By Oakley                                        H.B. No. 967

      75R3654 BEM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the licensing and regulation of certain electricians;

 1-3     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  Licensing Act.

 1-7           SECTION 2.  DEFINITIONS.  In this Act:

 1-8                 (1)  "Apprentice" means an individual who works under

 1-9     the supervision of a master or journeyman electrician to gain the

1-10     knowledge and experience required to become a journeyman

1-11     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

1-17     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 and conductors

2-18     or the installation or repair of electrical wires or equipment.

2-19                 (7)  "Inspector" means an individual who is qualified

2-20     and appointed to enforce this Act or a municipal ordinance adopted

2-21     under Section 15 of this Act.

2-22                 (8)  "Journeyman electrician" means an individual who:

2-23                       (A)  possesses the necessary qualifications,

2-24     training, and technical knowledge to install, maintain, and extend

2-25     electrical conductors and equipment in accordance with the laws and

2-26     rules governing that work;

2-27                       (B)  works under the general supervision of a

 3-1     master electrician in the performance of electrical work contracted

 3-2     for by an electrical contractor; and

 3-3                       (C)  does not hold the individual out to the

 3-4     public as qualified to contract for the performance of electrical

 3-5     work.

 3-6                 (9)  "Master electrician" means an individual who

 3-7     possesses the necessary qualifications, training, and technical

 3-8     knowledge to plan, lay out, install, and supervise the

 3-9     installation, maintenance, and extension of electrical conductors

3-10     and equipment.

3-11                 (10)  "Person" means an individual, corporation,

3-12     partnership, association, or other legal entity.

3-13                 (11)  "Residential electrician" means an individual

3-14     who:

3-15                       (A)  possesses the necessary qualifications,

3-16     training, and technical knowledge to install, maintain, and extend

3-17     electrical conductors and equipment on residential premises, in

3-18     accordance with the laws and rules governing that work;

3-19                       (B)  works under the general supervision of a

3-20     master electrician;

3-21                       (C)  performs electrical work contracted for by

3-22     an electrical contractor on residential premises only; and

3-23                       (D)  does not hold the individual out to the

3-24     public as qualified to contract for the performance of electrical

3-25     work.

3-26                 (12)  "Training director" means an individual who is

3-27     charged with the responsibility of supervising the training of

 4-1     apprentices in a recognized apprenticeship program.

 4-2                 (13)  "Unindentured apprentice" means an individual who

 4-3     works under the supervision of a master or journeyman electrician

 4-4     to gain the knowledge and experience required to become a

 4-5     journeyman electrician.

 4-6           SECTION 3.  BOARD.  (a)  The Texas State Electrician

 4-7     Licensing Board consists of the executive director, who serves as

 4-8     an ex officio member, and nine members appointed by the governor

 4-9     subject to confirmation by the senate.  Except as provided by

4-10     Subsection (g) of this section, each member is appointed for a term

4-11     of six years.  Three appointed members' terms expire on February

4-12     1st of each odd-numbered year.  The governor shall make

4-13     appointments to the board without regard to the race, color,

4-14     disability, age, sex, religion, or national origin of the

4-15     appointee.  The governor shall appoint members as follows:

4-16                 (1)  one member must be the chief electrical inspector

4-17     of a municipality with a population of not less than 150,000,

4-18     according to the most recent federal census, selected from a list

4-19     of names submitted by a statewide association of municipal

4-20     governments;

4-21                 (2)  one member must be the chief electrical inspector

4-22     of a municipality with a population of less than 150,000, according

4-23     to the most recent federal census, selected from a list of names

4-24     submitted by a statewide association of municipal governments;

4-25                 (3)  one member must be a master electrician selected

4-26     from a list of names submitted by the Independent Electrical

4-27     Contractors of America, Inc., of Texas;

 5-1                 (4)  one member must be a master electrician selected

 5-2     from a list of names submitted by the National Electrical

 5-3     Contractors Association, Texas Affiliated Chapter;

 5-4                 (5)  one member must represent the general public;

 5-5                 (6)  one member must be a journeyman electrician

 5-6     selected from a list of names submitted by the Independent

 5-7     Electrical Contractors of America, Inc., of Texas;

 5-8                 (7)  one member must be a journeyman electrician

 5-9     selected from a list of names submitted by the Texas State

5-10     Association of Electrical Workers of the International Brotherhood

5-11     of Electrical Workers;

5-12                 (8)  one member must be a training director selected

5-13     from a list of names submitted by the Independent Electrical

5-14     Contractors of America, Inc., of Texas; and

5-15                 (9)  one member must be a training director selected

5-16     from a list of names submitted by the Texas State Association of

5-17     Electrical Workers of the International Brotherhood of Electrical

5-18     Workers.

5-19           (b)  A person is not eligible for appointment as the public

5-20     member of the board if the person or the person's spouse:

5-21                 (1)  is registered, certified, or licensed by an

5-22     occupational regulatory agency in the field of electrical

5-23     construction;

5-24                 (2)  is employed by or participates in the management

5-25     of a business entity or other organization regulated by the board

5-26     or receiving funds from the board;

5-27                 (3)  owns or controls, directly or indirectly, more

 6-1     than a 10 percent interest in a business entity or other

 6-2     organization regulated by the board or receiving funds from the

 6-3     board; or

 6-4                 (4)  uses or receives a substantial amount of tangible

 6-5     goods, services, or funds from the board, other than compensation

 6-6     or reimbursement authorized by law for board membership,

 6-7     attendance, or expenses.

 6-8           (c)  An officer, employee, or paid consultant of a Texas

 6-9     trade association in the field of electrical construction may not

6-10     be an employee of the board who is exempt from the state's position

6-11     classification plan or is compensated at or above the amount

6-12     prescribed by the General Appropriations Act for step 1, salary

6-13     group 17, of the position classification salary schedule.

6-14           (d)  A person who is the spouse of an officer, manager, or

6-15     paid consultant of a Texas trade association in the field of

6-16     electrical construction may not be a board employee who is exempt

6-17     from the state's position classification plan or is compensated at

6-18     or above the amount prescribed by the General Appropriations Act

6-19     for step 1, salary group 17, of the position classification salary

6-20     schedule.

6-21           (e)  For the purposes of this section, a Texas trade

6-22     association is a nonprofit, cooperative, and voluntarily joined

6-23     association of business or professional competitors in this state

6-24     designed to assist its members and its industry or profession in

6-25     dealing with mutual business or professional problems and in

6-26     promoting their common interest.

6-27           (f)  A person may not serve as a member of the board or act

 7-1     as the general counsel to the board if the person is required to

 7-2     register as a lobbyist under Chapter 305, Government Code, because

 7-3     of the person's activities for compensation on behalf of a

 7-4     profession related to the operation of the board.

 7-5           (g)  If a vacancy occurs during a term, the governor shall

 7-6     appoint a replacement who meets the qualifications of the vacated

 7-7     office to fill the unexpired portion of the term.  A member may not

 7-8     consecutively serve more than two full terms.

 7-9           (h)  The board shall elect one of its members to serve as

7-10     presiding officer for a term of one year.  The presiding officer

7-11     may vote on all matters before the board.

7-12           (i)  A majority constitutes a quorum for the transaction of

7-13     business.

7-14           (j)  An appointed board member serves without compensation

7-15     but is entitled to reimbursement for all actual and necessary

7-16     expenses incurred in performing the functions of the board, subject

7-17     to any applicable limitation of reimbursement provided by the

7-18     General Appropriations Act.

7-19           (k)  The board shall meet at least once every four months and

7-20     may meet at other times at the call of the presiding officer or as

7-21     provided by the rules of the board.

7-22           (l)  The governor may remove an appointed board member for

7-23     inefficiency, abuse, or neglect of duty in office.  In addition, it

7-24     is a ground for removal from the board if a member:

7-25                 (1)  does not have at the time of appointment the

7-26     qualifications required by Subsection (a) or (b) of this section

7-27     for appointment to the board;

 8-1                 (2)  does not maintain during the service on the board

 8-2     the qualifications required by Subsection (a) of this section for

 8-3     appointment to the board; or

 8-4                 (3)  violates a prohibition established by Subsections

 8-5     (b)-(f) of this section.

 8-6           (m)  The validity of an action of the board is not affected

 8-7     by the fact that it was taken when a ground for removal of a member

 8-8     of the board existed.

 8-9           (n)  If the executive director has knowledge that a potential

8-10     ground for removal exists, the executive director shall notify the

8-11     presiding officer of the board of the ground.  The presiding

8-12     officer shall then notify the governor that a potential ground for

8-13     removal exists.

8-14           (o)  The board is subject to Chapter 551, Government Code,

8-15     and Chapter 2001, Government Code.

8-16           (p)  The board is subject to Chapter 325, Government Code

8-17     (Texas Sunset Act).  Unless continued in existence as provided by

8-18     that Act, the board is abolished and this Act expires effective

8-19     September 1, 2007.

8-20           SECTION 4.  POWERS AND DUTIES OF BOARD.  The board shall:

8-21                 (1)  employ an executive director who may hire the

8-22     personnel necessary to administer the duties of the board;

8-23                 (2)  adopt rules consistent with this Act for the

8-24     licensing of electricians;

8-25                 (3)  establish and collect reasonable and necessary

8-26     fees designed to defray administrative costs for examinations,

8-27     licenses, license renewals, and renewal penalties;

 9-1                 (4)  file with the governor and the presiding officer

 9-2     of each house of the legislature a complete and detailed written

 9-3     report in October of each year accounting for all funds received

 9-4     and disbursed by the board during the preceding fiscal year;

 9-5                 (5)  provide to its members and employees as often as

 9-6     is necessary information regarding their qualifications under this

 9-7     Act and their responsibilities under applicable laws relating to

 9-8     standards of conduct for state officers or employees; and

 9-9                 (6)  take other action as necessary to administer and

9-10     enforce this Act.

9-11           SECTION 5.  CAREER LADDER PROGRAM.  (a)  The executive

9-12     director or the executive director's designee shall develop an

9-13     intra-agency career ladder program, one part of which shall be the

9-14     intra-agency posting of all nonentry level positions for at least

9-15     10 days before any public posting.

9-16           (b)  The executive director or designee shall develop a

9-17     system of annual performance evaluations based on measurable job

9-18     tests.  All merit pay for board employees must be based on the

9-19     system established under this subsection.

9-20           SECTION 6.  COMPLAINTS; CONSUMER INFORMATION.  (a)  The board

9-21     shall prepare information of public interest describing the

9-22     functions of the board and the board's procedures by which

9-23     complaints are filed with and resolved by the board.  The board

9-24     shall make the information available to the public and appropriate

9-25     state agencies.

9-26           (b)  The board by rule shall establish methods by which

9-27     consumers and service recipients are notified of the name, mailing

 10-1    address, and telephone number of the board for the purpose of

 10-2    directing complaints to the board.  The board may provide for that

 10-3    notification:

 10-4                (1)  on each registration form, application, or written

 10-5    contract for services of a person regulated under this Act;

 10-6                (2)  on a sign prominently displayed in the place of

 10-7    business of each person regulated under this Act; or

 10-8                (3)  in a bill for service provided by a person

 10-9    regulated under this Act.

10-10          (c)  The board shall develop and implement policies that

10-11    provide the public with a reasonable opportunity to appear before

10-12    the board and to speak on any issue under the jurisdiction of the

10-13    board.

10-14          SECTION 7.  LICENSE REQUIRED.  A person may not  perform

10-15    electrical work unless the person holds a license issued under this

10-16    Act.

10-17          SECTION 8.  EXEMPTIONS.  (a)  This Act does not apply to:

10-18                (1)  installations of electrical equipment in ships,

10-19    watercraft other than floating buildings, railway rolling stock,

10-20    aircraft, or automotive vehicles other than mobile homes and

10-21    recreational vehicles;

10-22                (2)  installations of electrical equipment underground

10-23    in mines and in self-propelled mobile surface mining machinery and

10-24    its attendant electrical trailing cable;

10-25                (3)  installations of electrical equipment for

10-26    generation, transformation, transmission, or distribution of power

10-27    used exclusively for operation of railway rolling stock or

 11-1    exclusively for signaling and communications purposes;

 11-2                (4)  installations of communications equipment under

 11-3    the exclusive control of a communications utility and located

 11-4    outdoors or in building spaces used exclusively for those

 11-5    installations;

 11-6                (5)  installations of electrical equipment under the

 11-7    exclusive control of an electric utility and used for communication

 11-8    or metering or for the generation, control, transformation,

 11-9    transmission, and distribution of electric energy, and located:

11-10                      (A)  in a building used exclusively by a utility

11-11    for those purposes;

11-12                      (B)  outdoors on property owned or leased by the

11-13    utility;

11-14                      (C)  on public highways, streets, roads, or other

11-15    public rights-of-way; or

11-16                      (D)  outdoors by established rights on private

11-17    property;

11-18                (6)  work not specifically regulated by municipal

11-19    ordinances that is performed in or on a dwelling by a person who

11-20    owns and resides in the dwelling;

11-21                (7)  work involved in the manufacture of electrical

11-22    equipment;

11-23                (8)  electrical maintenance work involving the removal,

11-24    maintenance, or repair of existing electrical equipment if:

11-25                      (A)  the work does not involve extensions,

11-26    relocations, alterations, or additions of electrical wiring and

11-27    equipment;

 12-1                      (B)  the work is performed by a person regularly

 12-2    employed as a maintenance person for the building or premises;

 12-3                      (C)  the work is performed in conjunction with

 12-4    the business in which the person is employed; and

 12-5                      (D)  the person does not engage in electrical

 12-6    work for the general public;

 12-7                (9)  installation, maintenance, alteration, or repair

 12-8    of electrical equipment or associated wiring under the exclusive

 12-9    control of a gas utility and used for communication or metering or

12-10    for the control, transmission, or distribution of natural gas; and

12-11                (10)  thoroughfare lighting controlled by a

12-12    governmental entity.

12-13          (b)  This Act applies to all premises' wiring or to wiring

12-14    other than utility-owned metering equipment, on the load side of

12-15    the service point of buildings, structures, or other premises not

12-16    owned or leased by a utility.  This Act applies to installations in

12-17    a building used by a utility for purposes other than a purpose

12-18    listed in this section, such as an office building, warehouse,

12-19    garage, machine shop, or recreational building that is not an

12-20    integral part of a generating plant, substation, or control center.

12-21          SECTION 9.  LIABILITY FOR DAMAGES.  This Act does not affect

12-22    the liability of a person who owns, operates, controls, or installs

12-23    electrical equipment for an injury to a person or to property

12-24    caused by defect in the equipment.

12-25          SECTION 10.  APPLICATION REQUIREMENTS.  (a)  An applicant for

12-26    registration as an apprentice or an unindentured apprentice must:

12-27                (1)  submit to the board a completed application on a

 13-1    form prescribed by the board; and

 13-2                (2)  submit to the board any other information required

 13-3    by board rule.

 13-4          (b)  An applicant for a license as a master electrician,

 13-5    journeyman electrician, or residential electrician must:

 13-6                (1)  submit to the board a completed application on a

 13-7    form prescribed by the board;

 13-8                (2)  submit to the board any other information required

 13-9    by board rule;

13-10                (3)  have electrical work experience as required by

13-11    this section; and

13-12                (4)  pay the application and examination fees.

13-13          (c)  An applicant for a license as a master electrician must:

13-14                (1)  have a minimum of four years of electrical work

13-15    experience as a journeyman electrician or eight years of practical

13-16    experience; or

13-17                (2)  be a professional engineer registered in the state

13-18    with an electrical experience designation recognized by the State

13-19    Board of Registration for Professional Engineers.

13-20          (d)  An applicant for a license as a journeyman electrician

13-21    must have a minimum of four years of practical experience as an

13-22    apprentice, unindentured apprentice, or residential electrician.

13-23          (e)  An applicant for a license as a residential electrician

13-24    must have a minimum of two years of experience as an apprentice or

13-25    unindentured apprentice.

13-26          (f)  The board shall adopt rules to define acceptable

13-27    practical experience.

 14-1          SECTION 11.  EXAMINATION.  (a)  The executive director shall

 14-2    conduct an examination of applicants for licensing as master

 14-3    electricians, journeyman electricians, or residential electricians

 14-4    at least once each month at times and places designated by the

 14-5    board.

 14-6          (b)  The board shall prescribe the content of the written

 14-7    examination, which must test the knowledge of the applicant about

 14-8    materials and methods used in electrical installations and

 14-9    applicable standards, including the standards prescribed by the

14-10    National Electrical Code.  The board may require a practical

14-11    demonstration of electrical installations as part of the

14-12    examination process.

14-13          (c)  The board shall determine uniform standards for

14-14    acceptable performance on the examination.

14-15          (d)  Not later than the 30th day after the date on which an

14-16    examination is administered under this Act, the board shall notify

14-17    each examinee of the results of the examination.  However, if an

14-18    examination is graded or reviewed by a national testing service,

14-19    the board shall notify examinees of the result of the examination

14-20    not later than the 14th day after the date on which the board

14-21    receives the results from the testing service.  If the notice of

14-22    the examination results will be delayed for longer than the 90th

14-23    day after the examination date, the board shall notify the

14-24    examinees of the reason for the delay before that day.

14-25          (e)  If requested in writing by a person who fails the

14-26    licensing examination administered under this Act, the board shall

14-27    provide to the person an analysis of the person's performance on

 15-1    the examination.

 15-2          (f)  An applicant who does not pass the examination may not

 15-3    retake the examination until three months have elapsed from the

 15-4    date of the failed examination.

 15-5          SECTION 12.  REGISTRATION; LICENSE ISSUANCE.  (a)  The board

 15-6    shall issue a certificate of registration as an apprentice or

 15-7    unindentured apprentice to a person who complies with the

 15-8    application requirements of this Act.

 15-9          (b)  Not later than the 30th day after the date on which the

15-10    board determines that an applicant has passed the examination

15-11    required under this Act, the board shall issue a master

15-12    electrician, journeyman electrician, or residential electrician

15-13    license, as appropriate, to the applicant if the applicant has

15-14    complied with the application requirements of this Act and paid the

15-15    fees required under this Act.

15-16          (c)  A license issued by the board is valid throughout this

15-17    state but is not assignable or transferable.

15-18          (d)  A master electrician who meets the requirements of this

15-19    Act may practice electrical contracting anywhere in this state

15-20    without further examination after presenting evidence of a license

15-21    issued under this Act, compliance with the insurance requirements

15-22    established by board rule, and payment of any fees required by the

15-23    municipality in which the work is to be performed.

15-24          SECTION 13.  LICENSE RENEWAL; CONTINUING EDUCATION.  (a)

15-25    Except as provided by Subsection (b) of this section, a license

15-26    expires on December 31 of the year in which it is issued and may be

15-27    renewed annually on payment of the required fee and compliance with

 16-1    the board's continuing education requirements.

 16-2          (b)  The board by rule may adopt a system under which

 16-3    licenses expire on various dates during the year.  For the year in

 16-4    which the license expiration date is changed, license fees payable

 16-5    on or before December 31 shall be prorated on a monthly basis so

 16-6    that each license holder pays only that portion of the license fee

 16-7    that is applicable to the number of months during which the license

 16-8    is valid.  On renewal of the license on the new expiration date,

 16-9    the total license renewal fee is due.

16-10          (c)  Before the 30th day preceding the expiration of a

16-11    person's license, the board shall notify the person in writing, at

16-12    the person's last known mailing address, of the impending license

16-13    expiration.  A person may renew an unexpired license by paying to

16-14    the board, before the expiration date of the license, the required

16-15    renewal fee.  If a person's license has been expired for not longer

16-16    than 90 days, the person may renew the license by paying to the

16-17    board the required renewal fee and a late fee in an amount equal to

16-18    half of the examination fee for the license.  If a person's license

16-19    has been expired for longer than 90 days but less than two years,

16-20    the person may renew the license by paying to the board all unpaid

16-21    renewal fees and a late fee in an amount equal to the examination

16-22    fee for the license.  If a person's license has been expired for

16-23    two years or longer, the person may not renew the license.  The

16-24    person may obtain a new license by submitting to re-examination and

16-25    complying with requirements and procedures for obtaining an

16-26    original license.

16-27          (d)  The board shall require and may prepare or recognize

 17-1    continuing education programs for holders of master and journeyman

 17-2    licenses.  The board shall adopt rules relating to the operation

 17-3    and requirements of the programs.  Participation in the programs is

 17-4    required to renew a master or journeyman license.

 17-5          SECTION 14.  DENIAL, SUSPENSION, AND REVOCATION OF LICENSE.

 17-6    (a)  A municipality may request suspension for just cause of the

 17-7    license of an electrician working in its jurisdiction.

 17-8          (b)  The board shall adopt rules establishing the grounds for

 17-9    the denial, suspension, or revocation of a license, reprimands of a

17-10    license holder, or placement of a license holder on probation and

17-11    shall adopt rules establishing procedures for disciplinary actions.

17-12          (c)  The board may deny, suspend, or revoke a license, place

17-13    on probation a license holder whose license has been suspended,

17-14    reprimand a license holder, or reinstate a license.

17-15          (d)  If the board proposes to suspend or revoke a license,

17-16    the license holder is entitled to a hearing before the board.

17-17    Proceedings of the board relating to the suspension or revocation

17-18    of a license issued under this Act are governed by Chapter 2001,

17-19    Government Code.

17-20          (e)  A license holder whose license has been revoked may

17-21    apply for a new license after the first anniversary of the date of

17-22    the revocation.

17-23          SECTION 15.  MUNICIPAL REGULATION.  (a)  This Act does not

17-24    prohibit a municipality from enacting ordinances requiring

17-25    inspections, offering examinations, issuing municipal licenses, or

17-26    collecting permit fees for municipal licenses and examinations from

17-27    electricians for work in that municipality.  However, a

 18-1    municipality may not require a person to take a municipal

 18-2    examination if that person holds the appropriate license issued

 18-3    under this Act and is working under the scope of that license.

 18-4          (b)  Electrical work must be installed in accordance with all

 18-5    applicable local ordinances or in accordance with standards at

 18-6    least as stringent as those contained in an electrical code adopted

 18-7    by the board.

 18-8          SECTION 16.  CRIMINAL PENALTY.  (a)  A person commits an

 18-9    offense if the person violates the licensing requirements of this

18-10    Act.

18-11          (b)  An offense under this section is a Class C misdemeanor.

18-12          SECTION 17.  INITIAL APPOINTMENTS.  In making the initial

18-13    appointments to the board, the governor shall designate three

18-14    members for terms expiring in 1999, three members for terms

18-15    expiring in 2001, and three members for terms expiring in 2003.

18-16          SECTION 18.  GRANDFATHER CLAUSE; RESTRICTED LICENSE.  (a)  A

18-17    municipality that has a municipal licensing procedure applicable to

18-18    a person required to be licensed under this Act that includes an

18-19    examination requirement may submit a copy of its examination to the

18-20    board for evaluation.  If the board approves the examination, a

18-21    person who holds a municipal license on August 31, 1997, based on

18-22    that examination is entitled to a state license of the appropriate

18-23    type without further examination if otherwise qualified for the

18-24    state license.  The board may approve an examination only if it is

18-25    substantially equivalent to the applicable examination prescribed

18-26    by the board.

18-27          (b)  The board may issue a restricted-use license to an

 19-1    individual who is not qualified for a license under Subsection (a)

 19-2    of this section who presents evidence of practical experience

 19-3    acceptable to the board.  A restricted-use license is valid only in

 19-4    the portions of this state that are not within a municipality.  An

 19-5    applicant for a restricted-use license must apply not later than

 19-6    April 1, 1998.  The board, by rule, shall prescribe the activities

 19-7    that may be conducted by a holder of a restricted-use license.

 19-8          SECTION 19.  EFFECTIVE DATE.  (a)  Except as provided by

 19-9    Subsection (b) of this section, this Act takes effect September 1,

19-10    1997.

19-11          (b)  Sections 7 and 16 of this Act take effect January 1,

19-12    1998.

19-13          SECTION 20.  EMERGENCY.  The importance of this legislation

19-14    and the crowded condition of the calendars in both houses create an

19-15    emergency and an imperative public necessity that the

19-16    constitutional rule requiring bills to be read on three several

19-17    days in each house be suspended, and this rule is hereby suspended.