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78R4615 JMM-F

By:  Driver                                                       H.B. No. 1487


A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain electricians; providing a penalty. 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) "Board" means the Texas Electrical Licensing Board. (2) "Electrical code" means the National Electrical Code published by the National Fire Protection Association as adopted by the board. (3) "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. (4) "Electrical contractor" means a person engaged in electrical contracting. (5) "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. (6) "Electrical inspector" means a person certified by the International Association of Electrical Inspectors. (7) "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. (8) "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. (9) "Training director" means a person who is responsible for supervising training programs for apprentice electricians. 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 of communications equipment under the exclusive control of a communications utility and located outdoors or in a building used exclusively for those installations, provided that the voltage does not exceed 50 volts; (5) the installation of electrical equipment under the exclusive control of an electric utility and used for communications or metering, or for the generation, control, transformation, transmission, and distribution of electric 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 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 does not involve the extension, relocation, alteration, or addition of electrical wiring and equipment; (B) the work is performed by a person regularly employed as a maintenance person at the building or premises; (C) the work is performed in conjunction with the business in which the person is employed; and (D) 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; and (10) thoroughfare lighting controlled by a governmental entity. (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. Sec. 1305.004. APPLICATION OF SUNSET ACT. The Texas Electrical Licensing Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2015.
[Sections 1305.005-1305.050 reserved for expansion]
SUBCHAPTER B. TEXAS ELECTRICAL LICENSING BOARD
Sec. 1305.051. TEXAS ELECTRICAL LICENSING BOARD. (a) The Texas Electrical Licensing Board consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) one member who is a master electrician and is a member of a statewide association of electrical contractors not affiliated with a labor organization; (2) one member who is a master electrician and is a member of a statewide association of electrical contractors affiliated with a labor organization; (3) one member who is a journeyman electrician employed by a member of a statewide association of electrical contractors not affiliated with a labor organization; (4) one member who is a journeyman electrician who is a member of a statewide labor organization; (5) one member who is a training director affiliated with a statewide organization that is not affiliated with a labor organization; (6) one member who is a training director affiliated with a statewide labor organization; (7) one member who is a licensed electrical engineer selected from a list of names submitted by a statewide association of professional engineers; (8) one member who is an electrical inspector selected from a list of names submitted by a statewide association of municipal governments; and (9) one member who represents the public. (b) In appointing members of the board under Subsections (a)(1)-(7), the governor may consider the names of individuals submitted by trade associations and labor organizations having members who are engaged in the relevant trade or profession. (c) An appointment to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. Sec. 1305.052. PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as the public member of the board if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the field of electrical construction; (2) is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or (4) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. Sec. 1305.053. MEMBERSHIP AND EMPLOYEE RESTRICTION. A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board. Sec. 1305.054. REMOVAL OF MEMBERS. (a) The governor may remove an appointed board member for inefficiency, abuse, or neglect of duty in office. In addition, it is a ground for removal from the board that a member: (1) does not have at the time of appointment the qualifications required by Section 1305.051 for appointment to the board; (2) does not maintain during service on the board the qualifications required by Section 1305.051 for appointment to the board; (3) is ineligible for membership under Section 1305.052; or (4) violates a prohibition established by Section 1305.053. (b) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the ground. The presiding officer shall then notify the governor that a potential ground for removal exists. (c) The validity of an action of the board is not affected by the fact that it was taken when a ground for removal of a member of the board existed. Sec. 1305.055. TERMS; VACANCIES. (a) 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 governor shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term. Sec. 1305.056. PRESIDING OFFICER. The board shall elect one of its members to serve as presiding officer for a term of one year. The presiding officer may vote on any matter before the board. Sec. 1305.057. COMPENSATION; REIMBURSEMENT OF EXPENSES. Board members may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the board, subject to the General Appropriations Act. Sec. 1305.058. MEETINGS. The board shall meet at least once every four months and may meet at other times at the call of the presiding officer or as provided by the rules of the board.
[Sections 1305.059–1305.100 reserved for expansion]
SUBCHAPTER C. BOARD PERSONNEL
Sec. 1305.101. EXECUTIVE DIRECTOR; PERSONNEL. The board shall employ an executive director who may hire the personnel necessary to administer the duties of the board. Sec. 1305.102. EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (b) An officer, employee, or paid consultant of a Texas trade association or union in the field of electrical contracting may not be an employee of the board who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule. (c) A person who is the spouse of an officer, employee, or paid consultant of a Texas trade association or union in the field of electrical contracting may not be a board employee who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule. Sec. 1305.103. QUALIFICATIONS AND STANDARDS OF CONDUCT. The board shall provide to its members and employees as often as is necessary information regarding their qualifications under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
[Sections 1305.104–1305.150 reserved for expansion]
SUBCHAPTER D. BOARD POWERS AND DUTIES
Sec. 1305.151. GENERAL POWERS AND DUTIES OF BOARD. The board shall: (1) by rule establish the financial responsibility requirements for electrical contractors; (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, as amended by the board; (3) establish reciprocity agreements with other states that have licensing requirements substantially equivalent to the requirements of this chapter; and (4) take other action as necessary to administer and enforce this chapter. Sec. 1305.152. RULES. (a) The board shall adopt rules for the licensing of electricians and electrical contractors as prescribed by this chapter. (b) The board may not adopt a rule without explicit authorization under this chapter. Sec. 1305.153. FEES. The board shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of administering this chapter.
[Sections 1305.154–1305.200 reserved for expansion]
SUBCHAPTER E. PUBLIC INTEREST INFORMATION
AND COMPLAINT PROCEDURES
Sec. 1305.201. PUBLIC INTEREST INFORMATION. (a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board. (b) The board shall make the information available to the public and appropriate state agencies. Sec. 1305.202. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board. Sec. 1305.203. COMPLAINTS. The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification: (1) on each registration form, application, or written contract for services of a person regulated under this chapter; (2) on a sign prominently displayed in the place of business of each person regulated under this chapter; or (3) in a bill for service provided by a person regulated under this chapter.
[Sections 1305.204–1305.250 reserved for expansion]
SUBCHAPTER F. LICENSE REQUIREMENTS
Sec. 1305.251. LICENSE REQUIRED. A person may not perform electrical work unless the person holds an appropriate license issued or recognized under this chapter. Sec. 1305.252. APPLICATION REQUIREMENTS. An applicant for a license under this chapter must: (1) submit to the board a completed application on a form prescribed by the board; (2) submit to the board any other information required by board rule; (3) demonstrate to the satisfaction of the board the appropriate amount of electrical work experience as required by this subchapter; and (4) pay the application and examination fees. Sec. 1305.253. 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 or journeyman electrician; and (2) pass a master electrician examination administered under this chapter. Sec. 1305.254. 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 or journeyman sign electrician; and (2) pass a master sign electrician examination administered under this chapter. Sec. 1305.255. 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 or journeyman electrician; and (2) pass a journeyman electrician examination administered under this chapter. Sec. 1305.256. 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 or journeyman sign electrician; and (2) pass a journeyman sign electrician examination administered under this chapter. Sec. 1305.257. 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 or journeyman electrician or residential wireman; and (2) pass a residential wireman examination administered under this chapter. Sec. 1305.258. 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 or journeyman electrician or maintenance electrician; and (2) pass a maintenance electrician examination administered under this chapter. Sec. 1305.259. 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 board; and (3) maintain workers' compensation coverage for the contractor's employees as prescribed by the 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. 1305.260. 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 board; and (3) maintain workers' compensation coverage for the contractor's employees as prescribed by the 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. 1305.261. 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 or journeyman electrician. Sec. 1305.262. EXAMINATIONS. (a) Examinations required by this subchapter shall be conducted at least once each month throughout the state in regional locations designated by the board. (b) The board shall prescribe the content of each written examination, which 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 board. (c) The board shall determine uniform standards for acceptable performance on an examination. (d) An applicant who does not pass the examination may not retake the examination before the 90th day after the date of the failed examination. (e) The board may contract with a national testing service to administer examinations. Sec. 1305.263. EXAMINATION RESULTS. (a) Not later than the 30th day after the date on which an examination is administered under this chapter, the board shall notify each examinee of the results of the examination. If an examination is graded or reviewed by a national testing service, the board shall notify examinees of the result of the examination not later than the 14th day after the date on which the board 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 board 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 board shall provide to the person an analysis of the person's performance on the examination. Sec. 1305.264. NONRESIDENT LICENSE APPLICANT. The board 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 board determines that the applicant is licensed in a state with which there is an agreement to recognize licenses issued under this chapter. Sec. 1305.265. LICENSE ISSUANCE; NONTRANSFERABILITY. (a) Not later than the 30th day after the date on which the board determines that an applicant has passed the examination required under this chapter, the board 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 board is valid throughout this state and is not transferable. Sec. 1305.266. 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 board 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. 1305.267. LICENSE RENEWAL. (a) Except as provided by Subsection (b), a license expires on December 31 of the third year after issuance and may be renewed every three years on payment of the required renewal fee. (b) The board 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 board 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 board, 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 board the required renewal fee and a late fee in an amount equal to half of the examination fee for the license. 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 board all unpaid renewal fees and a late fee in an amount equal to the examination fee for the license. 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. 1305.268. CONTINUING EDUCATION. To renew a master electrician, journeyman electrician, master sign electrician, journeyman sign electrician, maintenance electrician, or residential wireman license, the license holder must complete eight hours of continuing education every three years.
[Sections 1305.269–1305.300 reserved for expansion]
SUBCHAPTER G. REGULATION OF ELECTRICIANS BY LOCAL GOVERNMENTS
Sec. 1305.301. 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) Electrical work must be installed in accordance with all applicable local ordinances or in accordance with standards at least as stringent as those contained in the state electrical code adopted by the board. Sec. 1305.302. 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 1305.303–1305.350 reserved for expansion]
SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY ACTIONS
Sec. 1305.351. GROUNDS FOR DENIAL OR DISCIPLINARY ACTION. The board shall adopt rules establishing: (1) the grounds for: (A) denial, suspension, or revocation of a license; (B) issuance of a reprimand to a license holder; or (C) placement of a license holder on probation; and (2) procedures for disciplinary actions. Sec. 1305.352. 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. 1305.353. HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If the board proposes to deny, suspend, or revoke a license, the license holder is entitled to a hearing before the board. (b) The board's proceedings relating to the denial, suspension, or revocation of a license issued under this chapter are governed by Chapter 2001, Government Code. Sec. 1305.354. 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 1305.355-1305.400 reserved for expansion]
SUBCHAPTER I. ENFORCEMENT
Sec. 1305.401. CRIMINAL PENALTY. (a) A person commits an offense if the person knowingly: (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 1305.251 and 1305.401, Occupations Code, as added by this Act, take effect March 1, 2004. (c) In making the initial appointments to the Texas Electrical Licensing Board, the governor 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. SECTION 3. (a) The Texas Electrical Licensing Board shall issue a license to a qualified applicant under this section who: (1) applies for a license under this section not later than September 1, 2004; (2) submits to the board the information required by board 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 or journeyman 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 or journeyman 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 or journeyman 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 or journeyman 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 or journeyman 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 or journeyman 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 or journeyman electrician or a residential wireman; (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; (2) held a municipal or regional maintenance electrician license for at least one year; or (3) graduated from an electrical maintenance apprenticeship program consisting at least 576 hours of job-related education and 8,000 hours of on-the-job training. (j) This section expires September 1, 2005.