| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the licensing and regulation of appliance installers |
|
|
and appliance installation contractors. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1305.002, Occupations Code, is amended |
|
|
by adding Subdivisions (1-b), (1-c), (1-d), (1-e), and (1-f) to |
|
|
read as follows: |
|
|
(1-b) "Appliance" means equipment that: |
|
|
(A) is installed as a unit; |
|
|
(B) is directly connected to an electrical |
|
|
system; and |
|
|
(C) performs a specific function. |
|
|
(1-c) "Appliance installation" means electrical work |
|
|
that is limited to the connection or disconnection of an appliance |
|
|
to an existing electrical system other than by inserting or |
|
|
removing a plug from an electrical outlet. |
|
|
(1-d) "Appliance installation contracting" means the |
|
|
business of appliance installation. |
|
|
(1-e) "Appliance installation contractor" means a |
|
|
business entity, other than an electrical contractor or electrical |
|
|
sign contractor, that is engaged in appliance installation |
|
|
contracting. |
|
|
(1-f) "Appliance installer" means a person, other than |
|
|
a licensed electrician, who is licensed to perform appliance |
|
|
installation. |
|
|
SECTION 2. Subsection (a), Section 1305.003, Occupations |
|
|
Code, is amended 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, motor vehicle, 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 power generation company for those purposes; |
|
|
(B) outdoors on property owned or leased by the |
|
|
utility or 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 work if: |
|
|
(A) the work is performed by a person who does not |
|
|
engage in electrical work for the public; |
|
|
(B) the work is performed by a person regularly |
|
|
employed as a maintenance person or maintenance electrician for a |
|
|
business; and |
|
|
(C) the electrical work does not involve the |
|
|
installation of electrical equipment during new construction as |
|
|
defined by rules adopted under Chapter 151, Tax Code; |
|
|
(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) electrical work performed at 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; |
|
|
(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 as defined by Section |
|
|
11.002, Water Code, other than the processing of an agricultural |
|
|
commodity; |
|
|
(19) the installation, maintenance, alteration, or |
|
|
repair of well pumps and equipment in accordance with Chapter 1902; |
|
|
[and] |
|
|
(20) electrical work required for the construction and |
|
|
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 licensed manufacturer or |
|
|
installer under Chapter 1201 or 1202, as applicable, if work |
|
|
performed is within the scope of the license as defined by |
|
|
applicable statutes and administrative rules; and |
|
|
(21) the maintenance or repair of an appliance by an |
|
|
appliance dealer or manufacturer or a person authorized by an |
|
|
appliance dealer or manufacturer using only components of the same |
|
|
type and ampacity as the original components. |
|
|
SECTION 3. Subsection (a), Section 1305.102, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(a) The executive director shall adopt rules for the |
|
|
licensing of electricians, sign electricians, electrical sign |
|
|
contractors, [and] electrical contractors, appliance installers, |
|
|
and appliance installation contractors as prescribed by this |
|
|
chapter. |
|
|
SECTION 4. Section 1305.15l, 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 or appliance installation unless the person |
|
|
or business holds an appropriate license issued or recognized under |
|
|
this chapter. |
|
|
SECTION 5. Subchapter D, Chapter 1305, Occupations Code, is |
|
|
amended by adding Sections 1305.1617 and 1305.1618 to read as |
|
|
follows: |
|
|
Sec. 1305.1617. APPLIANCE INSTALLER. An applicant for a |
|
|
license as an appliance installer must pass an appliance installer |
|
|
examination administered under this chapter. |
|
|
Sec. 1305.1618. APPLIANCE INSTALLATION CONTRACTOR. |
|
|
(a) An applicant for a license as an appliance installation |
|
|
contractor must: |
|
|
(1) be licensed under this chapter as an appliance |
|
|
installer or employ a person licensed under this chapter as an |
|
|
appliance installer; |
|
|
(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 an appliance installer's license |
|
|
issued or recognized under this chapter may only be assigned to a |
|
|
single appliance installation contractor, unless the appliance |
|
|
installer owns more than 50 percent of the appliance installation |
|
|
contracting business. |
|
|
SECTION 6. Subsection (a), Section 1305.166, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(a) An electrical contractor, [and] electrical sign |
|
|
contractor, and appliance installation 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. |
|
|
SECTION 7. Subsection (a), Section 1305.201, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(a) This chapter does not prohibit a municipality or region |
|
|
from regulating electricians or appliance installers 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 and appliance |
|
|
installers for work performed in the municipality or region. |
|
|
SECTION 8. (a) The Texas Department of Licensing and |
|
|
Regulation shall issue an appliance installer license without |
|
|
examination to a qualified applicant under this section who: |
|
|
(1) applies for a license under this section not later |
|
|
than June 1, 2008; |
|
|
(2) submits to the department information required by |
|
|
rules adopted under this section; |
|
|
(3) meets the experience requirement in Subsection (b) |
|
|
of this section; and |
|
|
(4) pays the application fee. |
|
|
(b) An applicant for a license under this section is |
|
|
required to have completed at least 4,000 hours of electrical work |
|
|
or appliance installation under the supervision of a master |
|
|
electrician or an owner or supervisor of an appliance installation |
|
|
contractor. |
|
|
SECTION 9. (a) Except as provided by Subsection (b) of |
|
|
this section, this Act takes effect September 1, 2007. |
|
|
(b) The change in law made by this Act by the amendment of |
|
|
Section 1305.151, Occupations Code, takes effect March 1, 2008. |
|
|
|
|
|
* * * * * |