TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

The Texas Department of Licensing and Regulation ("Department") proposes a new rule at 16 Texas Administrative Code, §73.26 concerning documentation of required on-the-job-training as it relates to the electricians program.

Licensing requirements of House Bill 1487 adopted by the 78th Legislature took effect September 1, 2004, however, qualified individuals who have worked in the electrical trade as employees and as owners of small businesses serving areas where no municipal or regional licenses were required before September 1, 2004 are negatively affected in not being able to earn a livelihood or practice their trade. A strict reading of the statute requires persons applying for a license to have been supervised by a master electrician for specified periods of time depending on the license sought. The rule will interpret the terms "master electrician" and "master sign electrician" when used, to define the status of the supervising person to mean either a licensed master or an individual who during the period of supervision performed duties at a level equivalent to a master.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the new rule is in effect there will be no cost to state or local government as a result of enforcing or administering the new rule.

Mr. Kuntz also has determined that for each year of the first five-year period the new rule is in effect, the public benefit will be a clearer meaning of a supervising person who may document required on-the-job training for persons applying for a license.

There will be no effect on small or micro-businesses as a result of the proposed new rule. There are no anticipated economic costs to persons who are required to comply with the proposed new rule.

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 new rule is proposed under Texas Occupations Code, Chapter 1305 which establishes a program to regulate electricians and 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.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 1305 and Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the proposal.

§73.26.Documentation of Required On-The-Job Training.

(a) Individual applicants for electrical licenses and electrical sign licenses may establish required on-the-job training under a master electrician or a master sign electrician by showing that the applicant has been supervised for the requisite period by one or more persons who meet any one of the following:

(1) licensure by any jurisdiction as a master electrician, or master sign electrician as appropriate; or,

(2) a person not licensed as an electrician, who during the period of supervision of the applicant, had experience working in a position having overall responsibility for electrical work, or electrical sign work, as appropriate, that is acceptable in the trade for a business that performed such work in an area where no municipal or regional electrical license, or electrical sign license, was required.

(b) Proof of a non-licensed supervising person's experience may be established by providing on a form acceptable to the department:

(1) a verified statement from the owner or manager of a business described in subsection (a)(2) of this section, that the supervising person during the period the person supervised electrical work performed by the applicant, had overall responsibility for electrical work, or electrical sign work, as appropriate, performed by the business;

(2) a verified statement by the supervising person that he or she was the owner of a business described in subsection (a)(2) of this section with overall responsibility for work performed by the business, and that he or she supervised the applicant in the performance of electrical work or electrical sign work, as appropriate, during the period of employment reported; or,

(3) when statements described in paragraph (1) and (2) of this subsection are not available;

(A) the applicant's verified statement setting out the period of employment, the nature of relevant work provided by the business, the nature of work performed by the applicant, the name and title of supervising persons, that the supervising persons had overall responsibility for electrical work, or electric sign work, as appropriate, and an explanation why a statement under either paragraph (1) or (2) of this subsection is not available; and,

(B) documentation showing applicant's relationship to the business for the relevant period, such as:

(i) payroll records;

(ii) applicant's personal tax records; or,

(iii) other records acceptable to the department.

(c) When the applicant has been supervised by a non-licensed person, the existence of the business described in subsection (a)(2) of this section must be established by providing documentation for the relevant period, such as:

(1) invoices showing work performed;

(2) tax records of the business;

(3) approval of electrical work, or electrical sign work, as appropriate, by officials from jurisdictions having authority over the work, but where no license was required;

(4) yellow page and newspaper advertisements (must include date); or

(5) other records acceptable to the department.

(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.

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 September 20, 2004.

TRD-200405791

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: October 31, 2004

For further information, please call: (512) 463-7348

16 TAC §73.51, §73.52

The Texas Department of Licensing and Regulation ("Department") proposes amendments to existing rules at 16 Texas Administrative Code, §73.51 and §73.52 regarding the electricians program.

Subsection (c) is added to each rule to require licensees to include on contracts, proposals, and invoices a statement that the department regulates the business and contact information.

The amendments are necessary to comply with the requirement of Texas Occupations Code, §51.252(a), which requires the Executive Director to establish methods by which consumers and service recipients are notified of complaint filing information.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no cost to state or local government as a result of enforcing or administering the amendments.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be that the requirements of Texas Occupations Code, §51.252 will be met and users of electrical contractor and electrical sign contractor services will have information concerning the filing of complaints.

There may be some costs to micro-businesses and small businesses to comply with the rule amendments, as electrical contractors and electrical sign contractors will need to add information to forms. The amount, though small, will depend on the method used by the contractor to provide the required information. It may be handwritten, stamped, or pre-printed on forms.

The amendments are proposed under Texas Occupations Code, Chapter 1305 and 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 provides that the department shall require the notice provided for.

§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) The electrical contractor’s name, address, phone number, and license number shall appear on all proposals, invoices, and contracts. The following information: "Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints" shall be listed on invoices and written contracts.

§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) The electrical sign contractor’s name, address, phone number, and license number shall appear on all proposals, invoices, and contracts. The following information: "Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints" shall be listed on invoices and written contracts.

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 September 20, 2004.

TRD-200405792

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: October 31, 2004

For further information, please call: (512) 463-7348