|
SECTION 1. Section
1305.003(a), 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 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;
(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) 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, or
pool-related electrical maintenance performed by, an employee of a
municipality on a pool owned or operated by the municipality; and
(24) a person who sells or
offers to sell a sign that requires electrical work or electrical sign work
in connection with the construction or installation of the sign if the
person does not perform that electrical work or electrical sign work.
|
SECTION 1. Section
1305.003(a), 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 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;
(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) 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, or
pool-related electrical maintenance performed by, an employee of a
municipality on a pool owned or operated by the municipality; and
(24) a person who sells or
offers to sell a sign that requires electrical work or electrical sign work
in connection with the construction or installation of the sign if the
person:
(A) does not perform or offer to perform that electrical work or
electrical sign work; and
(B) uses only an electrical contractor under Section 1305.159 or an
electrical sign contractor under Section 1305.160 to perform that work.
|