78S41027 JMM-F

By:  Driver                                                       H.B. No. 72 



A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of certain electricians.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1305.002, Occupations Code, is amended 
by adding Subdivision (1-a) to read as follows:
		(1-a)  "Agricultural use" means a use or activity 
involving agriculture, as defined by Section 11.002, Water Code, 
other than the processing of an agricultural commodity.
	SECTION 2.  Section 1305.003(a), Occupations Code, is 
amended to read as follows:
	(a)  This chapter does not apply to:                                           
		(1)  the installation of electrical equipment in a 
ship, watercraft other than a floating building, railway rolling 
stock, aircraft, or a motor vehicle other than a mobile home [or 
recreational vehicle];
		(2)  the installation of electrical equipment 
underground in a mine and in self-propelled mobile surface mining 
machinery and its attendant electrical trailing cable;
		(3)  the installation of electrical equipment for 
generation, transformation, transmission, or distribution of power 
used exclusively to operate railway rolling stock or exclusively 
for signaling and communications purposes;
		(4)  the installation, maintenance, alteration, or 
repair of communications equipment provided by a 
telecommunications provider;
		(5)  the installation, maintenance, alteration, or 
repair of electrical equipment under the exclusive control of an 
electric utility, electric cooperative, or municipally owned 
utility and used for communications or metering, or for the 
generation, control, transformation, transmission, and 
distribution of electrical energy, and located:
			(A)  in a building used exclusively by a utility 
for those purposes;       
			(B)  outdoors on property owned or leased by the 
utility;                  
			(C)  on public highways, streets, roads, or other 
public rights-of-way;  or
			(D)  outdoors by established rights in vaults or 
on private property;      
		(6)  work not specifically regulated by a municipal 
ordinance that is performed in or on a dwelling by a person who owns 
and resides in the dwelling;
		(7)  work involved in the manufacture of electrical 
equipment;              
		(8)  electrical maintenance work if:                                          
			(A)  the work is performed by a person regularly 
employed as a maintenance person at the building or premises;
			(B)  the work is performed in conjunction with the 
business in which the person is employed;  and
			(C)  the person does not engage in electrical work 
for the public;         
		(9)  the installation, maintenance, alteration, or 
repair of electrical equipment or associated wiring under the 
exclusive control of a gas utility and used for communications or 
metering or for the control, transmission, or distribution of 
natural gas;
		(10)  thoroughfare lighting, traffic signals, 
intelligent transportation systems, and telecommunications 
controlled by a governmental entity;
		(11)  electrical connections supplying heating, 
ventilation, and cooling and refrigeration equipment, including 
any required disconnect exclusively for the equipment, if the 
service is performed by a licensed air conditioning and 
refrigeration contractor under Chapter 1302;
		(12)  the design, installation, erection, repair, or 
alteration of Class 1, Class 2, or Class 3 remote control, 
signaling, or power-limited circuits, fire alarm circuits, optical 
fiber cables, or communications circuits, including raceways, as 
defined by the National Electrical Code;
		(13)  landscape irrigation installers, as necessary to 
perform the installation and maintenance of irrigation control 
systems, and landscapers, as necessary to perform the installation 
and maintenance of low-voltage exterior lighting and holiday 
lighting excluding any required power source;
		(14)  a person who is employed by and performs 
electrical work solely for a private industrial business, including 
a business that operates a chemical plant, petrochemical plant, 
refinery, natural gas plant, natural gas treating plant, pipeline, 
or oil and gas exploration and production operation;
		(15)  the installation, maintenance, alteration, or 
repair of elevators, escalators, or related equipment, excluding 
any required power source, regulated under Chapter 754, Health and 
Safety Code;
		(16)  the installation, maintenance, alteration, or 
repair of equipment or network facilities provided or utilized by a 
cable operator, as that term is defined by 47 U.S.C. Section 522, as 
amended;  [and]
		(17)  the location, design, construction, extension, 
maintenance, and installation of on-site sewage disposal systems in 
accordance with Chapter 366, Health and Safety Code;
		(18)  electrical work performed on a building, 
structure, or equipment in agricultural use, excluding the 
cultivation of plants in containers or nonsoil media by a nursery 
grower;  and
		(19)  the installation, maintenance, alteration, or 
repair of well pumps and equipment, excluding any required power 
source, in accordance with Chapter 1902.
	SECTION 3.  Section 1305.161, Occupations Code, is amended 
to read as follows:
	Sec. 1305.161.  ELECTRICAL APPRENTICE.  An applicant for a 
license as an electrical apprentice must be [at least 16 years of 
age and be] engaged in the process of learning and assisting in the 
installation of electrical work or electrical sign work under the 
supervision of a licensed master electrician or a licensed master 
sign electrician, as appropriate.
	SECTION 4.  (a) Notwithstanding Section 3(a)(1), Chapter 
1062, Acts of the 78th Legislature, Regular Session, 2003, an 
applicant for a license under that section must apply not later 
than:
		(1)  September 1, 2004, if this Act receives a vote of 
two-thirds of all members elected to each house, as provided by 
Section 39, Article III, Texas Constitution;  or
		(2)  October 1, 2004, if this Act does not receive the 
vote necessary for immediate effect.
	(b)  For purposes of the issuance of a license under Section 
3, Chapter 1062, Acts of the 78th Legislature, Regular Session, 
2003, the executive director of the Texas Department of Licensing 
and Regulation shall accept alternative documentation of 
on-the-job experience approved by the department if the license 
applicant is unable to provide proof of on-the-job training 
certified by a master electrician or master sign electrician, as 
appropriate.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2004.