81R8548 BEF-F
By: Hamilton H.B. No. 1973
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of pool-related electrical
maintenance technicians and pool-related electrical maintenance
contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1305.002, Occupations Code, is amended
by adding Subdivisions (14), (15), (16), (17), (18), and (19) to
read as follows:
(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
system; 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
system other than by inserting or removing a plug from an electrical
outlet.
(17) "Pool-related electrical maintenance
contracting" means the business of pool-related electrical
maintenance.
(18) "Pool-related electrical maintenance contractor"
means a business entity, other than an electrical contractor or
electrical sign contractor, that is engaged in pool-related
electrical maintenance contracting.
(19) "Pool-related electrical maintenance technician"
means a person, other than a licensed electrician, who is licensed
to perform pool-related electrical maintenance.
SECTION 2. Section 1305.003(a), Occupations Code, as
amended by Chapters 418 (S.B. 1222) and 649 (H.B. 1029), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
(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; [and]
(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) [. (21)] 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 a pool-related electrical device
dealer or manufacturer or a person authorized by a dealer or
manufacturer using only components of the same type and ampacity as
the original components.
SECTION 3. Section 1305.102(a), Occupations Code, is
amended to read as follows:
(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,
pool-related electrical maintenance contractors, and pool-related
electrical maintenance technicians as prescribed by this chapter.
SECTION 4. Section 1305.151, Occupations Code, is amended
to read as follows:
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,
or pool-related electrical maintenance unless the person or
business holds an appropriate license issued or recognized under
this chapter.
SECTION 5. Subchapter D, Chapter 1305, Occupations Code, is
amended by adding Sections 1305.1611 and 1305.1612 to read as
follows:
Sec. 1305.1611. POOL-RELATED ELECTRICAL MAINTENANCE
TECHNICIAN. An applicant for a license as a pool-related electrical
maintenance technician must pass a pool-related electrical
maintenance technician examination administered under this
chapter.
Sec. 1305.1612. POOL-RELATED ELECTRICAL MAINTENANCE
CONTRACTOR. An applicant for a license as a pool-related
electrical maintenance contractor must:
(1) be licensed under this chapter as a pool-related
electrical maintenance technician or employ a person licensed under
this chapter as a pool-related electrical maintenance technician;
(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.
SECTION 6. Section 1305.166(a), Occupations Code, is
amended to read as follows:
(a) An electrical contractor, electrical sign contractor,
[and] residential appliance installation contractor, and
pool-related electrical maintenance 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.
SECTION 7. Section 1305.201(a), Occupations Code, is
amended to read as follows:
(a) This chapter does not prohibit a municipality or region
from regulating electricians, [or] residential appliance
installers, or pool-related electrical maintenance technicians 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, and pool-related electrical maintenance technicians
for work performed in the municipality or region.
SECTION 8. (a) The Texas Department of Licensing and
Regulation shall issue a pool-related electrical maintenance
technician license without examination to a qualified applicant
under this section who:
(1) applies for a license under this section not later
than June 1, 2010;
(2) submits to the department information required by
any rules adopted under this section;
(3) meets the experience requirement in Subsection (b)
of this section; and
(4) pays the application fee.
(b) An applicant for a license under this section is
required to have completed at least 400 hours of electrical work or
pool-related electrical maintenance under the supervision of a
master electrician or an owner or supervisor of a pool-related
electrical maintenance contractor.
SECTION 9. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Section 1305.151, Occupations Code, as amended by this
Act, takes effect March 1, 2010.