BILL ANALYSIS
Senate Research Center S.B. 1222
By: Carona
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas Electric Safety and Licensing Act (TESLA) requires an individual to be licensed in order to perform certain electrical work. There are numerous exceptions that allow other professionals to perform simple electrical work in the course of their normal duties; however, no exception is made for electrical activities performed in the course of appliance installation. Electrical work is incidental to appliance installation, and requiring that an electrician perform this service is a burden and expense to consumers.
S.B. 1222 creates a license for residential appliance installation and requires that residential appliance installation be done by a licensed residential appliance installer. This bill also creates an exception to TESLA for any electric work related to residential appliance installation done by a licensed residential appliance installer.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1305.002, Occupations Code, by amending Subdivision (12-a) and adding Subdivisions (12-b), (12-c), (12-d), and (12-e), to define "residential appliance," "residential appliance installation," " residential appliance installation contracting," "residential appliance installation contractor," and "residential appliance installer" and to delete the existing definition for "person."
SECTION 2. Amends Section 1305.003(a), Occupations Code, to provide that this chapter does not apply to certain work involved in the maintenance and servicing of electrical equipment within the equipment's enclosure that is performed by an authorized employee or authorized representative of an electrical equipment manufacturer and the maintenance or repair of a residential appliance by a residential appliance dealer or manufacturer or a person authorized by a residential appliance dealer or manufacturer using only components of the same type and ampacity as the original components.
SECTION 3. Amends Section 1305.102(a), Occupations Code, to require the executive director of the Texas Department of Licensing and Regulation (executive director; TDLR) to adopt rules for the licensing of residential appliance installers and residential appliance installation contractors, in addition to other persons already required to be licensed, as prescribed by this chapter.
SECTION 4. Amends Section 1305.151, Occupations Code, to prohibit a person or business, except as provided by Section 1305.003, from performing or offering to perform appliance installation unless the person or business holds an appropriate license issued or recognized under this chapter.
SECTION 5. Amends Subchapter D, Chapter 1305, Occupations Code, by adding Sections 1305.1617 and 1305.1618, as follows:
Sec. 1305.1617. RESIDENTIAL APPLIANCE INSTALLER. Requires an applicant for a license as a residential appliance installer to pass a residential appliance installer examination administered under this chapter.
Sec. 1305.1618. RESIDENTIAL APPLIANCE INSTALLATION CONTRACTOR. (a) Requires an applicant for a license as a residential appliance installation contractor to meet certain requirements.
(b) Authorizes a person who holds a residential appliance installer's license issued or recognized under this chapter to only be assigned to a single residential appliance installation contractor, unless the residential appliance installer owns more than 50 percent of the residential appliance installation contracting business.
SECTION 6. Amends Section 1305.166(a), Occupations Code, to require a residential appliance installation contractor to display the contractor's business name and the number of the license issued by the executive director on each vehicle owned by the contractor.
SECTION 7. Amends Section 1305.201(a), Occupations Code, to provide that this chapter does not prohibit a municipality or region from regulating residential appliance installers by taking certain actions.
SECTION 8. (a) Requires TDLR to issue a residential appliance installer license without examination to a qualified applicant under this section who satisfies certain conditions.
(b) Provides that an applicant for a license under this section is required to have completed at least 4,000 hours of electrical work or residential appliance installation under the supervision of a master electrician or an owner or supervisor of an appliance installation contractor.
SECTION 9. (a) Effective date, except as provided by Subsection (b) of this section: September 1, 2007.
(b) Effective date for the change in law made by this Act by the amendment of Section 1305.151, Occupations Code: March 1, 2008.