CHAPTER 1305. ELECTRICIANS - Texas Statutes

OCCUPATIONS CODE

TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES

CHAPTER 1305. ELECTRICIANS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1305.001. SHORT TITLE. This chapter may be cited as the

Texas Electrical Safety and Licensing Act.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.002. DEFINITIONS. In this chapter:

(1) "Advisory board" means the Electrical Safety and Licensing

Advisory Board.

(1-a) "Agricultural use" means a use or activity involving

agriculture, as defined by Section 11.002, Water Code, other than

the processing of an agricultural commodity.

(1-b) "Apprenticeship training program" means an electrical

training program that is:

(A) recognized by the Texas Workforce Commission or the Texas

Higher Education Coordinating Board;

(B) registered with the United States Department of Labor; or

(C) a competency-based standardized craft training program that

meets the training program standards of the United States

Department of Labor Office of Apprenticeship.

(2) "Commission" means the Texas Commission of Licensing and

Regulation.

(3) "Department" means the Texas Department of Licensing and

Regulation.

(4) "Electrical code" means the National Electrical Code

published by the National Fire Protection Association as adopted

by the commission.

(5) "Electrical contracting" means the business of designing,

installing, erecting, repairing, or altering electrical wires or

conductors to be used for light, heat, power, or signaling

purposes. The term includes the installation or repair of ducts,

raceways, or conduits for the reception or protection of wires or

conductors and the installation or repair of any electrical

machinery, apparatus, or system used for electrical light, heat,

power, or signaling.

(6) "Electrical contractor" means a person engaged in electrical

contracting.

(7) "Electrical engineer" means a person licensed under Chapter

1001 who possesses the necessary qualifications, training, and

technical knowledge to perform electrical engineering work in

this state.

(8) "Electrical inspector" means a person certified by the

International Association of Electrical Inspectors or

International Code Council.

(9) "Electrical sign contracting" means the business of

designing, manufacturing, installing, connecting, reconnecting,

or servicing an electric sign, cold cathode, neon gas tubing, or

outline gas tubing, or altering electric sign wiring or

conductors either inside or outside of a building.

(10) "Electrical sign contractor" means a person engaged in

electrical sign contracting.

(11) "Electrical work" means any labor or material used in

installing, maintaining, or extending an electrical wiring system

and the appurtenances, apparatus, or equipment used in connection

with the use of electrical energy in, on, outside, or attached to

a building, residence, structure, property, or premises. The term

includes service entrance conductors as defined by the National

Electrical Code.

(12) "Executive director" means the executive director of the

department.

(12-a) "Residential appliance" means a pool-related electrical

device, or equipment that:

(A) is installed as a unit in a single-family or multifamily

dwelling that does not exceed four stories;

(B) is directly connected to an electrical circuit; and

(C) performs a specific function.

(12-b) "Residential appliance installation" means electrical

work that is limited to the connection or disconnection of a

residential appliance, including a pool-related electrical

device, to an existing electrical circuit other than by inserting

or removing a plug from an electrical outlet.

(12-c) "Residential appliance installation contracting" means

the business of residential appliance installation, including

pool-related electrical maintenance.

(12-d) "Residential appliance installation contractor" means a

business entity, other than an electrical contractor or

electrical sign contractor, that is engaged in residential

appliance installation contracting, including pool-related

electrical maintenance.

(12-e) "Residential appliance installer" means a person, other

than a licensed electrician, who is licensed to perform

residential appliance installation, including pool-related

electrical maintenance.

(13) "Residential wireman" means a person licensed under this

chapter who may only perform electrical installations in

single-family and multifamily dwellings not exceeding four

stories.

(14) "Pool" means an outdoor or indoor structure intended for

swimming or recreational bathing, including an inground

structure, aboveground structure, hot tub, spa, portable spa, or

non-portable wading pool.

(15) "Pool-related electrical device" means equipment for a pool

that:

(A) is installed as a unit;

(B) is directly connected to an electrical circuit; and

(C) performs a specific function.

(16) "Pool-related electrical maintenance" means electrical work

that is limited to the connection or disconnection of a

pool-related electrical device to an existing electrical circuit

other than by inserting or removing a plug from an electrical

outlet.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1052, Sec. 1, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch.

418, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

416, Sec. 1, eff. March 1, 2010.

Acts 2009, 81st Leg., R.S., Ch.

741, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1392, Sec. 1, eff. March 1, 2010.

Sec. 1305.003. EXEMPTIONS; APPLICATION OF CHAPTER. (a) This

chapter does not apply to:

(1) the installation of electrical equipment in a ship,

watercraft other than a floating building, railway rolling stock,

aircraft, motor vehicle, or recreational vehicle;

(2) the installation of electrical equipment underground in a

mine and in self-propelled mobile surface mining machinery and

its attendant electrical trailing cable;

(3) the installation of electrical equipment for generation,

transformation, transmission, or distribution of power used

exclusively to operate railway rolling stock or exclusively for

signaling and communications purposes;

(4) the installation, maintenance, alteration, or repair of

communications equipment provided by a telecommunications

provider;

(5) the installation, maintenance, alteration, or repair of

electrical equipment under the exclusive control of an electric

utility, power generation company as defined by Sections

31.002(1) and (10), Utilities Code, electric cooperative, or

municipally owned utility and used for communications or

metering, or for the generation, control, transformation,

transmission, and distribution of electrical energy, and located:

(A) in a building used exclusively by a utility or power

generation company for those purposes;

(B) outdoors on property owned or leased by the utility or power

generation company;

(C) on public highways, streets, roads, or other public

rights-of-way; or

(D) outdoors by established rights in vaults or on private

property;

(6) work not specifically regulated by a municipal ordinance

that is performed in or on a dwelling by a person who owns and

resides in the dwelling;

(7) work involved in the manufacture of electrical equipment

that includes the on-site and off-site manufacturing,

commissioning, testing, calibrating, coordinating,

troubleshooting, or evaluating of electrical equipment, the

repairing or retrofitting of electrical equipment with components

of the same ampacity, and the maintenance and servicing of

electrical equipment within the equipment's enclosure that is

performed by an authorized employee or authorized representative

of an electrical equipment manufacturer and limited to the type

of products manufactured by the manufacturer;

(8) electrical work if:

(A) the work is performed by a person who does not engage in

electrical work for the public;

(B) the work is performed by a person regularly employed as a

maintenance person or maintenance electrician for a business; and

(C) the electrical work does not involve the installation of

electrical equipment during new construction as defined by rules

adopted under Chapter 151, Tax Code;

(9) the installation, maintenance, alteration, or repair of

electrical equipment or associated wiring under the exclusive

control of a gas utility and used for communications or metering

or for the control, transmission, or distribution of natural gas;

(10) thoroughfare lighting, traffic signals, intelligent

transportation systems, and telecommunications controlled by a

governmental entity;

(11) electrical connections supplying heating, ventilation, and

cooling and refrigeration equipment, including any required

disconnect exclusively for the equipment, if the service is

performed by a licensed air conditioning and refrigeration

contractor under Chapter 1302;

(12) the design, installation, erection, repair, or alteration

of Class 1, Class 2, or Class 3 remote control, signaling, or

power-limited circuits, fire alarm circuits, optical fiber

cables, or communications circuits, including raceways, as

defined by the National Electrical Code;

(13) landscape irrigation installers, as necessary to perform

the installation and maintenance of irrigation control systems,

and landscapers, as necessary to perform the installation and

maintenance of low-voltage exterior lighting and holiday lighting

excluding any required power source;

(14) electrical work performed at a business that operates:

(A) a chemical plant, petrochemical plant, refinery, natural gas

plant, natural gas treating plant, pipeline, or oil and gas

exploration and production operation by a person who works solely

for and is employed by that business; or

(B) a chemical plant, petrochemical plant, refinery, natural gas

plant, or natural gas treatment plant by a person who under a

contract of at least 12 months' duration performs electrical work

for that plant and:

(i) the electrical work is not performed during new construction

as defined by rules adopted under Chapter 151, Tax Code; or

(ii) the person is not working for a contractor that has a

principal place of business in another state or territory of the

United States or a foreign country;

(15) the installation, maintenance, alteration, or repair of

elevators, escalators, or related equipment, excluding any

required power source, regulated under Chapter 754, Health and

Safety Code;

(16) the installation, maintenance, alteration, or repair of

equipment or network facilities provided or utilized by a cable

operator, as that term is defined by 47 U.S.C. Section 522, as

amended;

(17) the location, design, construction, extension, maintenance,

and installation of on-site sewage disposal systems in accordance

with Chapter 366, Health and Safety Code, or an on-site sewage

facility installer licensed under Chapter 37, Water Code;

(18) electrical work performed on a building, structure, or

equipment in agricultural use as defined by Section 11.002, Water

Code, other than the processing of an agricultural commodity;

(19) the installation, maintenance, alteration, or repair of

well pumps and equipment in accordance with Chapter 1902;

(20) electrical work required for the construction and assembly

of HUD-code manufactured housing or modular housing and building

units, other than the installation of service entrance

conductors, that is performed by a licensed manufacturer or

installer under Chapter 1201 or 1202, as applicable, if work

performed is within the scope of the license as defined by

applicable statutes and administrative rules;

(21) work performed by a plumber who holds a license or

endorsement or is registered under Chapter 1301 that is necessary

to install, service, maintain, repair, or replace any type of

plumbing fixture or appliance, as described by Section

1301.002(7), including a water heater, food disposer, garbage

disposal, water softener, dishwashing machine, and clothes

washing machine on existing electrical circuits only;

(22) the maintenance or repair of a residential appliance by a

residential appliance dealer or manufacturer or a person

authorized by a residential appliance dealer or manufacturer

using only components of the same type and ampacity as the

original components; and

(23) the maintenance, alteration, or repair of a pool-related

electrical device by, or pool-related electrical maintenance

performed by, an employee of a municipality on a pool owned or

operated by the municipality.

(b) This chapter applies to all premises wiring that originates

where an electric utility's facilities end and a nonutility

customer's electric facilities begin, except as permitted by

Section 161.123(2)(A), Utilities Code.

(c) This chapter applies to an installation in a building used

by a utility for purposes other than a purpose listed in this

section, including an office building, warehouse, garage, machine

shop, or recreational building that is not an integral part of a

generating plant, substation, or control center.

(d) This chapter does not require a political subdivision of

this state, including a school district or a municipality, to

hold an electrical contractor license or an electrical sign

contractor license under this chapter to be authorized to employ

a person to perform electrical work for the political

subdivision.

(e) Subsection (d) does not exempt an employee of a political

subdivision from the requirement of holding the appropriate

license under this chapter to perform electrical work.

(f) For purposes of Subsection (a)(21), any installation or

replacement of a plumbing fixture or appliance must meet the

requirements of existing electrical circuits.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

794, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1052, Sec. 2, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch.

418, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

649, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 17.002, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

416, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1392, Sec. 2, eff. September 1, 2009.

Sec. 1305.004. NONAPPLICABILITY OF LAW GOVERNING CANCELLATION OF

CERTAIN TRANSACTIONS. Except as otherwise provided by this

section, Chapter 601, Business & Commerce Code, does not

apply to a good or service provided by a license holder under

this chapter if the transaction involving the good or service is

initiated by the consumer. Chapter 601, Business & Commerce

Code, does apply to a transaction that involves a breach of

express warranty or a negligent installation in violation of a

building code applicable to the good or service sold to the

consumer.

Added by Acts 2009, 81st Leg., R.S., Ch.

937, Sec. 3, eff. June 19, 2009.

SUBCHAPTER B. ADVISORY BOARD

Sec. 1305.051. ELECTRICAL SAFETY AND LICENSING ADVISORY BOARD.

(a) The advisory board consists of nine members appointed by the

presiding officer of the commission with the approval of the

commission as follows:

(1) three master electrician members;

(2) three journeyman electrician members; and

(3) three public members.

(b) The advisory board members must include:

(1) two members who are affiliated with a statewide association

of electrical contractors not affiliated with a labor

organization;

(2) three members who are affiliated with a labor organization;

(3) one member who is not affiliated with a statewide

association of electrical contractors or with a labor

organization; and

(4) one member who is affiliated with a historically

underutilized business, as that term is defined by Section

2161.001, Government Code.

(c) A licensed electrical engineer or an electrical inspector

may be appointed as a public member of the advisory board.

(d) An appointment to the advisory board shall be made without

regard to the race, color, disability, sex, religion, age, or

national origin of the appointee.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.052. TERMS; VACANCIES. (a) Advisory board members

serve terms of six years, with the terms of three members

expiring on February 1 of each odd-numbered year.

(b) A member may not consecutively serve more than two full

terms.

(c) If a vacancy occurs during a term, the presiding officer of

the commission shall appoint a replacement who meets the

qualifications of the vacated position to serve for the remainder

of the term.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.053. PRESIDING OFFICER. The presiding officer of the

commission shall appoint one of the advisory board members to

serve as presiding officer of the advisory board for a term of

one year. The presiding officer of the advisory board may vote on

any matter before the advisory board.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.054. COMPENSATION; REIMBURSEMENT OF EXPENSES.

Advisory board members may not receive compensation but are

entitled to reimbursement for actual and necessary expenses

incurred in performing the functions of the advisory board,

subject to the General Appropriations Act.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.055. MEETINGS. The advisory board shall meet twice

annually and may meet at other times at the call of the presiding

officer of the commission.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 1305.101. GENERAL POWERS AND DUTIES. (a) The executive

director or commission, as appropriate, shall:

(1) by rule establish the financial responsibility requirements

for electrical contractors; and

(2) after publication of the National Electrical Code by the

National Fire Protection Association every three years, adopt the

revised National Electrical Code as the electrical code for the

state.

(b) The executive director or commissioner, as appropriate, may:

(1) establish reciprocity agreements with other states that have

licensing requirements substantially equivalent to the

requirements of this chapter; and

(2) take other action as necessary to administer and enforce

this chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.102. RULES. (a) The executive director shall adopt

rules for the licensing of electricians, sign electricians,

electrical sign contractors, electrical contractors, residential

appliance installers, and residential appliance installation

contractors as prescribed by this chapter.

(b) The executive director by rule shall prescribe descriptions

of the types of activities that may be performed by each class of

license holder under this chapter.

(c) The executive director by rule shall adopt standards of

conduct requirements for license holders under this chapter.

(d) The commission may adopt rules regarding the registration of

apprenticeship training programs and to require registered

programs to report the names of persons enrolled in the programs.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

418, Sec. 3, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

741, Sec. 2, eff. September 1, 2009.

Sec. 1305.103. FEES. The commission shall establish and collect

reasonable and necessary fees in amounts sufficient to cover the

costs of administering this chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.104. POWERS AND DUTIES OF ADVISORY BOARD. The

advisory board shall provide advice and recommendations to the

department on technical matters relevant to the administration

and enforcement of this chapter, including examination content,

licensing standards, electrical code requirements, and continuing

education requirements.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.105. PERSONNEL. The department may employ personnel

necessary to administer and enforce this chapter. The department

shall employ an electrical occupations and code specialist to

oversee the electrical licensing and safety program.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

SUBCHAPTER D. LICENSE REQUIREMENTS

Sec. 1305.151. LICENSE REQUIRED. Except as provided by Section

1305.003, a person or business may not perform or offer to

perform electrical work or residential appliance installation

unless the person or business holds an appropriate license issued

or recognized under this chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2004.

Amended by:

Acts 2005, 79th Leg., Ch.

1052, Sec. 3, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch.

418, Sec. 4, eff. March 1, 2008.

Sec. 1305.152. APPLICATION REQUIREMENTS. (a) An applicant for

a license under this chapter must:

(1) submit to the department a completed application on a form

prescribed by the executive director;

(2) submit to the department any other information required by

executive director rule;

(3) demonstrate to the satisfaction of the executive director

the appropriate amount of electrical work experience as required

by this subchapter;

(4) demonstrate the applicant's honesty, trustworthiness, and

integrity; and

(5) pay the application and examination fees.

(b) The executive director shall adopt rules to establish a

process by which the department shall evaluate the experience

required of applicants for a license under this chapter.

(c) The department may conduct an examination of any criminal

conviction of an applicant, including obtaining any criminal

history record information permitted by law.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.153. MASTER ELECTRICIAN. (a) An applicant for a

license as a master electrician must:

(1) have at least 12,000 hours of on-the-job training under the

supervision of a master electrician;

(2) have held a journeyman electrician license for at least two

years; and

(3) pass a master electrician examination administered under

this chapter.

(b) A master electrician may:

(1) perform all electrical work, including electrical work

performed by a master sign electrician;

(2) supervise an electrician;

(3) verify compliance with on-the-job training requirements for

issuance of a master electrician license, master sign electrician

license, journeyman electrician license, or journeyman sign

electrician license; and

(4) serve as master of record for an electrical sign contractor.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1052, Sec. 4, eff. June 18, 2005.

Sec. 1305.154. MASTER SIGN ELECTRICIAN. An applicant for a

license as a master sign electrician must:

(1) have at least 12,000 hours of on-the-job training under the

supervision of a master sign electrician; and

(2) pass a master sign electrician examination administered

under this chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.155. JOURNEYMAN ELECTRICIAN. An applicant for a

license as a journeyman electrician must:

(1) have at least 8,000 hours of on-the-job training under the

supervision of a master electrician; and

(2) pass a journeyman electrician examination administered under

this chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.156. JOURNEYMAN SIGN ELECTRICIAN. An applicant for a

license as a journeyman sign electrician must:

(1) have at least 8,000 hours of on-the-job training under the

supervision of a master sign electrician; and

(2) pass a journeyman sign electrician examination administered

under this chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.157. RESIDENTIAL WIREMAN. An applicant for a license

as a residential wireman must:

(1) have at least 4,000 hours of on-the-job training under the

supervision of a master electrician or residential wireman; and

(2) pass a residential wireman examination administered under

this chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.158. MAINTENANCE ELECTRICIAN. An applicant for a

license as a maintenance electrician must:

(1) have at least 8,000 hours of on-the-job training under the

supervision of a master electrician or maintenance electrician;

and

(2) pass a maintenance electrician examination administered

under this chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.159. ELECTRICAL CONTRACTOR. (a) An applicant for a

license as an electrical contractor must:

(1) be licensed under this chapter as a master electrician or

employ a person licensed under this chapter as a master

electrician;

(2) establish proof of financial responsibility in the manner

prescribed by the executive director; and

(3) maintain workers' compensation coverage for the contractor's

employees through an insurance company authorized to engage in

the business of insurance in this state or through

self-insurance, or elect not to obtain workers' compensation

coverage, as provided by Subchapter A, Chapter 406, Labor Code.

(b) A person who holds a master electrician license issued or

recognized under this chapter may only be assigned to a single

electrical contractor, unless the master electrician owns more

than 50 percent of the electrical contracting business.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.160. ELECTRICAL SIGN CONTRACTOR. (a) An applicant

for a license as an electrical sign contractor must:

(1) be licensed under this chapter as a master sign electrician

or employ a person licensed under this chapter as a master sign

electrician;

(2) establish proof of financial responsibility in the manner

prescribed by the executive director; and

(3) maintain workers' compensation coverage for the contractor's

employees through an insurance company authorized to engage in

the business of insurance in this state or through

self-insurance, or elect not to obtain workers' compensation

coverage, as provided by Subchapter A, Chapter 406, Labor Code.

(b) A person who holds a master sign electrician license issued

or recognized under this chapter may only be assigned to a single

electrical sign contractor, unless the master sign electrician

owns more than 50 percent of the electrical sign contracting

business.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1052, Sec. 5, eff. June 18, 2005.

Sec. 1305.161. APPRENTICE; TEMPORARY APPRENTICE. (a) Except as

provided by Subsection (b), an applicant for a license as an

electrical apprentice must be at least 16 years of age and be

engaged in the process of learning and assisting in the

installation of electrical work under the supervision of a

licensed master electrician.

(b) An applicant for a license as an electrical sign apprentice

must be at least 18 years of age and be engaged in the process of

learning and assisting in the performance of electrical sign work

under the supervision of a licensed master sign electrician.

(c) On the request of an applicant for an apprentice license,

the executive director shall issue a temporary apprentice license

that expires on the 21st day after the date of issuance to an

applicant who meets the qualifications established by the

executive director.

(d) The commission by rule shall set the fee, establish the

qualifications, and provide for the issuance of a temporary

apprentice license under this section.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1052, Sec. 6, eff. June 18, 2005.

Sec. 1305.1615. EMERGENCY ELECTRICIAN LICENSE. (a) The

commission by rule shall establish criteria and procedures for

the issuance of an emergency electrician license following a

disaster, as that term is defined by Section 418.004, Government

Code, to a person licensed as an electrician in another state of

the United States.

(b) An emergency license issued under this section expires on

the 90th day after the date of issuance.

(c) The commission, with the advice of the advisory board, may

adopt rules that provide for the extension of an emergency

license issued under this section.

Added by Acts 2005, 79th Leg., Ch.

1052, Sec. 7, eff. June 18, 2005.

Sec. 1305.1617. RESIDENTIAL APPLIANCE INSTALLER. An applicant

for a license as a residential appliance installer must pass a

residential appliance installer examination administered under

this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

418, Sec. 5, eff. September 1, 2007.

Sec. 1305.1618. RESIDENTIAL APPLIANCE INSTALLATION CONTRACTOR.

(a) An applicant for a license as a residential appliance

installation contractor must:

(1) be licensed under this chapter as a residential appliance

installer or employ a person licensed under this chapter as a

residential appliance installer;

(2) establish proof of financial responsibility in the manner

prescribed by the executive director; and

(3) maintain workers' compensation coverage for the contractor's

employees through an insurance company authorized to engage in

the business of insurance in this state or through

self-insurance, or elect not to obtain workers' compensation

coverage, as provided by Subchapter A, Chapter 406, Labor Code.

(b) A person who holds a residential appliance installer's

license issued or recognized under this chapter may only be

assigned to a single residential appliance installation

contractor, unless the residential appliance installer owns more

than 50 percent of the residential appliance installation

contracting business.

Added by Acts 2007, 80th Leg., R.S., Ch.

418, Sec. 5, eff. September 1, 2007.

Sec. 1305.162. EXAMINATIONS. (a) Examinations required by this

subchapter shall be conducted throughout the state.

(b) The department shall accept, develop, or contract for the

examinations required by this chapter, including the

administration of the examinations. Each examination must test

the knowledge of the applicant about materials and methods used

in electrical installations related to the activities that may be

performed within each class of license under this chapter and the

standards prescribed by the National Electrical Code as adopted

by the executive director.

(c) The executive director shall determine uniform standards for

acceptable performance on an examination.

(d) In addition to the other requirements of this section, the

department shall accept, develop, or contract for a residential

appliance installer examination that tests an applicant's

knowledge of the materials and methods used in the installation

of residential appliances and pool-related devices under this

chapter and the National Electrical Code standards as adopted by

the executive director.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

416, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1392, Sec. 3, eff. September 1, 2009.

Sec. 1305.163. EXAMINATION RESULTS. (a) Not later than the

30th day after the date on which an examination is administered

under this chapter, the department shall notify each examinee of

the results of the examination. If an examination is graded or

reviewed by a national testing service, the department shall

notify examinees of the result of the examination not later than

the 14th day after the date on which the department receives the

results from the testing service.

(b) If the notice of the examination results will be delayed for

more than 60 days after the examination date, the department

shall notify each examinee of the reason for the delay before the

60th day.

(c) If requested in writing by a person who fails an examination

administered under this chapter, the department shall provide to

the person an analysis of the person's performance on the

examination.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.164. NONRESIDENT LICENSE APPLICANT. The executive

director may issue a license under this chapter to an applicant

who holds a license in another state and who submits a proper

application and pays the required fees if the executive director

determines that the applicant is licensed in a state with which

there is an agreement to recognize licenses issued under this

chapter.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.165. LICENSE ISSUANCE; NONTRANSFERABILITY. (a) Not

later than the 30th day after the date on which the department

determines that an applicant has passed the examination required

under this chapter, the executive director shall issue a license

to the applicant if the applicant has complied with the

application requirements and paid the fees required by this

chapter.

(b) A license issued by the executive director is valid

throughout this state and is not transferable.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.166. DISPLAY OF LICENSE. (a) An electrical

contractor, electrical sign contractor, and residential appliance

installation contractor shall display the contractor's business

name and the number of the license issued by the executive

director on each vehicle owned by the contractor.

(b) The information required to be displayed must be:

(1) printed in letters and numbers that are at least two inches

high and in a color that contrasts with the color of the

background surface; and

(2) permanently affixed in conspicuous places on both sides of

the vehicle.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

418, Sec. 6, eff. September 1, 2007.

Sec. 1305.167. LICENSE RENEWAL. (a) Except as provided by

Subsection (b), a license expires annually on December 31 and may

be renewed annually on payment of the required renewal fee.

(b) The executive director by rule may adopt a system under

which licenses expire on various dates during the year. For the

year in which the license expiration date is changed, renewal

fees payable on or before December 31 shall be prorated on a

monthly basis so that each license holder pays only that portion

of the renewal fee that is applicable to the number of months

during which the license is valid. On renewal of the license on

the new expiration date, the total renewal fee is due.

(c) Not later than the 30th day preceding the expiration date of

a person's license, the department shall notify the person in

writing, at the person's last known mailing address, of the

impending license expiration. A person may renew an unexpired

license by paying to the department, before the license

expiration date, the required renewal fee.

(d) Repealed by Acts 2005, 79th Leg., Ch. 1052, Sec. 11, eff.

June 18, 2005.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1052, Sec. 11, eff. June 18, 2005.

Sec. 1305.168. CONTINUING EDUCATION. (a) To renew a master

electrician, journeyman electrician, master sign electrician,

journeyman sign electrician, maintenance electrician, or

residential wireman license, the license holder must complete

four hours of continuing education annually.

(b) Continuing education courses that satisfy the requirements

of Subsection (a) must address safety, the National Electrical

Code, as adopted under Section 1305.101, and state laws and rules

that regulate the conduct of license holders under this chapter.

(b-1) To renew an electrical apprentice license, a license

holder who is not enrolled in an apprenticeship training program

must complete four hours of continuing education annually.

Continuing education courses that satisfy the requirements of

this subsection must address safety, the National Electrical

Code, as adopted under Section 1305.101, and state laws and rules

that regulate the conduct of license holders under this chapter.

(c) The executive director by rule shall approve continuing

education courses, online continuing education courses, course

content, and course providers. The commission may adopt a fee

for the administration of the department's duties regarding

continuing education.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1052, Sec. 8, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch.

741, Sec. 3, eff. September 1, 2009.

SUBCHAPTER E. REGULATION OF ELECTRICIANS BY LOCAL GOVERNMENTS

Sec. 1305.201. MUNICIPAL OR REGIONAL REGULATION. (a) This

chapter does not prohibit a municipality or region from

regulating electricians or residential appliance installers by:

(1) enacting an ordinance requiring inspections;

(2) offering examinations;

(3) issuing municipal or regional licenses; or

(4) collecting permit fees for municipal or regional licenses

and examinations from electricians and appliance installers for

work performed in the municipality or region.

(b) A municipality or region may not require a person to take a

municipal or regional examination if that person holds the

appropriate license issued under this chapter and is working

within the scope of that license.

(c) A municipality may adopt procedures for the:

(1) adoption of local amendments to the National Electrical

Code; and

(2) administration and enforcement of that code.

(d) Electrical work performed within the corporate limits of a

municipality must be installed in accordance with all applicable

local ordinances.

(e) Electrical work performed in an unincorporated area of the

state must be installed in accordance with standards at least as

stringent as the requirements of the state electrical code as

adopted under Section 1305.101.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

418, Sec. 7, eff. September 1, 2007.

Sec. 1305.202. SCOPE OF MUNICIPAL OR REGIONAL LICENSE. (a) A

license to perform electrical work issued by a municipality or

region is valid only in the municipality or region or in another

municipality or region under a reciprocal agreement.

(b) A person who holds a license to perform electrical work or

electrical sign work issued by a municipality or region that

elects to discontinue issuing or renewing licenses may apply for

an equivalent license under this chapter without complying with

the applicable examination requirement if the person:

(1) held the municipal or regional license for the preceding

year; and

(2) submits an application for a license under this chapter

within 90 days of the date the municipality or region stops

issuing or renewing licenses.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1052, Sec. 9, eff. June 18, 2005.

SUBCHAPTER F. LICENSE DENIAL AND DISCIPLINARY ACTIONS

Sec. 1305.251. GROUNDS FOR DENIAL OR DISCIPLINARY ACTION. A

person is subject to denial of a license application or

disciplinary action under Section 51.353 if the person violates:

(1) this chapter or a rule adopted under this chapter; or

(2) a rule or order of the executive director or commission.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.252. REQUESTED SUSPENSION BY LOCAL GOVERNMENT. A

municipality or region may request suspension for just cause of

the license under this chapter of a license holder working in its

jurisdiction.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.253. HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If the

department proposes to deny a license or take disciplinary action

against a license holder, the license holder is entitled to a

hearing.

(b) The proceedings relating to a license denial and

disciplinary action by the department under this chapter are

governed by Chapter 2001, Government Code. A hearing under this

chapter may be conducted by a hearings officer designated by the

commission.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.254. NEW APPLICATION BY HOLDER OF REVOKED LICENSE. A

license holder whose license has been revoked may apply for a new

license after the first anniversary of the date of the

revocation.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

SUBCHAPTER G. ENFORCEMENT

Sec. 1305.301. ADMINISTRATIVE PENALTY. (a) The executive

director may impose an administrative penalty on a person under

Subchapter F, Chapter 51, regardless of whether the person holds

a license under this chapter, if the person violates:

(1) this chapter or a rule adopted under this chapter; or

(2) a rule or order of the executive director or commission.

(b) An administrative penalty may not be imposed unless the

person charged with a violation is provided the opportunity for a

hearing.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.302. CEASE AND DESIST ORDER; INJUNCTION; CIVIL

PENALTY. (a) The executive director may issue a cease and

desist order as necessary to enforce this chapter if the

executive director determines that the action is necessary to

prevent a violation of this chapter and to protect public health

and safety.

(b) The attorney general or executive director may institute an

action for an injunction or a civil penalty under this chapter as

provided by Section 51.352.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2003.

Sec. 1305.303. CRIMINAL PENALTY.

(a) A person subject to this chapter commits an offense if the

person:

(1) violates the licensing requirements of this chapter;

(2) performs electrical work without a license to perform

electrical work in this state;

(3) employs an individual who does not hold the appropriate

license required by this chapter; or

(4) falsifies a certification of on-the-job training.

(b) An offense under this section is a Class C misdemeanor.

Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1,

2004.