16 TAC §§73.10, 73.20 - 73.28, 73.40, 73.53, 73.60, 73.70, 73.80
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to existing rules at 16 Texas Administrative Code, §§73.10,
73.20 - 73.26, 73.40, 73.53, 73.60, 73.70, and 73.80 and new §73.27 and §73.28,
regarding the electrical safety and licensing program.
The 79th Texas Legislature adopted House Bill 1317 which amended Occupations
Code, Chapter 1305 in a number of areas. Most of the changes described below
are proposed to facilitate administration of Chapter 1305 as amended.
Section 73.10, paragraphs (8) and (12) are amended to include entities
since the statute was amended at §1305.001(12-a) to define persons as
individuals.
Paragraphs (9), (10), (11), (15), and (16) were amended to provide that
individual licensees may also provide services through an employing governmental
entity to address a new exemption at §1305.003(d) for political subdivisions
of this state.
Paragraph (9) was also amended to define a master electrician as a person
working on behalf of an electrical sign contractor to recognize that a master
electrician is now allowed to serve as the master for electrical sign contractors. §1305.153(b).
Paragraph (14) is amended to recognize that a master electrician may now
supervise a journeyman sign electrician. §1305.153(b).
Paragraph (17) is amended to delete the reference to §1305.003. The
exemption for maintenance work found at §1305.003(8) was amended to be
an exemption for work performed by businesses. The definition is still needed
to define work performed by maintenance electricians.
Paragraph (19) is amended to delete the reference to authorized representatives
since §1305.003(19) is amended to include the same language as the rule
except for the deleted reference.
New paragraph (20) is added to define electrical sign apprentices, a new
term added to the Act at §1305.161(b).
New paragraph (21) is added to define the term "a principal place of business"
which is added to an exemption for certain industrial plants at §1305.003(14).
New paragraph (22) is added to define the term "on-the-job training," which
appears several times in the rules. The change reflects the language found
in §12 of House Bill 1317, 79th Legislature, which refers to "on-the-job
electrical experience."
Section 73.20(c) is amended to add the word "individual" to the requirement
that all applicants must pass an examination. This is a clarifying amendment.
Section 73.21(a) is amended to add the word "individual" before the word
"applicant" to clarify the section.
Section 73.21(b) is amended to reference House Bill 1317 which extended
the period of time during which qualified applicants may obtain a license
without passing an examination.
New §73.21(b)(2) is added to recognize new §1305.202(b), which
provides that persons licensed by a municipality or regional licensing authority
may obtain a state issued license if the municipality or authority ceases
its licensing program.
Section 73.24 is amended by adding a new subsection (a) to address waiver
of examination for persons holding a license in a state having a reciprocity
agreement with Texas. This amendment is made to address authority granted
by the original statute.
Section 73.24(b) (old subsection (a)) is amended to clarify the conditions
under which the Executive Director may waive an examination requirement.
Section 73.24 is amended to add a new subsection (d) to establish by rule
a new limitation on certain persons applying for a license without examination,
based on licensure by a municipality or regional authority. House Bill 1317
at §12(2) provides that such persons may obtain a state license that
is equivalent to the license issued by a municipality or region.
Section 73.24 is amended to add a new subsection (e) to address certain
applicants for masters' licenses pursuant to provisions of House Bill 1317, §12(1).
Section 73.25(b) and (e) are amended to add the word individual in referring
to continuing education requirements for licensees. This is a clarifying amendment.
Section 73.26 is amended by deleting subsection (d). The deleted section
limited the effect of the rule to certain applications filed before May 31,
2005. House Bill 1317 at §12 directs the Commission to consider alternative
documentation, the use of which is defined by the rule. With the deletion
the rule remains effective.
New §73.27, Licensing Requirements--Temporary Apprentices, is added
to establish a procedure for issuance of temporary apprentice licenses in
response to §1305.161(c).
New §73.28, Licensing Requirements--Emergency Licenses, is added to
establish procedures for issuance of emergency licenses in response to §1305.1615.
Section 73.53 is amended by deleting the word "individual" from the heading.
The wording of the rule itself correctly addresses all licenses. This is a
clarifying amendment.
Section 73.60(d)(1) is amended by deleting the word "individually" and
replacing it with the word "alone" to allow the rule to address all licensees.
This is a clarifying amendment.
Section 73.70(a) is amended to add the phrase "or employing governmental
entity" to allow licensees employed by governmental entities to work other
than through a licensed contractor. §1305.003(d).
Section 73.70(b), (c), and (i) are amended to delete the use of "he or
she" to refer to a licensee. This is a clarifying amendment.
Section 73.70(k) is deleted. The original Act at §1305.101(2) provides
that the version of the National Electric Code adopted by the Commission is
the code for the state. The deleted language is in conflict with that provision.
Section 73.80(a)(9) is amended to change the electrical apprentice fee
to $20. Section 73.80(a) is amended by adding a new paragraph (10) to include
electrical sign apprentices.
Section 73.80(b) is amended to reflect the change from a two-year to a
one-year period for late renewal of a license.
Section 73.80(c)(2) is amended to change the duplicate license fee for
an electrical apprentice to $20. Section 73.80(c) is amended to add paragraph
(3) to set a fee for a duplicate license for an electrical sign apprentice.
These rules are necessary to facilitate administration of statutory changes
to clarify where needed.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments and new rules are in effect
there will be minimal cost to state or local government as a result of enforcing
or administering the amendments and new rules.
Mr. Kuntz also has determined that for each year of the first five-year
period the amendments and new rules are in effect, the public benefit will
be that the rules are consistent with statutory amendments of the 79th Texas
Legislature and they will more clearly address statutory provisions.
With the exception of a five dollar increase in the application fee for
apprentices, the costs, if any, for small or micro-businesses to comply with
these rules will flow from legislative changes, which the amendments merely
implement. The application fee for apprentices is increased from $15 to $20
for the initial one-year registration and for each renewal thereafter. The
fee is increased to cover the costs of providing temporary licenses that will
allow qualified applicants who apply online or in person at the Austin office
to receive a temporary license immediately to be followed within 21 days with
a regular license.
Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive
Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711, or facsimile (512) 475-3032, or electronically: whkuntz@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments and new rules are proposed under Texas Occupations
Code, Chapters 51 and 1305, which authorizes the Department to adopt rules
as necessary to implement this chapter and any other law establishing a program
regulated by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles,
or codes are affected by the proposal.
§73.10.Definitions.
The following words and terms, when used in this chapter, have the
following meanings, unless the context clearly indicates otherwise.
(1) - (7)
(No change.)
(8)
Electrical Contractor--A person,
or entity,
licensed
as an electrical contractor,
that
[
who
] is in the business
of performing "Electrical Contracting" as defined by Texas Occupations Code, §1305.002(5).
(9)
Master Electrician--An individual, licensed as a master
electrician, who on behalf of an electrical contractor,
electrical sign
contractor, or employing governmental entity,
performs "Electrical Work"
as defined by Texas Occupations Code, §1305.002(11).
(10)
Journeyman Electrician--An individual, licensed as a journeyman
electrician, who works under the general supervision of a master electrician,
on behalf of an electrical contractor,
or employing governmental entity,
while performing "Electrical Work" as defined by Texas Occupations
Code, §1305.002(11).
(11)
Electrical Apprentice--An individual, licensed as an apprentice
who works under the on-site supervision of a master electrician, a journeyman
electrician, or a residential wireman, on behalf of an electrical contractor
, or employing governmental entity
performing "Electrical Work" as defined
by Texas Occupations Code, §1305.002(11).
(12)
Electrical Sign Contractor--A person,
or entity,
licensed as an electrical sign contractor,
that
[
who
] is in the business of performing "Electrical Sign Contracting" as
defined by Texas Occupations Code, §1305.002(9).
(13)
(No change.)
(14)
Journeyman Sign Electrician--An individual, licensed as
a journeyman sign electrician, who works under the general supervision of
a master electrician or
a master sign electrician, on behalf of an electrical
sign contractor, while performing "Electrical Sign Work" as defined in paragraph
(18) of this section.
(15)
Residential Wireman--An individual, licensed as a residential
wireman, who works under the general supervision of a master electrician,
on behalf of an electrical contractor,
or employing governmental entity,
while performing electrical work that is limited to electrical installations
in single family and multifamily dwellings not exceeding four stories, as
defined by Texas Occupations Code, §1305.002(13).
(16)
Maintenance Electrician--An individual, licensed as a
maintenance electrician, who works under the general supervision of a master
electrician, on behalf of an electrical contractor
, or employing governmental
entity
and performs "Electrical Maintenance Work" as defined in paragraph
(17) of this section.
(17)
Electrical Maintenance Work--The replacement, or repair
of existing electrical appurtenances, apparatus, equipment, machinery, or
controls used in connection with the use of electrical energy in, on, outside,
or attached to a building, residence, structure, property, or premises. All
replacements or repairs must be of the same rating and type as the existing
installation. No improvements may be made that are necessary to comply with
applicable codes under Texas Occupations Code, Chapter 1305. Electrical maintenance
work does not include the replacement of any raceways, conductors, disconnecting
means, or service feeder components. It also does not include the installation
of any new electrical appurtenances, apparatus, equipment, machinery, or controls
beyond the scope of any existing electrical installation. [
The term does
not include work exempted by Texas Occupations Code, §1305.003.
]
(18)
(No change.)
(19)
Work Involved in the Manufacture of Electrical Equipment--Work
involved in the manufacture of electrical equipment includes on and off-site
manufacture, commissioning, testing, calibration, coordination, troubleshooting,
evaluation, repair or retrofits with components of the same ampacity, maintenance
and servicing of electrical equipment within their enclosures performed by
authorized employees of electrical equipment manufacturers [
or their
authorized representatives
] and limited to the type of products they
manufacture.
(20)
Electrical Sign Apprentice--An individual,
licensed as an electrical sign apprentice who works under the on-site supervision
of a master electrician, a master sign electrician, or a journeyman sign electrician,
on behalf of an electrical sign contractor performing "Electrical Sign Work"
as defined by these rules.
(21)
A Principal Place of Business--For purposes
of these rules, a contractor has a principal place of business in another
state or territory or foreign country if the contractor is doing business
in Texas without complying with all applicable Texas statutes and the contractor
conducts substantial business in another state, territory or country while
business conducted by the contractor in Texas is minimal.
(22)
On-the-job Training--Training or experience
performing electrical work.
§73.20.Licensing Requirements--Applicant and Experience Requirements.
(a)
An applicant for a license must submit the required fees
with a completed application and the appropriate attachments:
(1)
(No change.)
(2)
Applicants for contractor's licenses must submit proof
of general liability insurance and either workers' compensation insurance
or
a
certificate of authority to self insure, or a statement that
the applicant has elected not to obtain workers' compensation insurance pursuant
to Subchapter A, Chapter 406, Labor Code
,
with the initial and
renewal applications.
(b)
(No change.)
(c)
Except as provided by §73.24, each
individual
applicant must pass all parts of a Department accepted examination,
and provide proof of a passing grade, before the applicant will be licensed.
To be accepted, an examination must have been taken and passed no more than
two years before the date of the application.
(d)
For purposes of this chapter, 2,000 hours of on the job
training shall equal one year of on the job training. On the job training
must be established by letter(s) setting out dates of employment from persons
who either employed or supervised the applicant
,
or as required
by the application. Letters must include the name and license type of the
supervising person.
(e) - (f)
(No change.)
§73.21.Licensing Requirements--Examinations.
(a)
To obtain by examination a license issued under this chapter,
an
individual
applicant must successfully complete an examination
approved by the Executive Director of the Texas Department of Licensing and
Regulation.
(b)
To obtain a license without examination,
an applicant
must either;
(1)
file
a completed application [
must be filed on or before June 1, 2004
] and the provisions
of
Section 12, House Bill 1317 of the 79th Legislative Session
[
in
Section 3, House Bill 1487 of the 78th Legislative Session
] and §73.24
must be met
on or before December 31, 2005; or,
[
.
]
(2)
have been licensed for the preceding year
by a municipality or regional licensing authority that has terminated its
licensing program and have applied for a state issued license within ninety
days of the date the program stopped issuing or renewing licenses.
§73.22.Licensing Requirements--General.
(a) - (c)
(No change.)
(d)
An electrical
contractor, or an electrical sign contractor
[
contracting company
] shall not use a license number that
is not assigned to that
contractor
[
company
] by the
Department.
(e) - (h)
(No change.)
§73.23.Licensing Requirements--Renewal.
(a)
Non-receipt of a license renewal notice from the Department
does not exempt a person
, or entity,
from any requirements of this
chapter.
(b)
(No change.)
(c)
Applications not filed by the expiration date are considered
applications for
late
renewal
[
renewals
] and are
subject to late renewal fees.
(d)
(No change.)
§73.24.Licensing Requirements--Waiver of Examination Requirements.
(a)
An applicant who is licensed in another
state that has entered into a reciprocity agreement with Texas regarding licensure
of electricians, may obtain an equivalent license in Texas without passing
the examination, provided that all other licensure requirements are met.
(b)
[
(a)
]
The
[
Upon acceptable
proof of an applicant's qualifications, the
] Executive Director may
waive the examination requirement [
of §73.21
] if
, based
upon acceptable proof, the Executive Director determines that the provisions
of §73.21 are met
[
the application is filed on or before June
1, 2004
].
(c)
[
(b)
] Acceptable proof of an applicant's
qualifications may include any or all of the following:
(1)
a form prescribed by the Department that certifies completion
of the required hours of on-the-job training under the supervision of a master
electrician or master sign electrician as appropriate.
(2)
a form prescribed by the Department and completed by the
municipality or region in which the applicant was licensed for at least one
year.
(3)
a transcript, diploma or certificate evidencing graduation
from an applicable apprenticeship program with the required number of hours
of job-related education. The apprenticeship program must be approved and
registered by the U.S. Department of Labor, Bureau of Apprenticeship and Training
or other organizations recognized by the Department.
(d)
An applicant applying for licensure in
an area in which a municipal or regional licensing program exists and who
works in the area, without passing an examination, may obtain a state issued
license that is equivalent to the municipal or regional license held at the
time of application.
(e)
An applicant who lives and works in an
area where no municipal or regional licensing program exists, without passing
an examination, may obtain a state issued master electrician's license or
a master sign electrician's license if the applicant has 20,000 hours of on-the-job
electrical experience acquired while working in an area where no municipal
or regional licensing program existed while under the supervision of a master
electrician recognized by the department.
§73.25.Continuing Education.
(a)
(No change.)
(b)
To renew a license listed in Texas Occupations Code, §1305.168(a),
an individual
[
a
] licensee must complete four hours of continuing
education in courses approved by the department.
(c) - (d)
(No change.)
(e)
For each annual renewal,
an individual
[
a
] licensee must complete a course, or combination of courses, dedicated
to instruction in:
(1) - (2)
(No change.)
(f) - (i)
(No change.)
§73.26.Documentation of Required On-The-Job Training.
(a) - (c)
(No change.)
[(d)
The provisions of subsections (a)(2),
(b), and (c) of this section will not apply to applications for electrical,
or electrical sign licenses filed with the Department after May 31, 2005.]
§73.27.Licensing Requirements--Temporary Apprentices.
(a)
An applicant for a license as an electrical apprentice
or an electrical sign apprentice will be issued a temporary apprentice license,
if the applicant:
(1)
has not been convicted of a criminal offense; and,
(2)
pays the required fee.
(b)
A temporary license is valid for 21 days and may not be
renewed.
§73.28.Licensing Requirements--Emergency Licenses.
(a)
The executive director may grant emergency electrician
licenses when:
(1)
in response to an emergency as defined by Gov. Code, §418.004,
a state of disaster is declared by;
(A)
the Governor pursuant to Gov. Code, §418.014; or,
(B)
the presiding officer of the governing body of a local
governmental entity pursuant to Gov. Code, §418.108, and,
(2)
the executive director determines that a sufficient number
of persons holding electrical licenses recognized under Occupations Code,
Chapter 1305 is not available to perform electrical work needed to timely
respond to the disaster.
(b)
To obtain an emergency license, an applicant must:
(1)
be currently licensed by another state of the United States
to perform electrical work in the licensing state; and,
(2)
submit a completed application on a form acceptable to
the department, along with appropriate attachments and the required fee.
(c)
Emergency licenses will be classified as master, journeyman,
residential wireman, or maintenance electrician and will be issued to applicants
at a level equivalent to the license the applicant holds in another state.
(d)
An emergency license will expire ninety days after issuance,
and:
(1)
is valid only in the disaster area designated by the governor,
or in the jurisdiction of a local governmental entity declaring a disaster;
(2)
is valid only during the time of a declared disaster and
its recovery period, if any; and
(3)
may be renewed for an additional ninety days if:
(A)
the declared disaster and any applicable recovery period
continues on the eightieth day of the emergency license;
(B)
the executive director determines, at that time, that a
sufficient number of persons holding electrical licenses recognized under
Occupations Code, Chapter 1305 is not available to perform electrical work
needed to timely respond to the disaster; and,
(C)
submits a completed renewal application on a form acceptable
to the department, along with appropriate attachments and the required fee.
(e)
A person holding an emergency license must perform electrical
work:
(1)
on behalf of an electrical contractor, an electrical sign
contractor, or an employing governmental entity; and,
(2)
in compliance with all applicable statutes, administrative
rules, and ordinances.
(f)
The fee for emergency licenses will be the amount set out
in §73.80 for the class of emergency license issued.
§73.40.Insurance Requirements.
(a)
(No change.)
(b)
A license applicant or licensee shall file with the Department
a completed certificate of insurance or other evidence satisfactory to the
Department when applying for [
an
] initial and renewal licenses
and upon request of the Department.
(c) - (d)
(No change.)
(e)
Insurance must be obtained from an admitted company or
an eligible surplus lines carrier, as defined in the Texas Insurance Code,
Chapter 981
[
Article 1.14-2
], or other insurance companies
that are rated by A.M. Best Company as B+ or higher.
§73.53.[ Individual ] Licensees' Responsibilities.
All licensees must perform non-exempt electrical work or non-exempt
electrical sign work in compliance with applicable codes. The department will
interpret applicable codes for purposes of enforcement of the Act.
§73.60.Standards of Conduct for Licensee.
(a) - (c)
(No change.)
(d)
Specific Rules of Conduct
.
A licensee shall not:
(1)
participate, whether
alone
[
individually
] or in concert with others, in any plan, scheme, or arrangement attempting
or having as its purpose the evasion of any provision of the Act, the rules,
or the standards adopted by the Commission;
(2) - (4)
(No change.)
§73.70.Responsibility of Licensee--Standards of Conduct.
(a)
An individual licensee must provide all electrical work
requiring a license through a licensed contractor
, or employing governmental
entity
.
(b)
The licensee shall accurately and truthfully represent
to any prospective client or employer,
the licensees's
[
his
or her
] capabilities and qualifications to perform the services to be
rendered.
(c)
The licensee shall not offer to perform, nor perform, technical
services for which
the licensee
[
he or she
] is not qualified
by education or experience, without securing the services of another who is
qualified.
(d)
(No change.)
(e)
The licensee shall not agree to perform services if any
significant financial or other interest exists that may be in conflict with:
(1)
the
[
The
] obligation to render a
faithful discharge of such services; or
(2)
would
[
Would
] impair independent
judgment in rendering such services.
(f) - (h)
(No change.)
(i)
The licensee shall not hold [
him or herself
]
out as being engaged in partnership or association with any person unless
a partnership or association exists in fact.
(j)
(No change.)
[(k)
In areas where no electrical code is
adopted, the state approved code shall be followed by the licensee.]
§73.80.Fees.
(a)
Application and renewal fees:
(1) - (8)
(No change.)
(9)
Electrical Apprentice--
$20
[
$15
]
(10)
Electrical Sign Apprentice--$20
(b)
Late Renewal Fees
. Late renewal fees for licenses
issued under this chapter are provided under §60.83 of this title (relating
to Late Renewal Fees).
[(1)
A person whose license has been expired
for 90 days or less may renew the license by paying a late renewal fee equal
to 1 and 1/2 times the normally required renewal fee.]
[(2)
A person whose license has been expired
for more than 90 days but less than two years may renew the license by paying
a late renewal fee equal to two times the normally required renewal fee.]
[(3)
A person paying a late renewal fee is
not required to pay the normally required renewal fee.]
(c)
Revised or duplicate license fees:
(1)
(No change.)
(2)
Electrical Apprentice--
$20
[
$15
]
(3)
Electrical Sign Apprentice--$20
(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 28, 2005.
TRD-200503100
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 11, 2005
For further information, please call: (512) 463-7348