By: Driver, et al. (Senate Sponsor - Armbrister) H.B. No. 1317
(In the Senate - Received from the House May 11, 2005;
May 13, 2005, read first time and referred to Committee on Business
and Commerce; May 20, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 20, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1317 By: Lucio
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 Subdivisions (1-a) and (12-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.
(12-a) "Person" means an individual.
SECTION 2. Section 1305.003, Occupations Code, is amended
by amending Subsection (a) and adding Subsections (d) and (e) 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, power generation company as defined by Sections
31.002(1) and (10), Utilities Code, 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
or affiliated power generation company for those purposes;
(B) outdoors on property owned or leased by the
utility or affiliated power generation company;
(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 that includes the on-site and off-site manufacturing,
commissioning, testing, calibrating, coordinating,
troubleshooting, or evaluating of electrical equipment, the
repairing or retrofitting of electrical equipment with components
of the same ampacity, and the maintenance and servicing of
electrical equipment within the equipment's enclosure that is
performed by an authorized employee of an electrical equipment
manufacturer and limited to the type of products manufactured by
the manufacturer;
(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 performed at [solely for] a [private industrial]
business[, including a business] that operates:
(A) a chemical plant, petrochemical plant,
refinery, natural gas plant, natural gas treating plant, pipeline,
or oil and gas exploration and production operation by a person who
works solely for and is employed by that business; or
(B) a chemical plant, petrochemical plant
refinery, natural gas plant, or natural gas treatment plant by a
person who under a contract of at least 12 months' duration performs
electrical work for that plant and:
(i) the electrical work is not performed
during new construction as defined by rules adopted under Chapter
151, Tax Code; or
(ii) the person is not working for a
contractor that has a principal place of business in another state
or territory of the United States or a foreign country;
(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, or an on-site
sewage facility installer licensed under Chapter 37, Water Code;
(18) electrical work performed on a building,
structure, or equipment in agricultural use;
(19) the installation, maintenance, alteration, or
repair of well pumps and equipment in accordance with Chapter 1902;
and
(20) electrical work required for the assembly of
HUD-code manufactured housing or modular housing and building
units, other than the installation of service entrance conductors,
that is performed by a person licensed as an installer under Chapter
1201 or 1202, as applicable, if the work performed is within the
scope of the person's license as defined by applicable
administrative rules.
(d) This chapter does not require a political subdivision of
this state, including a school district or a municipality, to hold
an electrical contractor license or an electrical sign contractor
license under this chapter to be authorized to employ a person to
perform electrical work for the political subdivision.
(e) Subsection (d) does not exempt an employee of a
political subdivision from the requirement of holding the
appropriate license under this chapter to perform electrical work.
SECTION 3. Section 1305.151, Occupations Code, is amended
to read as follows:
Sec. 1305.151. LICENSE REQUIRED. Except as provided by
Section 1305.003, a person or business may not perform or offer to
perform electrical work unless the person or business holds an
appropriate license issued or recognized under this chapter.
SECTION 4. Section 1305.153, Occupations Code, is amended
to read as follows:
Sec. 1305.153. [REQUIREMENTS FOR] MASTER ELECTRICIAN. (a)
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) have held a journeyman electrician license for at
least two years; and
(3) pass a master electrician examination
administered under this chapter.
(b) A master electrician may:
(1) perform all electrical work, including electrical
work performed by a master sign electrician;
(2) supervise an electrician;
(3) verify compliance with on-the-job training
requirements for issuance of a master electrician license, master
sign electrician license, journeyman electrician license, or
journeyman sign electrician license; and
(4) serve as master of record for an electrical sign
contractor.
SECTION 5. Section 1305.160(b), Occupations Code, is
amended to read as follows:
(b) A person who holds a master sign electrician license
issued or recognized under this chapter may only be assigned to a
single electrical sign contractor, unless the master sign
electrician owns more than 50 percent of the electrical sign
contracting business.
SECTION 6. Section 1305.161, Occupations Code, is amended
to read as follows:
Sec. 1305.161. [ELECTRICAL] APPRENTICE; TEMPORARY
APPRENTICE. (a) Except as provided by Subsection (b), an [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.
(b) An applicant for a license as an electrical sign
apprentice must be at least 18 years of age and be engaged in the
process of learning and assisting in the performance of electrical
sign work under the supervision of a licensed master sign
electrician.
(c) On the request of an applicant for an apprentice
license, the executive director shall issue a temporary apprentice
license that expires on the 21st day after the date of issuance to
an applicant who meets the qualifications established by the
executive director.
(d) The commission by rule shall set the fee, establish the
qualifications, and provide for the issuance of a temporary
apprentice license under this section.
SECTION 7. Subchapter D, Chapter 1305, Occupations Code, is
amended by adding Sections 1305.1615 and 1305.1616 to read as
follows:
Sec. 1305.1615. EMERGENCY ELECTRICIAN LICENSE. (a) The
commission by rule shall establish criteria and procedures for the
issuance of an emergency electrician license following a disaster,
as that term is defined by Section 418.004, Government Code, to a
person licensed as an electrician in another state of the United
States.
(b) An emergency license issued under this section expires
on the 90th day after the date of issuance.
(c) The commission, with the advice of the advisory board,
may adopt rules that provide for the extension of an emergency
license issued under this section.
Sec. 1305.1616. CERTAIN APPLICANTS WHO ARE VETERANS. (a)
The department shall issue a license without examination to an
individual who:
(1) was on active duty in the United States armed
forces during the period of March 1, 2004, to June 1, 2004;
(2) submits an application and any other information
required by department rule to the department not later than the
90th day after the date the individual is released or discharged
from active duty in the armed forces;
(3) has the experience required for a license under
this chapter; and
(4) pays the application fee.
(b) This section expires January 1, 2007.
SECTION 8. Section 1305.168(c), Occupations Code, is
amended to read as follows:
(c) The executive director by rule shall approve continuing
education courses, online 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.
SECTION 9. Section 1305.202, Occupations Code, is amended
to read as follows:
Sec. 1305.202. SCOPE OF MUNICIPAL OR REGIONAL LICENSE. (a)
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.
(b) A person who holds a license to perform electrical work
or electrical sign work issued by a municipality or region that
elects to discontinue issuing or renewing licenses may apply for an
equivalent license under this chapter without complying with the
applicable examination requirement if the person:
(1) held the municipal or regional license for the
preceding year; and
(2) submits an application for a license under this
chapter within 90 days of the date the municipality or region stops
issuing or renewing licenses.
SECTION 10. Section 3(k), Chapter 1062, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(k) This section expires December 31, 2005 [September 1,
2005].
SECTION 11. Section 1305.167(d), Occupations Code, is
repealed.
SECTION 12. (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
December 31, 2005, and meet the requirements under that section not
later than December 31, 2005.
(b) For purposes of the issuance of a license under Section
3, Chapter 1062, Acts of the 78th Legislature, Regular Session,
2003:
(1) 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 applying for a license in an area in which a municipal
or regional licensing program does not exist and is unable to
provide proof of on-the-job training certified by a master
electrician or master sign electrician, as appropriate; and
(2) a person applying for a license in an area in which
a municipal or regional licensing program exists is eligible only
for an equivalent license issued by the department.
(c) The Texas Department of Licensing and Regulation shall
provide notice of the period extended as provided by this section in
which an applicant may apply for a license under Section 3, Chapter
1062, Acts of the 78th Legislature, Regular Session, 2003, to:
(1) all municipal and regional licensing programs in
this state;
(2) all counties in this state; and
(3) all businesses in this state that sell electrical
supplies and equipment.
(d) In the notice required under Subsection (c)(1) of this
section, the Texas Department of Licensing and Regulation shall
request that the municipal or regional licensing program provide
notice of the extended application period to all persons holding
electrical licenses issued by that program.
SECTION 13. 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, 2005.
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