Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 73.
ELECTRICIANS
16 TAC §§73.10, 73.51 - 73.53
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to an existing rule at 16 Texas Administrative Code, §73.10
and new rules §§73.51, 73.52, and 73.53 regarding the electricians
programs.
Rule 73.10 is amended by adding thirteen new definitions. They are added
for each class of license to describe the scope of their work and the nature
of supervision. Definitions of general and direct supervision are added. Electrical
maintenance work and electrical sign work are included.
Rule 73.51 is added to define responsibilities of electrical contractors.
Rule 73.52 is added to define responsibilities of electrical sign contractors.
Rule 73.53 is added to define responsibilities of individual licensees and
to clarify that for purposes of enforcing the Electrical Safety and Licensing
Act the department’s code interpretations will apply.
These rules are needed to clarify the nature of work individual licensees
perform, to define the nature of the supervision required, and to clarify
responsibilities of licensees.
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 no cost to state or local government as a result of enforcing
or administering the amendment 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 licensees and the public will have clear definitions and delineations
of responsibilities of licensees.
There may be an effect on large, small, or micro-businesses as a result
of the proposed amendments and new rules since the rules clarify statutory
licensure classifications and the type of work that may be performed with
a particular license. There are no costs to persons who are required to comply
with these rules in addition to those occasioned by statute will be incurred.
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 512/475-2872, 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, Chapter 1305 and 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.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapter 1305 and Chapter 51. 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)
Assumed name--A name used by a business as defined in the
Business and Commerce Code, Title 4, Chapter 36, Subchapter A, §36.02.
(2)
Business affiliation--The business organization to which
a master licensee may assign his or her license.
(3)
Employee--An individual who performs tasks assigned to
him by his employer. The employee is subject to the deduction of social security
and federal income taxes from his pay. An employee may be full time, part
time, or seasonal.
(4)
Employer--One who employs the services of employees, pays
their wages, deducts the required social security and federal income taxes
from the employee’s pay, and directs and controls the employee’s
performance.
(5)
Filed--
A
[
(6)
General Supervision--Exercise
of oversight by a master electrician on behalf of an electrical contractor,
or by a master sign electrician on behalf of an electrical sign contractor
of performance by all classes of electrical licensees of electrical work bearing
responsibility for the work’s compliance with applicable codes under
Texas Occupations Code, Chapter 1305.
(7)
Direct Supervision--Exercise
of on-site supervision of electrical work, or electrical sign work by a licensed
individual, provided however that an electrical apprentice may not supervise
electrical work or electrical sign work.
(8)
Electrical Contractor--A person,
licensed as an electrical contractor, 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,
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,
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 performing "Electrical Work" as defined
by Texas Occupations Code, §1305.002(11).
(12)
Electrical Sign Contractor--A
person, licensed as an electrical sign contractor, who is in the business
of performing "Electrical Sign Contracting" as defined by Texas Occupations
Code, §1305.002(9).
(13)
Master Sign Electrician--An
individual, licensed as a master sign electrician, who, on behalf of an electrical
sign contractor, performs "Electrical Sign Work" as defined in paragraph (18)
of this section.
(14)
Journeyman Sign Electrician--An
individual, licensed as a journeyman sign electrician, who works under the
general supervision of 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, 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
and performs "Electrical Maintenance Work" as defined in paragraph (17) of
this section.
(17)
Electrical Maintenance Work--The
replacement, repair, calibration, inspection, or testing 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)
Electrical Sign Work--Any
labor or material used in manufacturing, installing, maintaining, extending,
connecting or reconnecting an electrical wiring system and the appurtenances,
apparatus or equipment used in connection with signs, outline lighting, awnings,
signals, light emitting diodes, and the repair of existing outdoor electric
discharge lighting.
§73.51.Electrical Contractors’ Responsibilities.
(a)
A licensed electrical contractor shall display its name
and license number on both sides of each vehicle owned or operated by the
business and used in the conduct of electrical work. Lettering shall be of
a contrasting color and at least two inches in height. The license number
shall be preceded by the letters "TECL".
(b)
All of a contractor’s non-exempt electrical work
shall be performed by licensed individuals. A contractor is responsible for
compliance with applicable codes for all such electrical work it performs.
(c)
Subcontracts with electrical contractors and individuals
licensed as masters, journeymen, or residential wiremen are permitted so long
as electrical work is supervised by the electrical contractor’s master.
If the subcontractor is an individual licensee, the licensee shall not employ
anyone else to perform electrical work. A contractor may not accept assignment
of a contract for electrical work from an individual licensee who will perform
any part of the work.
§73.52.Electrical Sign Contractors’ Responsibilities.
(a)
A licensed electrical sign contractor shall display its
name and license number on both sides of each vehicle owned or operated by
the business and used in the conduct of electrical sign work. Lettering shall
be of a contrasting color and at least two inches in height. The license number
shall be preceded by the letters "TSCL".
(b)
All of a contractor’s non-exempt electrical sign
work shall be performed by licensed individuals. A contractor is responsible
for compliance with applicable codes for all such electrical sign work it
performs.
(c)
Subcontracts with electrical sign contractors and individuals
licensed as sign masters or sign journeymen are permitted so long as electrical
sign work is supervised by the contractor’s master. If the subcontractor
is an individual licensee, the licensee shall not employ anyone else to perform
electrical sign work. A contractor may not accept an assignment of a contract
for electrical sign work from an individual licensee who will perform any
part of the work.
§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.
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 April 19, 2004.
TRD-200402591
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 30, 2004
For further information, please call: (512) 463-7348
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Subchapter B. OPERATIONS OF RACETRACKS
1.
GENERAL PROVISIONS
16 TAC §309.105
The Texas Racing Commission proposes a new rule, §309.105,
relating to reimbursement of Breeders' Cup Costs. The proposed new rule sets
out the process by which a host racing association for the Breeders' Cup may
receive reimbursement for certain costs authorized by the Texas Racing Act, §6.094.
Paula C. Flowerday, Executive Secretary for the Texas Racing Commission,
has determined that for the first five-year period the new rule is in effect
there will be positive fiscal implications for local government. The funds
reimbursed to the host racetrack will provide new opportunities for job development,
result in an increase tourism, and allow capital improvements. Ms. Flowerday
has also determined that during the first five year period the new rule is
in effect, there will be fiscal implications for state. Because the money
used to reimburse the Breeders' Cup costs under the Texas Racing Act, §6.094
is money that would otherwise go to the state treasury, the loss to the general
revenue fund could be as much as $2 million. However, under the Appropriations
Act of the 78th Legislature, Regular Session, Page VIII-66, Rider No. 7, reimbursement
of Breeders' Cup costs is contingent on certification that an off-setting
amount of economic benefit to the state will be generated from the hosting
of the Breeders' Cup event, through increased sales tax and tourism. Therefore,
the net fiscal implications to the state are zero.
Ms. Flowerday has also determined that for each of the first five years
the new rule is in effect the anticipated public benefit will be to foster
further development of the horse racing industry in Texas and provide incentives
for job development in the horse racing industry and economic development
in the host racetrack's local community. There are no fiscal implications
for other licensed racetracks. There is no economic cost to an individual
required to comply with the proposal. The proposal has a positive effect on
the state's agricultural, horse breeding and horse training industries. The
proposal has no effect on the state's greyhound breeding, or greyhound training
industries.
Written comments must be submitted within 30 days after publication of
the proposed new rule in the
Texas Register
to
Nicole Galwardi, General Counsel for the Texas Racing Commission, P.O. Box
12080, Austin, Texas 78711-2080, fax (512) 833-6907.
The new rule is proposed under the Texas Civil Statutes, Article
179e, §3.02 which authorizes the Commission to make rules relating exclusively
to horse and greyhound racing; and §6.094 which authorizes the Commission
to make rules to audit or verify Breeders' Cup costs and amounts paid or set
aside by political subdivisions and developmental organizations and for the
disbursement of funds from the Breeders' Cup Developmental Account.
The proposed new rule implements Texas Civil Statutes, Article 179e.
§309.105.Reimbursement of Breeders' Cup Costs.
(a)
Request for Reimbursement.
(1)
Pursuant to the Act, §6.094, not later than January
31 of the year following the year in which an association hosts the Breeders'
Cup races, the association may submit to the Commission a report seeking reimbursement
for associated Breeders' Cup costs on a form approved by the Commission. Multiple
requests for reimbursement may be submitted by the association to the Commission,
but each request must be for separate costs.
(2)
The report must include:
(A)
the total amount of Breeders' Cup costs incurred and paid
by the association for which reimbursement is requested;
(B)
the total payments made by political subdivisions and development
organizations to the association;
(C)
invoices, receipts, or other documentation verifying the
expenditures;
(D)
documentation verifying the necessity of the expenditures
as either capitol improvements or extraordinary expenses reasonably incurred
for the operation of the Breeders' Cup races;
(E)
an ongoing total of payments received by the association
from the Commission paid from the Breeders' Cup Developmental Account; and
(F)
any other information requested by the Executive Secretary.
(b)
Payment. On determining that the requested reimbursement
is verified and authorized in accordance with the Act, the Executive Secretary
shall process payment to the association from the Breeders' Cup Developmental
Account. Concurrent with payment, the executive secretary shall certify to
the comptroller the aggregate amount actually paid for Breeders' Cup costs
by political subdivisions and development organizations.
(c)
Administration and Audit of Reimbursements.
(1)
The executive secretary may at any time inspect, review,
or audit any transaction or documentation relating to a reimbursement paid
to an association under this section, including amounts paid or set aside
by political subdivisions and development organizations with regards to the
Breeders' Cup. The executive secretary may ask for additional documentation
to support any reimbursement requested.
(2)
An association shall maintain all supporting documentation
and records involving requests and payment from the Breeders' Cup Developmental
Account for a period of four years from the date of payment or denial of payment.
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 April 19, 2004.
TRD-200402576
Nicole Galwardi
General Counsel
Texas Racing Commission
Earliest possible date of adoption: May 30, 2004
For further information, please call: (512) 490-4009
4.
OPERATIONS
a
] document is deemed to
have been filed with the department on the date that the document has been
received by the department or, if the document has been mailed to the department,
the date a postmark is applied to the document by the U.S. Postal Service.
Part 8.
TEXAS RACING COMMISSION
Subchapter C. HORSE RACETRACKS