79R4601 YDB-D
By: Armbrister S.B. No. 1286
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, 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, or an on-site
sewage facility installer licensed by the Texas Commission on
Environmental Quality;
(18) electrical work performed on a building,
structure, or equipment in agricultural use; and
(19) the installation, maintenance, alteration, or
repair of well pumps and equipment in accordance with Chapter 1902.
(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 a license
under this chapter to perform electrical work.
SECTION 3. 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) 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 and an electrical sign
contractor;
(2) supervise an electrician;
(3) verify compliance with on-the-job training
requirements for issuance of a master electrician or master sign
electrician license; and
(4) serve as master of record for an electrical sign
contractor.
SECTION 4. 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 5. Section 1305.161, Occupations Code, is amended
to read as follows:
Sec. 1305.161. ELECTRICAL APPRENTICE; TEMPORARY ELECTRICAL
APPRENTICE. (a) 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.
(b) On the request of an applicant for an electrical
apprentice license, the executive director shall issue a temporary
electrical apprentice license that expires on the 45th day after
the date of issuance to an applicant who meets the qualifications
established by the executive director.
(c) The executive director by rule shall set the fee,
establish the qualifications, and provide for the issuance of a
temporary electrical apprentice license under this section.
SECTION 6. Subchapter D, Chapter 1305, Occupations Code, is
amended by adding Section 1305.1615 to read as follows:
Sec. 1305.1615. EMERGENCY ELECTRICIAN LICENSE. (a) The
executive director 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.
SECTION 7. Section 1305.168, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) The department shall offer online continuing education
courses for electricians through the department's Internet
website.
SECTION 8. 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
issued by a municipality or region that elects to discontinue its
licensing program 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 not later than the 90th day after the date the municipal or
regional licensing program is discontinued.
SECTION 9. Section 1305.167(d), Occupations Code, is
repealed.
SECTION 10. (a) The Texas Department of Licensing and
Regulation shall issue a license without examination to a qualified
applicant under this section who:
(1) actively served in the armed forces of the United
States;
(2) applies for a license under this section not later
than December 31, 2006;
(3) submits to the department the information required
by rule;
(4) has the experience required by this section; and
(5) 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) On-the-job training required by this section must be
certified by a master electrician or master sign electrician, as
appropriate.
(k) This section expires September 1, 2007.
SECTION 11. (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.
(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
publish at least one time in newspapers of general circulation in
both large and small communities a notice of the extended deadlines
established by this Act for obtaining a license under Section 3,
Chapter 1062, Acts of the 78th Legislature, Regular Session, 2003,
as amended by this Act.
SECTION 12. 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.