16 fees required under this Act.
15-17 (c) A license issued by the board is valid throughout this
15-18 state but is not assignable or transferable.
15-19 SECTION 13. LICENSE RENEWAL; CONTINUING EDUCATION. (a)
15-20 Except as provided by Subsection (b) of this section, a license
15-21 expires on December 31 of the year in which it is issued and may be
15-22 renewed annually on payment of the required fee and compliance with
15-23 the board's continuing education requirements.
15-24 (b) The board by rule may adopt a system under which
15-25 licenses expire on various dates during the year. For the year in
15-26 which the license expiration date is changed, license fees payable
15-27 on or before December 31 shall be prorated on a monthly basis so
16-1 that each license holder pays only that portion of the license fee
16-2 that is applicable to the number of months during which the license
16-3 is valid. On renewal of the license on the new expiration date,
16-4 the total license renewal fee is due.
16-5 (c) Before the 30th day preceding the expiration of a
16-6 person's license, the board shall notify the person in writing, at
16-7 the person's last known mailing address, of the impending license
16-8 expiration. A person may renew an unexpired license by paying to
16-9 the board, before the expiration date of the license, the required
16-10 renewal fee. If a person's license has been expired for not longer
16-11 than 90 days, the person may renew the license by paying to the
16-12 board the required renewal fee and a late fee in an amount equal to
16-13 half of the examination fee for the license. If a person's license
16-14 has been expired for longer than 90 days but less than two years,
16-15 the person may renew the license by paying to the board all unpaid
16-16 renewal fees and a late fee in an amount equal to the examination
16-17 fee for the license. If a person's license has been expired for
16-18 two years or longer, the person may not renew the license. The
16-19 person may obtain a new license by submitting to re-examination and
16-20 complying with requirements and procedures for obtaining an
16-21 original license.
16-22 (d) The board shall require and may prepare or recognize
16-23 continuing education programs for holders of master and journeyman
16-24 licenses. The board shall adopt rules relating to the operation
16-25 and requirements of the programs. Participation in the programs is
16-26 required to renew a master or journeyman license.
16-27 SECTION 14. ELECTRICAL CONTRACTOR'S LICENSE. (a) A person
17-1 may apply for and be issued an electrical contractor license if the
17-2 person:
17-3 (1) satisfies the board that the person either is a
17-4 licensed master electrician or employs a licensed master
17-5 electrician as a full-time employee;
17-6 (2) pays the license fee established by the board; and
17-7 (3) meets the insurance requirements of this section.
17-8 (b) At any time a master electrician may not be used to
17-9 satisfy the requirement of Subsection (a)(1) of this section for
17-10 more than one electrical contractor.
17-11 (c) Each electrical contractor shall maintain insurance
17-12 coverage and shall furnish and maintain in effect in the office of
17-13 the board a certificate of insurance evidencing the coverage that
17-14 indicates that the contractor has a comprehensive general liability
17-15 policy that includes manufacturers and contractors completed
17-16 operations and independent contractors liability coverages. The
17-17 certificate of insurance must provide for 30 days' notice to the
17-18 board before cancellation or material alteration of the required
17-19 insurance. The insurance must provide coverage of at least:
17-20 (1) $500,000 for bodily injury or death; and
17-21 (2) $500,000 for injury to or destruction of property.
17-22 (d) An electrical contractor who meets the requirements of
17-23 this Act may practice electrical contracting anywhere in this state
17-24 without further examination after presenting evidence of a license
17-25 issued under this section, compliance with the insurance
17-26 requirements, and payment of any fees required by a municipality in
17-27 which the work is to be performed.
18-1 (e) Each electrical contractor who holds a license issued
18-2 under this section shall display, on each vehicle used to transport
18-3 material, tools, or personnel in the operation of the business, the
18-4 firm name and the license number. The signs must be printed in
18-5 letters and numerals at least two inches high and in a contrasting
18-6 color to the background surface and must be permanently affixed in
18-7 conspicuous places on both sides of the vehicle.
18-8 SECTION 15. DENIAL, SUSPENSION, AND REVOCATION OF LICENSE.
18-9 (a) A municipality may request suspension for just cause of the
18-10 license of an electrician or electrical contractor working in its
18-11 jurisdiction.
18-12 (b) The board shall adopt rules establishing the grounds for
18-13 the denial, suspension, or revocation of a license, reprimands of a
18-14 license holder, or placement of a license holder on probation and
18-15 shall adopt rules establishing procedures for disciplinary actions.
18-16 (c) The board may deny, suspend, or revoke a license, place
18-17 on probation a license holder whose license has been suspended,
18-18 reprimand a license holder, or reinstate a license.
18-19 (d) If the board proposes to suspend or revoke a license,
18-20 the license holder is entitled to a hearing before the board.
18-21 Proceedings of the board relating to the suspension or revocation
18-22 of a license issued under this Act are governed by Chapter 2001,
18-23 Government Code.
18-24 (e) A license holder whose license has been revoked may
18-25 apply for a new license after the first anniversary of the date of
18-26 the revocation.
18-27 SECTION 16. MUNICIPAL REGULATION. (a) This Act does not
19-1 prohibit a municipality from enacting ordinances requiring
19-2 inspections, offering examinations, issuing municipal licenses, or
19-3 collecting permit fees for municipal licenses and examinations from
19-4 electricians or electrical contractors for work in that
19-5 municipality. However, a municipality may not require a person to
19-6 take a municipal examination if that person holds the appropriate
19-7 license issued under this Act and is working under the scope of
19-8 that license.
19-9 (b) Electrical work must be installed in accordance with all
19-10 applicable local ordinances, or in accordance with standards at
19-11 least as stringent as those contained in an electrical code adopted
19-12 by the board.
19-13 SECTION 17. CRIMINAL PENALTY. (a) A person commits an
19-14 offense if the person violates the licensing requirements of this
19-15 Act.
19-16 (b) An offense under this section is a Class C misdemeanor.
19-17 SECTION 18. INITIAL APPOINTMENTS. In making the initial
19-18 appointments to the board, the governor shall designate three
19-19 members for terms expiring in 1997, three members for terms
19-20 expiring in 1999, and three members for terms expiring in 2001.
19-21 SECTION 19. GRANDFATHER CLAUSE; RESTRICTED LICENSE. (a) A
19-22 municipality that has a municipal licensing procedure applicable to
19-23 a person required to be licensed under this Act that includes an
19-24 examination requirement may submit a copy of its examination to the
19-25 board for evaluation. If the board approves the examination, a
19-26 person who holds a municipal license on August 31, 1995, based on
19-27 that examination is entitled to a state license of the appropriate
20-1 type without further examination if otherwise qualified for the
20-2 state license. The board may approve an examination only if it is
20-3 substantially equivalent to the applicable examination prescribed
20-4 by the board.
20-5 (b) The board may issue a restricted-use license to an
20-6 individual who is not qualified for a license under Subsection (a)
20-7 of this section who presents evidence of practical experience
20-8 acceptable to the board. A restricted-use license is valid only in
20-9 the portions of this state that are not within a municipality. An
20-10 applicant for a restricted-use license must apply not later than
20-11 April 1, 1996. The board, by rule, shall prescribe the activities
20-12 that may be conducted by a holder of a restricted-use license.
20-13 SECTION 20. EFFECTIVE DATE. (a) Except as provided by
20-14 Subsection (b) of this section, this Act takes effect September 1,
20-15 1995.
20-16 (b) Sections 7 and 17 of this Act take effect January 1,
20-17 1996.
20-18 SECTION 21. EMERGENCY. The importance of this legislation
20-19 and the crowded condition of the calendars in both houses create an
20-20 emergency and an imperative public necessity that the
20-21 constitutional rule requiring bills to be read on three several
20-22 days in each house be suspended, and this rule is hereby suspended.