Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 73.
ELECTRICIANS
16 TAC §73.100
The Texas Department of Licensing and Regulation ("Department")
adopts amendments to an existing rule at 16 Texas Administrative Code, §73.100
regarding technical requirements in the electricians program as published
in the April 1, 2005, issue of the
Texas Register
(30 TexReg 1895), without changes, and will not be republished.
This rule is necessary to comply with the provisions of Texas Occupations
Code, §1305.101(a)(2) which requires the Commission to adopt as the electrical
code for the state the National Electric Code after publication every three
years. The most recent version published is the 2005 version adopted by the
rule as amended.
The Department drafted and distributed the proposed rule to persons internal
and external to the agency in addition to publishing it in the
Texas Register
. Two comments were received. Both were from representatives
of municipalities objecting to the cost the municipalities will incur in making
changes to their electrical codes. The City Planner of Copperas Cove, Texas
pointed out that purchase of new code books will cost the city $455. He also
noted that the new code would require review by staff to identify changes,
and review by the city’s Electrical Board to prepare to respond to questions
that may arise concerning changes. Another commenter, who did not identify
her position on the municipality she represents, stated that the ordinance
adoption process to give the rule effect is not without cost to the municipality.
The Commission is required to adopt the revised National Electrical Code
after it’s publication every three years by the National Fire Protection
Association, Occupations Code, §1305.101(a)(2). The 2005 version was
published in August 2004 for use in 2005 and the following years. The Electrical
Safety and Licensing Advisory Board recommended that the 2005 Code be adopted
effective July 1, 2005, to provide licensees with adequate time to acquaint
themselves with the amendments.
The commenters suggested that the Commission should review the Code and
identify changes. The revised code is printed with changes identified. The
costs identified by the commenters are costs that municipalities exercising
inspection authority for electrical projects would reasonably be expected
to incur without the rule being adopted. Some, if not most, electricians will
use the most recent codes, even if a city has not adopted them which means
that inspectors also need the most recent version in order to address work
done to meet that code. Costs to purchase codes should not be affected by
the rule, though it may affect timing of such costs. The rule is proposed
to comply with statutory requirements and to establish timing for use of the
2005 code by licensees. The commenters did not propose any changes to the
proposed rule; they only objected to the department’s assertion that
the rule amendment would not impose costs on local governments. The rule is
not changed as a result of the comments.
The amendment is adopted under Texas Occupations Code, Chapter
51, which authorizes the Department to adopt rules as necessary to implement
this chapter and any other law establishing a program regulated by the Department
and Texas Occupations Code, Chapter 1305, §1305.101(a)(2).
The statutory provisions affected by the adoption are those set forth in
Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles,
or codes are affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 13, 2005.
TRD-200502394
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: July 3, 2005
Proposal publication date: April 1, 2005
For further information, please call: (512) 463-7348
Chapter 80.
LICENSED COURT INTERPRETERS