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By: Driver, et al. H.B. No. 1487
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain electricians;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 8, Occupations Code, is amended by adding
Chapter 1305 to read as follows:
CHAPTER 1305. ELECTRICIANS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1305.001. SHORT TITLE. This chapter may be cited as
the Texas Electrical Safety and Licensing Act.
Sec. 1305.002. DEFINITIONS. In this chapter:
(1) "Advisory board" means the Electrical Safety and
Licensing Advisory Board.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
(4) "Electrical code" means the National Electrical
Code published by the National Fire Protection Association as
adopted by the commission.
(5) "Electrical contracting" means the business of
designing, installing, erecting, repairing, or altering electrical
wires or conductors to be used for light, heat, power, or signaling
purposes. The term includes the installation or repair of ducts,
raceways, or conduits for the reception or protection of wires or
conductors and the installation or repair of any electrical
machinery, apparatus, or system used for electrical light, heat,
power, or signaling.
(6) "Electrical contractor" means a person engaged in
electrical contracting.
(7) "Electrical engineer" means a person licensed
under Chapter 1001 who possesses the necessary qualifications,
training, and technical knowledge to perform electrical
engineering work in this state.
(8) "Electrical inspector" means a person certified by
the International Association of Electrical Inspectors or
International Code Council.
(9) "Electrical work" means any labor or material used
in installing, maintaining, or extending an electrical wiring
system and the appurtenances, apparatus, or equipment used in
connection with the use of electrical energy in, on, outside, or
attached to a building, residence, structure, property, or
premises. The term includes service entrance conductors as defined
by the National Electrical Code.
(10) "Executive director" means the executive
director of the department.
(11) "Residential wireman" means a person licensed
under this chapter who may only perform electrical installations in
single-family and multifamily dwellings not exceeding four
stories.
Sec. 1305.003. EXEMPTIONS; APPLICATION OF CHAPTER. (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 involving the
removal, maintenance, or repair of existing electrical equipment
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 for a private industrial business, including a
chemical plant, petrochemical plant, refinery, natural gas plant,
or natural gas treating plant; and
(15) the installation, maintenance, alteration, or
repair of equipment or facilities provided or utilized by a cable
operator.
(b) This chapter applies to all premises wiring that
originates where an electric utility's facilities end and a
nonutility customer's electric facilities begin.
(c) This chapter applies to an installation in a building
used by a utility for purposes other than a purpose listed in this
section, including an office building, warehouse, garage, machine
shop, or recreational building that is not an integral part of a
generating plant, substation, or control center.
[Sections 1305.004-1305.050 reserved for expansion]
SUBCHAPTER B. ADVISORY BOARD
Sec. 1305.051. ELECTRICAL SAFETY AND LICENSING ADVISORY
BOARD. (a) The advisory board consists of nine members appointed
by the presiding officer of the commission with the approval of the
commission as follows:
(1) three master electrician members;
(2) three journeyman electrician members; and
(3) three public members.
(b) The advisory board members must include:
(1) two members who are affiliated with a statewide
association of electrical contractors not affiliated with a labor
organization;
(2) three members who are affiliated with a labor
organization; and
(3) one member who is not affiliated with a statewide
association of electrical contractors or with a labor organization.
(c) A licensed electrical engineer or an electrical
inspector may be appointed as a public member of the advisory board.
(d) An appointment to the advisory board shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
Sec. 1305.052. TERMS; VACANCIES. (a) Advisory board
members serve terms of six years, with the terms of three members
expiring on February 1 of each odd-numbered year.
(b) A member may not consecutively serve more than two full
terms.
(c) If a vacancy occurs during a term, the presiding officer
of the commission shall appoint a replacement who meets the
qualifications of the vacated position to serve for the remainder
of the term.
Sec. 1305.053. PRESIDING OFFICER. The presiding officer of
the commission shall appoint one of the advisory board members to
serve as presiding officer of the advisory board for a term of one
year. The presiding officer of the advisory board may vote on any
matter before the advisory board.
Sec. 1305.054. COMPENSATION; REIMBURSEMENT OF EXPENSES.
Advisory board members may not receive compensation but are
entitled to reimbursement for actual and necessary expenses
incurred in performing the functions of the advisory board, subject
to the General Appropriations Act.
Sec. 1305.055. MEETINGS. The advisory board shall meet
twice annually and may meet at other times at the call of the
presiding officer of the commission.
[Sections 1305.056-1305.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 1305.101. GENERAL POWERS AND DUTIES. (a) The
executive director or commission, as appropriate, shall:
(1) by rule establish the financial responsibility
requirements for electrical contractors; and
(2) after publication of the National Electrical Code
by the National Fire Protection Association every three years,
adopt the revised National Electrical Code as the electrical code
for the state.
(b) The executive director or commissioner, as appropriate,
may:
(1) establish reciprocity agreements with other
states that have licensing requirements substantially equivalent
to the requirements of this chapter; and
(2) take other action as necessary to administer and
enforce this chapter.
Sec. 1305.102. RULES. (a) The executive director shall
adopt rules for the licensing of electricians and electrical
contractors as prescribed by this chapter.
(b) The executive director by rule shall prescribe
descriptions of the types of activities that may be performed by
each class of license holder under this chapter.
(c) The executive director by rule shall adopt standards of
conduct requirements for license holders under this chapter.
Sec. 1305.103. FEES. The commission shall establish and
collect reasonable and necessary fees in amounts sufficient to
cover the costs of administering this chapter.
Sec. 1305.104. POWERS AND DUTIES OF ADVISORY BOARD. The
advisory board shall provide advice and recommendations to the
department on technical matters relevant to the administration and
enforcement of this chapter, including examination content,
licensing standards, electrical code requirements, and continuing
education requirements.
Sec. 1305.105. PERSONNEL. The department may employ
personnel necessary to administer and enforce this chapter. The
department shall employ an electrical occupations and code
specialist to oversee the electrical licensing and safety program.
[Sections 1305.106-1305.150 reserved for expansion]
SUBCHAPTER D. LICENSE REQUIREMENTS
Sec. 1305.151. LICENSE REQUIRED. A person may not perform
electrical work unless the person holds an appropriate license
issued or recognized under this chapter.
Sec. 1305.152. APPLICATION REQUIREMENTS. (a) An applicant
for a license under this chapter must:
(1) submit to the department a completed application
on a form prescribed by the executive director;
(2) submit to the department any other information
required by executive director rule;
(3) demonstrate to the satisfaction of the executive
director the appropriate amount of electrical work experience as
required by this subchapter;
(4) demonstrate the applicant's honesty,
trustworthiness, and integrity; and
(5) pay the application and examination fees.
(b) The executive director shall adopt rules to establish a
process by which the department shall evaluate the experience
required of applicants for a license under this chapter.
(c) The department may conduct an examination of any
criminal conviction of an applicant, including obtaining any
criminal history record information permitted by law.
Sec. 1305.153. REQUIREMENTS FOR MASTER ELECTRICIAN. An
applicant for a license as a master electrician must:
(1) have at least 12,000 hours of on-the-job training
under the supervision of a master electrician; and
(2) pass a master electrician examination
administered under this chapter.
Sec. 1305.154. MASTER SIGN ELECTRICIAN. An applicant for a
license as a master sign electrician must:
(1) have at least 12,000 hours of on-the-job training
under the supervision of a master sign electrician; and
(2) pass a master sign electrician examination
administered under this chapter.
Sec. 1305.155. JOURNEYMAN ELECTRICIAN. An applicant for a
license as a journeyman electrician must:
(1) have at least 8,000 hours of on-the-job training
under the supervision of a master electrician; and
(2) pass a journeyman electrician examination
administered under this chapter.
Sec. 1305.156. JOURNEYMAN SIGN ELECTRICIAN. An applicant
for a license as a journeyman sign electrician must:
(1) have at least 8,000 hours of on-the-job training
under the supervision of a master sign electrician; and
(2) pass a journeyman sign electrician examination
administered under this chapter.
Sec. 1305.157. RESIDENTIAL WIREMAN. An applicant for a
license as a residential wireman must:
(1) have at least 4,000 hours of on-the-job training
under the supervision of a master electrician or residential
wireman; and
(2) pass a residential wireman examination
administered under this chapter.
Sec. 1305.158. MAINTENANCE ELECTRICIAN. An applicant for a
license as a maintenance electrician must:
(1) have at least 8,000 hours of on-the-job training
under the supervision of a master electrician or maintenance
electrician; and
(2) pass a maintenance electrician examination
administered under this chapter.
Sec. 1305.159. ELECTRICAL CONTRACTOR. (a) An applicant
for a license as an electrical contractor must:
(1) be licensed under this chapter as a master
electrician or employ a person licensed under this chapter as a
master electrician;
(2) establish proof of financial responsibility in the
manner prescribed by the executive director; and
(3) maintain workers' compensation coverage for the
contractor's employees through an insurance company authorized to
engage in the business of insurance in this state or through
self-insurance, or elect not to obtain workers' compensation
coverage, as provided by Subchapter A, Chapter 406, Labor Code.
(b) A person who holds a master electrician license issued
or recognized by this chapter may only be assigned to a single
electrical contractor, unless the master electrician owns more than
50 percent of the electrical contracting business.
Sec. 1305.160. ELECTRICAL SIGN CONTRACTOR. (a) An
applicant for a license as an electrical sign contractor must:
(1) be licensed under this chapter as a master sign
electrician or employ a person licensed under this chapter as a
master sign electrician;
(2) establish proof of financial responsibility in the
manner prescribed by the executive director; and
(3) maintain workers' compensation coverage for the
contractor's employees through an insurance company authorized to
engage in the business of insurance in this state or through
self-insurance, or elect not to obtain workers' compensation
coverage, as provided by Subchapter A, Chapter 406, Labor Code.
(b) A person who holds a master sign electrician license
issued or recognized by this chapter may only be assigned to a
single electrical contractor, unless the master sign electrician
owns more than 50 percent of the electrical sign contracting
business.
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 under the supervision of a licensed
master electrician.
Sec. 1305.162. EXAMINATIONS. (a) Examinations required by
this subchapter shall be conducted throughout the state.
(b) The department shall accept, develop, or contract for
the examinations required by this chapter, including the
administration of the examinations. Each examination must test the
knowledge of the applicant about materials and methods used in
electrical installations and the standards prescribed by the
National Electrical Code as adopted by the executive director.
(c) The executive director shall determine uniform
standards for acceptable performance on an examination.
Sec. 1305.163. EXAMINATION RESULTS. (a) Not later than the
30th day after the date on which an examination is administered
under this chapter, the department shall notify each examinee of
the results of the examination. If an examination is graded or
reviewed by a national testing service, the department shall notify
examinees of the result of the examination not later than the 14th
day after the date on which the department receives the results from
the testing service.
(b) If the notice of the examination results will be delayed
for more than 60 days after the examination date, the department
shall notify each examinee of the reason for the delay before the
60th day.
(c) If requested in writing by a person who fails an
examination administered under this chapter, the department shall
provide to the person an analysis of the person's performance on the
examination.
Sec. 1305.164. NONRESIDENT LICENSE APPLICANT. The
executive director may issue a license under this chapter to an
applicant who holds a license in another state and who submits a
proper application and pays the required fees if the executive
director determines that the applicant is licensed in a state with
which there is an agreement to recognize licenses issued under this
chapter.
Sec. 1305.165. LICENSE ISSUANCE; NONTRANSFERABILITY. (a)
Not later than the 30th day after the date on which the department
determines that an applicant has passed the examination required
under this chapter, the executive director shall issue a license to
the applicant if the applicant has complied with the application
requirements and paid the fees required by this chapter.
(b) A license issued by the executive director is valid
throughout this state and is not transferable.
Sec. 1305.166. DISPLAY OF LICENSE. (a) An electrical
contractor and electrical sign contractor shall display the
contractor's business name and the number of the license issued by
the executive director on each vehicle owned by the contractor.
(b) The information required to be displayed must be:
(1) printed in letters and numbers that are at least
two inches high and in a color that contrasts with the color of the
background surface; and
(2) permanently affixed in conspicuous places on both
sides of the vehicle.
Sec. 1305.167. LICENSE RENEWAL. (a) Except as provided by
Subsection (b), a license expires annually on December 31 and may be
renewed annually on payment of the required renewal fee.
(b) The executive director by rule may adopt a system under
which licenses expire on various dates during the year. For the
year in which the license expiration date is changed, renewal fees
payable on or before December 31 shall be prorated on a monthly
basis so that each license holder pays only that portion of the
renewal fee that is applicable to the number of months during which
the license is valid. On renewal of the license on the new
expiration date, the total renewal fee is due.
(c) Not later than the 30th day preceding the expiration
date of a person's license, the department shall notify the person
in writing, at the person's last known mailing address, of the
impending license expiration. A person may renew an unexpired
license by paying to the department, before the license expiration
date, the required renewal fee.
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the department the required
renewal fee and a late fee in an amount equal to half of the license
fee. A person whose license has been expired for more than 90 days
but less than two years may renew the license by paying to the
department all unpaid renewal fees and a late fee in an amount equal
to the license fee. A person whose license has been expired for
more than two years may not renew the license. The person may
obtain a new license by submitting to reexamination and complying
with the requirements and procedures for obtaining an original
license.
Sec. 1305.168. CONTINUING EDUCATION. (a) To renew a master
electrician, journeyman electrician, master sign electrician,
journeyman sign electrician, maintenance electrician, or
residential wireman license, the license holder must complete four
hours of continuing education annually.
(b) Continuing education courses that satisfy the
requirements of this section must address the National Electrical
Code, as adopted under Section 1305.101, and state laws and rules
that regulate the conduct of license holders under this chapter.
(c) The executive director by rule shall approve continuing
education courses, course content, and course providers. The
commission may adopt a fee for the administration of the
department's duties regarding continuing education.
[Sections 1305.169-1305.200 reserved for expansion]
SUBCHAPTER E. REGULATION OF ELECTRICIANS BY LOCAL GOVERNMENTS
Sec. 1305.201. MUNICIPAL OR REGIONAL REGULATION. (a) This
chapter does not prohibit a municipality or region from regulating
electricians by:
(1) enacting an ordinance requiring inspections;
(2) offering examinations;
(3) issuing municipal or regional licenses; or
(4) collecting permit fees for municipal or regional
licenses and examinations from electricians for work performed in
the municipality or region.
(b) A municipality or region may not require a person to
take a municipal or regional examination if that person holds the
appropriate license issued under this chapter and is working within
the scope of that license.
(c) A municipality may adopt procedures for the:
(1) adoption of local amendments to the National
Electrical Code; and
(2) administration and enforcement of that code.
(d) Electrical work performed within the corporate limits
of a municipality must be installed in accordance with all
applicable local ordinances.
(e) Electrical work performed in an unincorporated area of
the state must be installed in accordance with standards at least as
stringent as the requirements of the state electrical code as
adopted under Section 1305.101.
Sec. 1305.202. SCOPE OF MUNICIPAL OR REGIONAL LICENSE. A
license to perform electrical work issued by a municipality or
region is valid only in the municipality or region or in another
municipality or region under a reciprocal agreement.
[Sections 1305.203-1305.250 reserved for expansion]
SUBCHAPTER F. LICENSE DENIAL AND DISCIPLINARY ACTIONS
Sec. 1305.251. GROUNDS FOR DENIAL OR DISCIPLINARY ACTION.
A person is subject to denial of a license application or
disciplinary action under Section 51.353 if the person violates:
(1) this chapter or a rule adopted under this chapter;
or
(2) a rule or order of the executive director or
commission.
Sec. 1305.252. REQUESTED SUSPENSION BY LOCAL GOVERNMENT. A
municipality or region may request suspension for just cause of the
license under this chapter of a license holder working in its
jurisdiction.
Sec. 1305.253. HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If
the department proposes to deny a license or take disciplinary
action against a license holder, the license holder is entitled to a
hearing.
(b) The proceedings relating to a license denial and
disciplinary action by the department under this chapter are
governed by Chapter 2001, Government Code. A hearing under this
chapter may be conducted by a hearings officer designated by the
commission.
Sec. 1305.254. NEW APPLICATION BY HOLDER OF REVOKED
LICENSE. A license holder whose license has been revoked may apply
for a new license after the first anniversary of the date of the
revocation.
[Sections 1305.255-1305.300 reserved for expansion]
SUBCHAPTER G. ENFORCEMENT
Sec. 1305.301. ADMINISTRATIVE PENALTY. (a) The executive
director may impose an administrative penalty on a person under
Subchapter F, Chapter 51, regardless of whether the person holds a
license under this chapter, if the person violates:
(1) this chapter or a rule adopted under this chapter;
or
(2) a rule or order of the executive director or
commission.
(b) An administrative penalty may not be imposed unless the
person charged with a violation is provided the opportunity for a
hearing.
Sec. 1305.302. CEASE AND DESIST ORDER; INJUNCTION; CIVIL
PENALTY. (a) The executive director may issue a cease and desist
order as necessary to enforce this chapter if the executive
director determines that the action is necessary to prevent a
violation of this chapter and to protect public health and safety.
(b) The attorney general or executive director may
institute an action for an injunction or a civil penalty under this
chapter as provided by Section 51.352.
Sec. 1305.303. CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) violates the licensing requirements of this
chapter;
(2) performs electrical work without a license to
perform electrical work in this state; or
(3) employs an individual who does not hold the
appropriate license required by this chapter.
(b) An offense under this section is a Class C misdemeanor.
SECTION 2. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2003.
(b) Sections 1305.151 and 1305.303, Occupations Code, as
added by this Act, take effect September 1, 2004.
(c) In making the initial appointments to the Electrical
Safety and Licensing Advisory Board, the presiding officer of the
Texas Commission of Licensing and Regulation shall appoint:
(1) three members for terms expiring February 1, 2005;
(2) three members for terms expiring February 1, 2007;
and
(3) three members for terms expiring February 1, 2009.
(d) The executive director of the Texas Department of
Licensing and Regulation and the Texas Commission of Licensing and
Regulation, as appropriate, shall:
(1) adopt rules under Chapter 1305, Occupations Code,
as added by this Act, relating to an original application for a
license under that chapter not later than March 1, 2004; and
(2) adopt rules under Chapter 1305, Occupations Code,
as added by this Act, relating to renewal of a license and
continuing education requirements not later than January 1, 2005.
SECTION 3. (a) The Texas Department of Licensing and
Regulation shall issue a license to a qualified applicant under
this section who:
(1) applies for a license under this section not later
than June 1, 2004;
(2) submits to the board the information required by
rule;
(3) has the experience required by this section; and
(4) pays the application fee.
(b) An applicant for a license under this section as a
master electrician who works in an area in which a municipal or
regional licensing program exists is required to have:
(1) completed at least 12,000 hours of on-the-job
training under the supervision of a master electrician; and
(2) held a municipal or regional master electrician
license for at least one year.
(c) An applicant for a license under this section as a
master electrician working in an area in which a municipal or
regional licensing program does not exist is required to have
completed at least 20,000 hours of on-the-job training under the
supervision of a master electrician.
(d) An applicant for a license under this section as a
master sign electrician working in an area in which a municipal or
regional licensing program exists is required to have:
(1) completed at least 12,000 hours of on-the-job
training under the supervision of a master sign electrician; and
(2) held a municipal or regional master sign
electrician license for at least one year.
(e) An applicant for a license under this section as a
master sign electrician working in an area in which a municipal or
regional licensing program does not exist is required to have
completed at least 20,000 hours of on-the-job training under the
supervision of a master sign electrician.
(f) An applicant for a license under this section as a
journeyman electrician is required to have:
(1) completed at least 12,000 hours of on-the-job
training under the supervision of a master electrician;
(2) held a municipal or regional journeyman
electrician license for at least one year; or
(3) graduated from an electrical apprenticeship
program consisting of at least 576 hours of job-related education
and 8,000 hours of on-the-job training.
(g) An applicant for a license under this section as a
journeyman sign electrician is required to have:
(1) completed at least 12,000 hours of on-the-job
training under the supervision of a licensed master sign
electrician;
(2) held a municipal or regional journeyman sign
electrician license for at least one year; or
(3) graduated from an electrical sign apprenticeship
program consisting of at least 576 hours of job-related education
and 8,000 hours of on-the-job training.
(h) An applicant for a license under this section as a
residential wireman is required to have:
(1) completed at least 8,000 hours of on-the-job
training under the supervision of a licensed master electrician;
(2) held a municipal or regional residential wireman
license for at least one year; or
(3) graduated from a residential wireman
apprenticeship program consisting of at least 288 hours of
job-related education and 4,000 hours of on-the-job training.
(i) An applicant for a license under this section as a
maintenance electrician is required to have:
(1) completed at least 12,000 hours of on-the-job
training under the supervision of a master electrician;
(2) held a municipal or regional maintenance
electrician license for at least one year; or
(3) graduated from an electrical maintenance
apprenticeship program consisting of at least 576 hours of
job-related education and 8,000 hours of on-the-job training.
(j) This section expires September 1, 2005.