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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of pool-related electrical |
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maintenance technicians and pool-related electrical maintenance |
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contractors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1305.002, Occupations Code, is amended |
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by adding Subdivisions (14), (15), (16), (17), (18), and (19) to |
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read as follows: |
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(14) "Pool" means an outdoor or indoor structure |
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intended for swimming or recreational bathing, including an |
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inground structure, aboveground structure, hot tub, spa, portable |
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spa, or non-portable wading pool. |
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(15) "Pool-related electrical device" means equipment |
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for a pool that: |
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(A) is installed as a unit; |
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(B) is directly connected to an electrical |
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system; and |
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(C) performs a specific function. |
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(16) "Pool-related electrical maintenance" means |
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electrical work that is limited to the connection or disconnection |
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of a pool-related electrical device to an existing electrical |
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system other than by inserting or removing a plug from an electrical |
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outlet. |
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(17) "Pool-related electrical maintenance |
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contracting" means the business of pool-related electrical |
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maintenance. |
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(18) "Pool-related electrical maintenance contractor" |
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means a business entity, other than an electrical contractor or |
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electrical sign contractor, that is engaged in pool-related |
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electrical maintenance contracting. |
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(19) "Pool-related electrical maintenance technician" |
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means a person, other than a licensed electrician, who is licensed |
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to perform pool-related electrical maintenance. |
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SECTION 2. Section 1305.003(a), Occupations Code, as |
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amended by Chapters 418 (S.B. 1222) and 649 (H.B. 1029), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted and amended |
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to read as follows: |
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(a) This chapter does not apply to: |
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(1) the installation of electrical equipment in a |
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ship, watercraft other than a floating building, railway rolling |
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stock, aircraft, motor vehicle, or recreational vehicle; |
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(2) the installation of electrical equipment |
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underground in a mine and in self-propelled mobile surface mining |
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machinery and its attendant electrical trailing cable; |
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(3) the installation of electrical equipment for |
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generation, transformation, transmission, or distribution of power |
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used exclusively to operate railway rolling stock or exclusively |
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for signaling and communications purposes; |
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(4) the installation, maintenance, alteration, or |
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repair of communications equipment provided by a |
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telecommunications provider; |
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(5) the installation, maintenance, alteration, or |
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repair of electrical equipment under the exclusive control of an |
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electric utility, power generation company as defined by Sections |
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31.002(1) and (10), Utilities Code, electric cooperative, or |
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municipally owned utility and used for communications or metering, |
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or for the generation, control, transformation, transmission, and |
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distribution of electrical energy, and located: |
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(A) in a building used exclusively by a utility |
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or power generation company for those purposes; |
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(B) outdoors on property owned or leased by the |
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utility or power generation company; |
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(C) on public highways, streets, roads, or other |
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public rights-of-way; or |
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(D) outdoors by established rights in vaults or |
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on private property; |
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(6) work not specifically regulated by a municipal |
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ordinance that is performed in or on a dwelling by a person who owns |
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and resides in the dwelling; |
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(7) work involved in the manufacture of electrical |
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equipment that includes the on-site and off-site manufacturing, |
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commissioning, testing, calibrating, coordinating, |
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troubleshooting, or evaluating of electrical equipment, the |
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repairing or retrofitting of electrical equipment with components |
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of the same ampacity, and the maintenance and servicing of |
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electrical equipment within the equipment's enclosure that is |
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performed by an authorized employee or authorized representative of |
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an electrical equipment manufacturer and limited to the type of |
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products manufactured by the manufacturer; |
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(8) electrical work if: |
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(A) the work is performed by a person who does not |
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engage in electrical work for the public; |
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(B) the work is performed by a person regularly |
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employed as a maintenance person or maintenance electrician for a |
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business; and |
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(C) the electrical work does not involve the |
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installation of electrical equipment during new construction as |
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defined by rules adopted under Chapter 151, Tax Code; |
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(9) the installation, maintenance, alteration, or |
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repair of electrical equipment or associated wiring under the |
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exclusive control of a gas utility and used for communications or |
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metering or for the control, transmission, or distribution of |
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natural gas; |
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(10) thoroughfare lighting, traffic signals, |
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intelligent transportation systems, and telecommunications |
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controlled by a governmental entity; |
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(11) electrical connections supplying heating, |
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ventilation, and cooling and refrigeration equipment, including |
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any required disconnect exclusively for the equipment, if the |
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service is performed by a licensed air conditioning and |
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refrigeration contractor under Chapter 1302; |
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(12) the design, installation, erection, repair, or |
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alteration of Class 1, Class 2, or Class 3 remote control, |
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signaling, or power-limited circuits, fire alarm circuits, optical |
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fiber cables, or communications circuits, including raceways, as |
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defined by the National Electrical Code; |
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(13) landscape irrigation installers, as necessary to |
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perform the installation and maintenance of irrigation control |
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systems, and landscapers, as necessary to perform the installation |
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and maintenance of low-voltage exterior lighting and holiday |
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lighting excluding any required power source; |
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(14) electrical work performed at a business that |
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operates: |
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(A) a chemical plant, petrochemical plant, |
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refinery, natural gas plant, natural gas treating plant, pipeline, |
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or oil and gas exploration and production operation by a person who |
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works solely for and is employed by that business; or |
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(B) a chemical plant, petrochemical plant, |
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refinery, natural gas plant, or natural gas treatment plant by a |
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person who under a contract of at least 12 months' duration performs |
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electrical work for that plant and: |
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(i) the electrical work is not performed |
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during new construction as defined by rules adopted under Chapter |
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151, Tax Code; or |
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(ii) the person is not working for a |
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contractor that has a principal place of business in another state |
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or territory of the United States or a foreign country; |
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(15) the installation, maintenance, alteration, or |
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repair of elevators, escalators, or related equipment, excluding |
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any required power source, regulated under Chapter 754, Health and |
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Safety Code; |
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(16) the installation, maintenance, alteration, or |
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repair of equipment or network facilities provided or utilized by a |
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cable operator, as that term is defined by 47 U.S.C. Section 522, as |
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amended; |
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(17) the location, design, construction, extension, |
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maintenance, and installation of on-site sewage disposal systems in |
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accordance with Chapter 366, Health and Safety Code, or an on-site |
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sewage facility installer licensed under Chapter 37, Water Code; |
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(18) electrical work performed on a building, |
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structure, or equipment in agricultural use as defined by Section |
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11.002, Water Code, other than the processing of an agricultural |
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commodity; |
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(19) the installation, maintenance, alteration, or |
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repair of well pumps and equipment in accordance with Chapter 1902; |
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(20) electrical work required for the construction and |
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assembly of HUD-code manufactured housing or modular housing and |
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building units, other than the installation of service entrance |
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conductors, that is performed by a licensed manufacturer or |
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installer under Chapter 1201 or 1202, as applicable, if work |
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performed is within the scope of the license as defined by |
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applicable statutes and administrative rules; [and] |
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(21) work performed by a plumber who holds a license or |
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endorsement or is registered under Chapter 1301 that is necessary |
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to install, service, maintain, repair, or replace any type of |
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plumbing fixture or appliance, as described by Section 1301.002(7), |
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including a water heater, food disposer, garbage disposal, water |
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softener, dishwashing machine, and clothes washing machine on |
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existing electrical circuits only; |
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(22) [. (21)] the maintenance or repair of a |
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residential appliance by a residential appliance dealer or |
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manufacturer or a person authorized by a residential appliance |
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dealer or manufacturer using only components of the same type and |
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ampacity as the original components; and |
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(23) the maintenance, alteration, or repair of a |
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pool-related electrical device by a pool-related electrical device |
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dealer or manufacturer or a person authorized by a dealer or |
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manufacturer using only components of the same type and ampacity as |
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the original components. |
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SECTION 3. Section 1305.102(a), Occupations Code, is |
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amended to read as follows: |
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(a) The executive director shall adopt rules for the |
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licensing of electricians, sign electricians, electrical sign |
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contractors, electrical contractors, residential appliance |
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installers, [and] residential appliance installation contractors, |
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pool-related electrical maintenance contractors, and pool-related |
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electrical maintenance technicians as prescribed by this chapter. |
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SECTION 4. Section 1305.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 1305.151. LICENSE REQUIRED. Except as provided by |
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Section 1305.003, a person or business may not perform or offer to |
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perform electrical work, [or] residential appliance installation, |
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or pool-related electrical maintenance unless the person or |
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business holds an appropriate license issued or recognized under |
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this chapter. |
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SECTION 5. Subchapter D, Chapter 1305, Occupations Code, is |
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amended by adding Sections 1305.1611 and 1305.1612 to read as |
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follows: |
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Sec. 1305.1611. POOL-RELATED ELECTRICAL MAINTENANCE |
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TECHNICIAN. An applicant for a license as a pool-related electrical |
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maintenance technician must pass a pool-related electrical |
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maintenance technician examination administered under this |
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chapter. |
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Sec. 1305.1612. POOL-RELATED ELECTRICAL MAINTENANCE |
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CONTRACTOR. An applicant for a license as a pool-related |
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electrical maintenance contractor must: |
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(1) be licensed under this chapter as a pool-related |
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electrical maintenance technician or employ a person licensed under |
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this chapter as a pool-related electrical maintenance technician; |
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(2) establish proof of financial responsibility in the |
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manner prescribed by the executive director; and |
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(3) maintain workers' compensation coverage for the |
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contractor's employees through an insurance company authorized to |
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engage in the business of insurance in this state or through |
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self-insurance, or elect not to obtain workers' compensation |
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coverage, as provided by Subchapter A, Chapter 406, Labor Code. |
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SECTION 6. Section 1305.166(a), Occupations Code, is |
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amended to read as follows: |
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(a) An electrical contractor, electrical sign contractor, |
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[and] residential appliance installation contractor, and |
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pool-related electrical maintenance contractor shall display the |
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contractor's business name and the number of the license issued by |
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the executive director on each vehicle owned by the contractor. |
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SECTION 7. Section 1305.201(a), Occupations Code, is |
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amended to read as follows: |
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(a) This chapter does not prohibit a municipality or region |
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from regulating electricians, [or] residential appliance |
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installers, or pool-related electrical maintenance technicians by: |
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(1) enacting an ordinance requiring inspections; |
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(2) offering examinations; |
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(3) issuing municipal or regional licenses; or |
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(4) collecting permit fees for municipal or regional |
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licenses and examinations from electricians, [and] appliance |
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installers, and pool-related electrical maintenance technicians |
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for work performed in the municipality or region. |
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SECTION 8. (a) The Texas Department of Licensing and |
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Regulation shall issue a pool-related electrical maintenance |
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technician license without examination to a qualified applicant |
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under this section who: |
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(1) applies for a license under this section not later |
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than June 1, 2010; |
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(2) submits to the department information required by |
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any rules adopted under this section; |
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(3) meets the experience requirement in Subsection (b) |
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of this section; and |
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(4) pays the application fee. |
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(b) An applicant for a license under this section is |
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required to have completed at least 400 hours of electrical work or |
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pool-related electrical maintenance under the supervision of a |
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master electrician or an owner or supervisor of a pool-related |
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electrical maintenance contractor. |
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SECTION 9. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Section 1305.151, Occupations Code, as amended by this |
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Act, takes effect March 1, 2010. |