81R10580 JAM-F
  By: Darby H.B. No. 2091
  relating to a license exemption for persons performing certain
  electrical work in unincorporated areas of this state.
         SECTION 1.  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 representatives
  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
                     (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
               (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
               (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)  electrical work performed in an unincorporated
  area of this state on an existing motor, control, or component of
         SECTION 2.  To the extent of any conflict, this Act prevails
  over another Act of the 81st Legislature, Regular Session, 2009,
  relating to nonsubstantive additions to and corrections in enacted
         SECTION 3.  This Act takes effect September 1, 2009.