TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 73. ELECTRICIANS

16 TAC §73.100

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §73.100 concerning technical requirements in the electricians licensing program.

The proposed rule amendment will adopt the 2005 version of the National Electrical Code. This rule is necessary to comply with the provisions of Occupations Code, §1305.101(a)(2) which requires the Commission to adopt the new version of the code as it is revised every three years.

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

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be that the most recent Code is adopted.

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

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 amendment is proposed 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 proposal are those set forth in Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the proposal.

§73.100.Technical Requirements.

Effective July 1, 2005 [ September 1, 2004 ] the Department adopts the National Electrical Code, 2005 [ 2002 ] Edition as it existed August 5, 2004 [ 2, 2001 ] as adopted by the National Fire Protection Association, Inc.

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 March 21, 2005.

TRD-200501225

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: May 1, 2005

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