By Craddick H.B. No. 2519
77R7061 MXM-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) "Board" means the Texas State Electrician
1-9 Licensing Board.
1-10 (2) "Electrical contracting" means the business of
1-11 planning, laying out, installing, erecting, repairing, or altering
1-12 electrical wires or conductors to be used for the transmission of
1-13 electricity for light, heat, power, or signaling purposes. The
1-14 term includes the installation or repair of molding, ducts,
1-15 raceways, or conduits for the reception or protection of wires or
1-16 conductors, or the installation or repair of any electrical
1-17 machinery, apparatus, or system used for electrical light, heat,
1-18 power, or signaling.
1-19 (3) "Electrical contractor" means a person engaged in
1-20 electrical contracting.
1-21 (4) "Electrical construction" means any work or
1-22 material used in installing, maintaining, or extending an
1-23 electrical wiring system and the appurtenances, apparatus, or
1-24 equipment used in connection with the generation, transmission,
2-1 distribution, and use of electrical energy, within, on, outside, or
2-2 attached to a building, residence, structure, property, or
2-3 premises. The term includes service entrance conductors as defined
2-4 by the National Electrical Code.
2-5 (5) "Electrical work" means the installation,
2-6 erection, repair, or alteration of electrical wires, conductors, or
2-7 other electrical equipment to be used for the transmission of
2-8 electricity for light, heat, power, or signaling purposes. The
2-9 term includes the installation or repair of molding and conductors
2-10 or the installation or repair of electrical wires or equipment.
2-11 (6) "Inspector" means an individual who is qualified
2-12 and appointed to enforce this Act or a municipal ordinance adopted
2-13 under Section 15 of this Act.
2-14 (7) "Journeyman electrician" means an individual who:
2-15 (A) possesses the necessary qualifications,
2-16 training, and technical knowledge to install, maintain, and extend
2-17 electrical conductors and equipment in accordance with the laws and
2-18 rules governing that work;
2-19 (B) works under the general supervision of a
2-20 master electrician in the performance of electrical work contracted
2-21 for by an electrical contractor; and
2-22 (C) does not hold the individual out to the
2-23 public as qualified to contract for the performance of electrical
2-24 work.
2-25 (8) "Master electrician" means an individual who
2-26 possesses the necessary qualifications, training, and technical
2-27 knowledge to plan, lay out, install, and supervise the
3-1 installation, maintenance, and extension of electrical conductors
3-2 and equipment.
3-3 (9) "Person" means an individual, corporation,
3-4 partnership, association, or other legal entity.
3-5 (10) "Residential electrician" means an individual
3-6 who:
3-7 (A) possesses the necessary qualifications,
3-8 training, and technical knowledge to install, maintain, and extend
3-9 electrical conductors and equipment on residential premises, in
3-10 accordance with the laws and rules governing that work;
3-11 (B) works under the general supervision of a
3-12 master electrician;
3-13 (C) performs electrical work contracted for by
3-14 an electrical contractor on residential premises only; and
3-15 (D) does not hold the individual out to the
3-16 public as qualified to contract for the performance of electrical
3-17 work.
3-18 (11) "Training director" means an individual who is
3-19 charged with the responsibility of supervising the training of
3-20 apprentices in a recognized apprenticeship program.
3-21 (12) "Unindentured apprentice" means an individual who
3-22 works under the supervision of a master or journeyman electrician
3-23 to gain the knowledge and experience required to become a
3-24 journeyman electrician.
3-25 SECTION 3. BOARD. (a) The Texas State Electrician
3-26 Licensing Board consists of the executive director, who serves as
3-27 an ex officio member, and nine members appointed by the governor
4-1 subject to confirmation by the senate. Except as provided by
4-2 Subsection (g) of this section, each member is appointed for a term
4-3 of six years. Three appointed members' terms expire on February 1
4-4 of each odd-numbered year. The governor shall make appointments to
4-5 the board without regard to the race, color, disability, age, sex,
4-6 religion, or national origin of the appointee. The governor shall
4-7 appoint members as follows:
4-8 (1) one member must be the chief electrical inspector
4-9 of a municipality with a population of not less than 150,000,
4-10 according to the most recent federal census, selected from a list
4-11 of names submitted by a statewide association of municipal
4-12 governments;
4-13 (2) one member must be the chief electrical inspector
4-14 of a municipality with a population of less than 150,000, according
4-15 to the most recent federal census, selected from a list of names
4-16 submitted by a statewide association of municipal governments;
4-17 (3) one member must be a master electrician employed
4-18 by an electrical contractor that is not affiliated with a labor
4-19 union;
4-20 (4) one member must be a master electrician employed
4-21 by an electrical contractor affiliated with the Texas State
4-22 Association of Electrical Workers of the International Brotherhood
4-23 of Electrical Workers;
4-24 (5) one member must represent the public;
4-25 (6) one member must be a journeyman electrician
4-26 employed by an electrical contractor that is not affiliated with a
4-27 labor union;
5-1 (7) one member must be a journeyman electrician
5-2 employed by an electrical contractor affiliated with the Texas
5-3 State Association of Electrical Workers of the International
5-4 Brotherhood of Electrical Workers;
5-5 (8) one member must be an electrical engineer licensed
5-6 by this state; and
5-7 (9) one member must be employed by an electric utility
5-8 operating in this state.
5-9 (b) A person is not eligible for appointment as the public
5-10 member of the board if the person or the person's spouse:
5-11 (1) is registered, certified, or licensed by an
5-12 occupational regulatory agency in the field of electrical
5-13 construction;
5-14 (2) is employed by or participates in the management
5-15 of a business entity or other organization regulated by the board
5-16 or receiving funds from the board;
5-17 (3) owns or controls, directly or indirectly, more
5-18 than a 10 percent interest in a business entity or other
5-19 organization regulated by the board or receiving funds from the
5-20 board; or
5-21 (4) uses or receives a substantial amount of tangible
5-22 goods, services, or funds from the board, other than compensation
5-23 or reimbursement authorized by law for board membership,
5-24 attendance, or expenses.
5-25 (c) An officer, employee, or paid consultant of a Texas
5-26 trade association in the field of electrical construction may not
5-27 be an employee of the board who is exempt from the state's position
6-1 classification plan or is compensated at or above the amount
6-2 prescribed by the General Appropriations Act for step 1, salary
6-3 group A17, of the position classification salary schedule.
6-4 (d) A person who is the spouse of an officer, manager, or
6-5 paid consultant of a Texas trade association in the field of
6-6 electrical construction may not be a board employee who is exempt
6-7 from the state's position classification plan or is compensated at
6-8 or above the amount prescribed by the General Appropriations Act
6-9 for step 1, salary group A17, of the position classification salary
6-10 schedule.
6-11 (e) For the purposes of this section, a Texas trade
6-12 association is a nonprofit, cooperative, and voluntarily joined
6-13 association of business or professional competitors in this state
6-14 designed to assist its members and its industry or profession in
6-15 dealing with mutual business or professional problems and in
6-16 promoting their common interest.
6-17 (f) A person may not serve as a member of the board or act
6-18 as the general counsel to the board if the person is required to
6-19 register as a lobbyist under Chapter 305, Government Code, because
6-20 of the person's activities for compensation on behalf of a
6-21 profession related to the operation of the board.
6-22 (g) If a vacancy occurs during a term, the governor shall
6-23 appoint a replacement who meets the qualifications of the vacated
6-24 office to fill the unexpired portion of the term. A member may not
6-25 consecutively serve more than two full terms.
6-26 (h) The board shall elect one of its members to serve as
6-27 presiding officer for a term of one year. The presiding officer
7-1 may vote on all matters before the board.
7-2 (i) A majority constitutes a quorum for the transaction of
7-3 business.
7-4 (j) An appointed board member serves without compensation
7-5 but is entitled to reimbursement for all actual and necessary
7-6 expenses incurred in performing the functions of the board, subject
7-7 to any applicable limitation of reimbursement provided by the
7-8 General Appropriations Act.
7-9 (k) The board shall meet at least once every four months and
7-10 may meet at other times at the call of the presiding officer or as
7-11 provided by the rules of the board.
7-12 (l) The governor may remove an appointed board member for
7-13 inefficiency, abuse, or neglect of duty in office. In addition, it
7-14 is a ground for removal from the board if a member:
7-15 (1) does not have at the time of appointment the
7-16 qualifications required by Subsection (a) or (b) of this section
7-17 for appointment to the board;
7-18 (2) does not maintain during the service on the board
7-19 the qualifications required by Subsection (a) of this section for
7-20 appointment to the board; or
7-21 (3) violates a prohibition established by Subsections
7-22 (b)-(f) of this section.
7-23 (m) The validity of an action of the board is not affected
7-24 by the fact that it was taken when a ground for removal of a member
7-25 of the board existed.
7-26 (n) If the executive director has knowledge that a potential
7-27 ground for removal exists, the executive director shall notify the
8-1 presiding officer of the board of the ground. The presiding
8-2 officer shall then notify the governor that a potential ground for
8-3 removal exists.
8-4 (o) The board is subject to Chapter 551, Government Code,
8-5 and Chapter 2001, Government Code.
8-6 (p) The board is subject to Chapter 325, Government Code
8-7 (Texas Sunset Act). Unless continued in existence as provided by
8-8 that Act, the board is abolished and this Act expires September 1,
8-9 2013.
8-10 SECTION 4. POWERS AND DUTIES OF BOARD. The board shall:
8-11 (1) employ an executive director who may hire the
8-12 personnel necessary to administer the duties of the board;
8-13 (2) adopt rules consistent with this Act for the
8-14 licensing of electricians;
8-15 (3) establish and collect reasonable and necessary
8-16 fees designed to defray administrative costs for examinations,
8-17 licenses, license renewals, and renewal penalties;
8-18 (4) file with the governor and the presiding officer
8-19 of each house of the legislature a complete and detailed written
8-20 report in October of each year accounting for all funds received
8-21 and disbursed by the board during the preceding fiscal year;
8-22 (5) provide to its members and employees as often as
8-23 is necessary information regarding their qualifications under this
8-24 Act and their responsibilities under applicable laws relating to
8-25 standards of conduct for state officers or employees; and
8-26 (6) take other action as necessary to administer and
8-27 enforce this Act.
9-1 SECTION 5. CAREER LADDER PROGRAM. (a) The executive
9-2 director or the executive director's designee shall develop an
9-3 intra-agency career ladder program, one part of which shall be the
9-4 intra-agency posting of all nonentry level positions for at least
9-5 10 days before any public posting.
9-6 (b) The executive director or designee shall develop a
9-7 system of annual performance evaluations based on measurable job
9-8 tests. All merit pay for board employees must be based on the
9-9 system established under this subsection.
9-10 SECTION 6. COMPLAINTS; CONSUMER INFORMATION. (a) The board
9-11 shall prepare information of public interest describing the
9-12 functions of the board and the board's procedures by which
9-13 complaints are filed with and resolved by the board. The board
9-14 shall make the information available to the public and appropriate
9-15 state agencies.
9-16 (b) The board by rule shall establish methods by which
9-17 consumers and service recipients are notified of the name, mailing
9-18 address, and telephone number of the board for the purpose of
9-19 directing complaints to the board. The board may provide for that
9-20 notification:
9-21 (1) on each registration form, application, or written
9-22 contract for services of a person regulated under this Act;
9-23 (2) on a sign prominently displayed in the place of
9-24 business of each person regulated under this Act; or
9-25 (3) in a bill for service provided by a person
9-26 regulated under this Act.
9-27 (c) The board shall develop and implement policies that
10-1 provide the public with a reasonable opportunity to appear before
10-2 the board and to speak on any issue under the jurisdiction of the
10-3 board.
10-4 SECTION 7. LICENSE REQUIRED. (a) A person, other than an
10-5 electrical apprentice or unindentured electrical apprentice, may
10-6 not perform electrical work unless the person holds a license
10-7 issued under this Act.
10-8 (b) An apprentice described by Subsection (a) of this
10-9 section may perform electrical work only as prescribed by board
10-10 rules.
10-11 SECTION 8. EXEMPTIONS. (a) This Act does not apply to:
10-12 (1) installations of electrical equipment in ships,
10-13 watercraft other than floating buildings, railway rolling stock,
10-14 aircraft, or automotive vehicles other than mobile homes and
10-15 recreational vehicles;
10-16 (2) installations of electrical equipment underground
10-17 in mines and in self-propelled mobile surface mining machinery and
10-18 its attendant electrical trailing cable;
10-19 (3) installations of electrical equipment for
10-20 generation, transformation, transmission, or distribution of power
10-21 used exclusively for operation of railway rolling stock or
10-22 exclusively for signaling and communications purposes;
10-23 (4) installations of communications equipment under
10-24 the exclusive control of a communications utility and located
10-25 outdoors or in building spaces used exclusively for those
10-26 installations;
10-27 (5) installations of electrical equipment under the
11-1 exclusive control of an electric utility and used for communication
11-2 or metering or for the generation, control, transformation,
11-3 transmission, and distribution of electric energy, and located:
11-4 (A) in a building used exclusively by a utility
11-5 for those purposes;
11-6 (B) outdoors on property owned or leased by the
11-7 utility;
11-8 (C) on public highways, streets, roads, or other
11-9 public rights-of-way; or
11-10 (D) outdoors by established rights on private
11-11 property;
11-12 (6) work not specifically regulated by municipal
11-13 ordinances that is performed in or on a dwelling by a person who
11-14 owns and resides in the dwelling;
11-15 (7) work involved in the manufacture of electrical
11-16 equipment;
11-17 (8) electrical maintenance work involving the removal,
11-18 maintenance, or repair of existing electrical equipment if:
11-19 (A) the work does not involve extensions,
11-20 relocations, alterations, or additions of electrical wiring and
11-21 equipment;
11-22 (B) the work is performed by a person regularly
11-23 employed as a maintenance person for the building or premises;
11-24 (C) the work is performed in conjunction with
11-25 the business in which the person is employed; and
11-26 (D) the person does not engage in electrical
11-27 work for the general public;
12-1 (9) installation, maintenance, alteration, or repair
12-2 of electrical equipment or associated wiring under the exclusive
12-3 control of a gas utility and used for communication or metering or
12-4 for the control, transmission, or distribution of natural gas; and
12-5 (10) thoroughfare lighting controlled by a
12-6 governmental entity.
12-7 (b) This Act applies to all premises' wiring or to wiring
12-8 other than utility-owned metering equipment, on the load side of
12-9 the service point of buildings, structures, or other premises not
12-10 owned or leased by a utility. This Act applies to installations in
12-11 a building used by a utility for purposes other than a purpose
12-12 listed in this section, such as an office building, warehouse,
12-13 garage, machine shop, or recreational building that is not an
12-14 integral part of a generating plant, substation, or control center.
12-15 SECTION 9. LIABILITY FOR DAMAGES. This Act does not affect
12-16 the liability of a person who owns, operates, controls, or installs
12-17 electrical equipment for an injury to a person or to property
12-18 caused by defect in the equipment.
12-19 SECTION 10. APPLICATION REQUIREMENTS. (a) An applicant for
12-20 a license as a master electrician, journeyman electrician, or
12-21 residential electrician must:
12-22 (1) submit to the board a completed application on a
12-23 form prescribed by the board;
12-24 (2) submit to the board any other information required
12-25 by board rule;
12-26 (3) have electrical work experience as required by
12-27 this section; and
13-1 (4) pay the application and examination fees.
13-2 (b) An applicant for a license as a master electrician must:
13-3 (1) have a minimum of four years of electrical work
13-4 experience as a journeyman electrician or eight years of practical
13-5 experience; or
13-6 (2) be a professional engineer registered in the state
13-7 with an electrical experience designation recognized by the State
13-8 Board of Registration for Professional Engineers.
13-9 (c) An applicant for a license as a journeyman electrician
13-10 must have a minimum of four years of practical experience as an
13-11 electrical apprentice or unindentured electrical apprentice.
13-12 (d) The board shall adopt rules to define acceptable
13-13 practical experience.
13-14 SECTION 11. EXAMINATION. (a) The executive director shall
13-15 conduct an examination of applicants for licensing as master
13-16 electricians, journeyman electricians, or residential electricians
13-17 at least once each month at times and places designated by the
13-18 board.
13-19 (b) The board shall prescribe the content of the written
13-20 examination, which must test the knowledge of the applicant about
13-21 materials and methods used in electrical installations and
13-22 applicable standards, including the standards prescribed by the
13-23 National Electrical Code. The board may require a practical
13-24 demonstration of electrical installations as part of the
13-25 examination process.
13-26 (c) The board shall determine uniform standards for
13-27 acceptable performance on the examination.
14-1 (d) Not later than the 30th day after the date on which an
14-2 examination is administered under this Act, the board shall notify
14-3 each examinee of the results of the examination. However, if an
14-4 examination is graded or reviewed by a national testing service,
14-5 the board shall notify examinees of the result of the examination
14-6 not later than the 14th day after the date on which the board
14-7 receives the results from the testing service. If the notice of
14-8 the examination results will be delayed for longer than the 90th
14-9 day after the examination date, the board shall notify the
14-10 examinees of the reason for the delay before that day.
14-11 (e) If requested in writing by a person who fails the
14-12 licensing examination administered under this Act, the board shall
14-13 provide to the person an analysis of the person's performance on
14-14 the examination.
14-15 (f) An applicant who does not pass the examination may not
14-16 retake the examination until three months have elapsed from the
14-17 date of the failed examination.
14-18 SECTION 12. LICENSE ISSUANCE. (a) Not later than the 30th
14-19 day after the date on which the board determines that an applicant
14-20 has passed the examination required under this Act, the board shall
14-21 issue a master electrician, journeyman electrician, or residential
14-22 electrician license, as appropriate, to the applicant if the
14-23 applicant has complied with the application requirements of this
14-24 Act and paid the fees required under this Act.
14-25 (b) A license issued by the board is valid throughout this
14-26 state but is not assignable or transferable.
14-27 (c) A master electrician who meets the requirements of this
15-1 Act may practice electrical contracting anywhere in this state
15-2 without further examination after presenting evidence of a license
15-3 issued under this Act, compliance with the insurance requirements
15-4 established by board rule, and payment of any fees required by the
15-5 municipality in which the work is to be performed.
15-6 SECTION 13. LICENSE RENEWAL; CONTINUING EDUCATION. (a)
15-7 Except as provided by Subsection (b) of this section, a license
15-8 expires on December 31 of the year in which it is issued and may be
15-9 renewed annually on payment of the required fee and compliance with
15-10 the board's continuing education requirements.
15-11 (b) The board by rule may adopt a system under which
15-12 licenses expire on various dates during the year. For the year in
15-13 which the license expiration date is changed, license fees payable
15-14 on or before December 31 shall be prorated on a monthly basis so
15-15 that each license holder pays only that portion of the license fee
15-16 that is applicable to the number of months during which the license
15-17 is valid. On renewal of the license on the new expiration date,
15-18 the total license renewal fee is due.
15-19 (c) Before the 30th day preceding the expiration of a
15-20 person's license, the board shall notify the person in writing, at
15-21 the person's last known mailing address, of the impending license
15-22 expiration. A person may renew an unexpired license by paying to
15-23 the board, before the expiration date of the license, the required
15-24 renewal fee. If a person's license has been expired for not longer
15-25 than 90 days, the person may renew the license by paying to the
15-26 board the required renewal fee and a late fee in an amount equal to
15-27 half of the examination fee for the license. If a person's license
16-1 has been expired for longer than 90 days but less than two years,
16-2 the person may renew the license by paying to the board all unpaid
16-3 renewal fees and a late fee in an amount equal to the examination
16-4 fee for the license. If a person's license has been expired for
16-5 two years or longer, the person may not renew the license. The
16-6 person may obtain a new license by submitting to re-examination and
16-7 complying with requirements and procedures for obtaining an
16-8 original license.
16-9 SECTION 14. DENIAL, SUSPENSION, AND REVOCATION OF LICENSE.
16-10 (a) A municipality may request suspension for just cause of the
16-11 license of an electrician working in its jurisdiction.
16-12 (b) The board shall adopt rules establishing the grounds for
16-13 the denial, suspension, or revocation of a license, reprimands of a
16-14 license holder, or placement of a license holder on probation and
16-15 shall adopt rules establishing procedures for disciplinary actions.
16-16 (c) If the board proposes to suspend or revoke a license,
16-17 the license holder is entitled to a hearing before the board.
16-18 Proceedings of the board relating to the suspension or revocation
16-19 of a license issued under this Act are governed by Chapter 2001,
16-20 Government Code.
16-21 (d) A license holder whose license has been revoked may
16-22 apply for a new license after the first anniversary of the date of
16-23 the revocation.
16-24 SECTION 15. MUNICIPAL REGULATION. (a) This Act does not
16-25 prohibit a municipality from enacting ordinances requiring
16-26 inspections, offering examinations, issuing municipal licenses, or
16-27 collecting permit fees for municipal licenses and examinations from
17-1 electricians for work in that municipality. However, a
17-2 municipality may not require a person to take a municipal
17-3 examination if that person holds the appropriate license issued
17-4 under this Act and is working under the scope of that license.
17-5 (b) Electrical work must be installed in accordance with all
17-6 applicable local ordinances or in accordance with standards at
17-7 least as stringent as those contained in an electrical code adopted
17-8 by the board.
17-9 SECTION 16. CRIMINAL PENALTY. (a) A person commits an
17-10 offense if the person violates the licensing requirements of this
17-11 Act.
17-12 (b) An offense under this section is a Class C misdemeanor.
17-13 SECTION 17. INITIAL APPOINTMENTS. In making the initial
17-14 appointments to the board, the governor shall designate three
17-15 members for terms expiring in 2003, three members for terms
17-16 expiring in 2005, and three members for terms expiring in 2007.
17-17 SECTION 18. GRANDFATHER CLAUSE; RESTRICTED LICENSE. (a) A
17-18 municipality that has a municipal licensing procedure applicable to
17-19 a person required to be licensed under this Act that includes an
17-20 examination requirement may submit a copy of its examination to the
17-21 board for evaluation. If the board approves the examination, a
17-22 person who holds a municipal license on August 31, 2001, based on
17-23 that examination is entitled to a state license of the appropriate
17-24 type without further examination if otherwise qualified for the
17-25 state license. The board may approve an examination only if it is
17-26 substantially equivalent to the applicable examination prescribed
17-27 by the board.
18-1 (b) The board may issue a restricted-use license to an
18-2 individual who is not qualified for a license under Subsection (a)
18-3 of this section who presents evidence of practical experience
18-4 acceptable to the board. A restricted-use license is valid only in
18-5 the portions of this state that are not within a municipality. An
18-6 applicant for a restricted-use license must apply not later than
18-7 April 1, 2002. The board, by rule, shall prescribe the activities
18-8 that may be conducted by a holder of a restricted-use license.
18-9 SECTION 19. EFFECTIVE DATE. (a) Except as provided by
18-10 Subsection (b) of this section, this Act takes effect September 1,
18-11 2001.
18-12 (b) Sections 7 and 16 of this Act take effect January 1,
18-13 2002.