Texas 2009 - 81st Regular

Texas House Bill HB3849 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10071 BEF-D
2	2	By: Hamilton H.B. No. 3849
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of limited solar electric
8	8	installers and limited solar electric contractors.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1305.002, Occupations Code, is amended
11	11	by adding Subdivisions (11-a), (11-b), and (11-c) to read as
12	12	follows:
13	13	(11-a) "Limited solar electric contractor" means a
14	14	business entity, other than an electrical contractor or electrical
15	15	sign contractor, that is engaged in the business of limited solar
16	16	electrical work.
17	17	(11-b) "Limited solar electric installer" means a
18	18	person, other than a licensed electrician, who is licensed to
19	19	perform limited solar electrical work.
20	20	(11-c) "Limited solar electrical work" means
21	21	electrical work described by Section 1305.1607.
22	22	SECTION 2. Section 1305.102(a), Occupations Code, is
23	23	amended to read as follows:
24	24	(a) The executive director shall adopt rules for the
25	25	licensing of electricians, sign electricians, electrical sign
26	26	contractors, electrical contractors, residential appliance
27	27	installers, [and] residential appliance installation contractors,
28	28	limited solar electric contractors, and limited solar electric
29	29	installers as prescribed by this chapter.
30	30	SECTION 3. Section 1305.151, Occupations Code, is amended
31	31	to read as follows:
32	32	Sec. 1305.151. LICENSE REQUIRED. Except as provided by
33	33	Section 1305.003, a person or business may not perform or offer to
34	34	perform electrical work, [or] residential appliance installation,
35	35	or limited solar electrical work unless the person or business
36	36	holds an appropriate license issued or recognized under this
37	37	chapter.
38	38	SECTION 4. Subchapter D, Chapter 1305, Occupations Code, is
39	39	amended by adding Sections 1305.1605, 1305.1606, and 1305.1607 to
40	40	read as follows:
41	41	Sec. 1305.1605. LIMITED SOLAR ELECTRIC INSTALLER. (a) An
42	42	applicant for a license as a limited solar electric installer must
43	43	pass a limited solar electric installer examination administered
44	44	under this chapter.
45	45	(b) A person is eligible to take the limited solar electric
46	46	installer examination if the person:
47	47	(1) has at least four years of experience installing
48	48	photovoltaic systems;
49	49	(2) has at least two years of experience installing
50	50	photovoltaic systems and has completed a solar electric training
51	51	program approved by the executive director;
52	52	(3) holds a license in good standing as an electrical
53	53	contractor and has at least one year of experience installing
54	54	photovoltaic systems;
55	55	(4) has at least four years of electrical construction
56	56	experience working for an electrical contractor, including at least
57	57	one year of experience installing photovoltaic systems;
58	58	(5) has at least three years of experience in an
59	59	electrical construction apprenticeship program approved by the
60	60	United States Department of Labor, including at least one year of
61	61	experience installing photovoltaic systems;
62	62	(6) holds a two-year degree in electrical
63	63	construction, electrical engineering technology, or renewable
64	64	energy technology issued by an institution of higher education and
65	65	has at least one year of experience installing photovoltaic
66	66	systems; or
67	67	(7) holds a four-year degree in construction or
68	68	engineering issued by an institution of higher education and has at
69	69	least one year of experience installing photovoltaic systems.
70	70	(c) In developing the limited solar electric installer
71	71	examination, the department shall consult with persons
72	72	knowledgeable about the solar electric industry. The department may
73	73	accept the results of an examination administered by the North
74	74	American Board of Certified Energy Practitioners for all or part of
75	75	the examination requirements under this section.
76	76	(d) The limited solar electric installer examination must
77	77	include:
78	78	(1) site analysis;
79	79	(2) system wiring;
80	80	(3) system grounding;
81	81	(4) mechanical integration;
82	82	(5) utility interconnection;
83	83	(6) electrical safety; and
84	84	(7) wire and conduit sizing.
85	85	Sec. 1305.1606. LIMITED SOLAR ELECTRIC CONTRACTOR. An
86	86	applicant for a license as a limited solar electric contractor
87	87	must:
88	88	(1) be licensed under this chapter as a limited solar
89	89	electric installer or employ a person licensed under this chapter
90	90	as a limited solar electric installer;
91	91	(2) establish proof of financial responsibility in the
92	92	manner prescribed by the executive director; and
93	93	(3) maintain workers' compensation coverage for the
94	94	contractor's employees through an insurance company authorized to
95	95	engage in the business of insurance in this state or through
96	96	self-insurance, or elect not to obtain workers' compensation
97	97	coverage, as provided by Subchapter A, Chapter 406, Labor Code.
98	98	Sec. 1305.1607. LIMITED SOLAR ELECTRICAL WORK. (a) Limited
99	99	solar electrical work is limited to electrical work on a
100	100	photovoltaic system with an alternating current inverter output
101	101	power rating of 100 kilowatts or less. A limited solar electric
102	102	installer or limited solar electric contractor may work on a
103	103	photovoltaic system with an inverter output power rating greater
104	104	than 100 kilowatts if the installer or contractor is working as a
105	105	subcontractor of an electrical contractor.
106	106	(b) Except as provided by Subsections (c) and (d), limited
107	107	solar electrical work is limited to direct current circuits between
108	108	a photovoltaic array and an inverter input. Electrical work on the
109	109	alternating current output of an inverter, including system
110	110	interconnection, must be performed by a person who holds an
111	111	appropriate license issued under this chapter.
112	112	(c) A limited solar electric installer or limited solar
113	113	electric contractor may install Underwriters Laboratories-listed
114	114	alternating current modules on a roof, but the home run to the array
115	115	must be installed by a person who holds an appropriate license
116	116	issued under this chapter.
117	117	(d) A limited solar electric installer or limited solar
118	118	electric contractor may install and wire in parallel Underwriters
119	119	Laboratories-listed micro inverters on a roof, but the home run to
120	120	the array must be installed by a person who holds an appropriate
121	121	license issued under this chapter.
122	122	SECTION 5. Section 1305.166(a), Occupations Code, is
123	123	amended to read as follows:
124	124	(a) An electrical contractor, electrical sign contractor,
125	125	[and] residential appliance installation contractor, and limited
126	126	solar electric contractor shall display the contractor's business
127	127	name and the number of the license issued by the executive director
128	128	on each vehicle owned by the contractor.
129	129	SECTION 6. Section 1305.168, Occupations Code, is amended
130	130	by adding Subsection (d) to read as follows:
131	131	(d) The executive director shall approve a continuing
132	132	education course focused primarily on photovoltaic systems if the
133	133	course meets the other requirements for approval under this
134	134	section.
135	135	SECTION 7. Section 1305.201(a), Occupations Code, is
136	136	amended to read as follows:
137	137	(a) This chapter does not prohibit a municipality or region
138	138	from regulating electricians, [or] residential appliance
139	139	installers, or limited solar electric installers by:
140	140	(1) enacting an ordinance requiring inspections;
141	141	(2) offering examinations;
142	142	(3) issuing municipal or regional licenses; or
143	143	(4) collecting permit fees for municipal or regional
144	144	licenses and examinations from electricians, [and] appliance
145	145	installers, and limited solar electric installers for work
146	146	performed in the municipality or region.
147	147	SECTION 8. The Texas Department of Licensing and Regulation
148	148	shall issue a limited solar electric installer license without
149	149	examination to a qualified applicant under this section who:
150	150	(1) applies for a license under this section not later
151	151	than June 1, 2010;
152	152	(2) submits to the department information required by
153	153	any rules adopted under this section;
154	154	(3) holds a certification as a photovoltaic installer
155	155	issued by the North American Board of Certified Energy
156	156	Practitioners; and
157	157	(4) pays the application fee.
158	158	SECTION 9. (a) Except as provided by Subsection (b) of this
159	159	section, this Act takes effect September 1, 2009.
160	160	(b) Section 1305.151, Occupations Code, as amended by this
161	161	Act, takes effect September 20, 2010.