81R8548 BEF-F

By: Hamilton H.B. No. 1973

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of pool-related electrical maintenance technicians and pool-related electrical maintenance contractors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1305.002, Occupations Code, is amended by adding Subdivisions (14), (15), (16), (17), (18), and (19) to read as follows:

(14) "Pool" means an outdoor or indoor structure intended for swimming or recreational bathing, including an inground structure, aboveground structure, hot tub, spa, portable spa, or non-portable wading pool.

(15) "Pool-related electrical device" means equipment for a pool that:

(A) is installed as a unit;

(B) is directly connected to an electrical system; and

(C) performs a specific function.

(16) "Pool-related electrical maintenance" means electrical work that is limited to the connection or disconnection of a pool-related electrical device to an existing electrical system other than by inserting or removing a plug from an electrical outlet.

(17) "Pool-related electrical maintenance contracting" means the business of pool-related electrical maintenance.

(18) "Pool-related electrical maintenance contractor" means a business entity, other than an electrical contractor or electrical sign contractor, that is engaged in pool-related electrical maintenance contracting.

(19) "Pool-related electrical maintenance technician" means a person, other than a licensed electrician, who is licensed to perform pool-related electrical maintenance.

SECTION 2. Section 1305.003(a), Occupations Code, as amended by Chapters 418 (S.B. 1222) and 649 (H.B. 1029), Acts of the 80th Legislature, Regular Session, 2007, is reenacted and 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 or authorized representative 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;

(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) work performed by a plumber who holds a license or endorsement or is registered under Chapter 1301 that is necessary to install, service, maintain, repair, or replace any type of plumbing fixture or appliance, as described by Section 1301.002(7), including a water heater, food disposer, garbage disposal, water softener, dishwashing machine, and clothes washing machine on existing electrical circuits only;

(22) [. (21)] 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; and

(23) the maintenance, alteration, or repair of a pool-related electrical device by a pool-related electrical device dealer or manufacturer or a person authorized by a dealer or manufacturer using only components of the same type and ampacity as the original components.

SECTION 3. Section 1305.102(a), 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, electrical contractors, residential appliance installers, [and] residential appliance installation contractors, pool-related electrical maintenance contractors, and pool-related electrical maintenance technicians as prescribed by this chapter.

SECTION 4. 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, [or] residential appliance installation, or pool-related electrical maintenance 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 1305.1611 and 1305.1612 to read as follows:

Sec. 1305.1611. POOL-RELATED ELECTRICAL MAINTENANCE TECHNICIAN. An applicant for a license as a pool-related electrical maintenance technician must pass a pool-related electrical maintenance technician examination administered under this chapter.

Sec. 1305.1612. POOL-RELATED ELECTRICAL MAINTENANCE CONTRACTOR. An applicant for a license as a pool-related electrical maintenance contractor must:

(1) be licensed under this chapter as a pool-related electrical maintenance technician or employ a person licensed under this chapter as a pool-related electrical maintenance technician;

(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.

SECTION 6. Section 1305.166(a), Occupations Code, is amended to read as follows:

(a) An electrical contractor, electrical sign contractor, [and] residential appliance installation contractor, and pool-related electrical maintenance 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. Section 1305.201(a), Occupations Code, is amended to read as follows:

(a) This chapter does not prohibit a municipality or region from regulating electricians, [or] residential appliance installers, or pool-related electrical maintenance technicians 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, and pool-related electrical maintenance technicians for work performed in the municipality or region.

SECTION 8. (a) The Texas Department of Licensing and Regulation shall issue a pool-related electrical maintenance technician license without examination to a qualified applicant under this section who:

(1) applies for a license under this section not later than June 1, 2010;

(2) submits to the department information required by any 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 400 hours of electrical work or pool-related electrical maintenance under the supervision of a master electrician or an owner or supervisor of a pool-related electrical maintenance contractor.

SECTION 9. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009.

(b) Section 1305.151, Occupations Code, as amended by this Act, takes effect March 1, 2010.