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.