Texas 2009 - 81st Regular

Texas Senate Bill SB1982 Compare Versions

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1	1	S.B. No. 1982
2	2
3	3
4	4	AN ACT
5	5	relating to the licensing and regulation of pool-related electrical
6	6	maintenance.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 1305.002, Occupations Code, is amended
9	9	by amending Subdivisions (12-a), (12-b), (12-c), (12-d), and (12-e)
10	10	and adding Subdivisions (14), (15), and (16) to read as follows:
11	11	(12-a) "Residential appliance" means a pool-related
12	12	electrical device, or equipment that:
13	13	(A) is installed as a unit in a single-family or
14	14	multifamily dwelling that does not exceed four stories;
15	15	(B) is directly connected to an electrical
16	16	circuit; and
17	17	(C) performs a specific function.
18	18	(12-b) "Residential appliance installation" means
19	19	electrical work that is limited to the connection or disconnection
20	20	of a residential appliance, including a pool-related electrical
21	21	device, to an existing electrical circuit other than by inserting
22	22	or removing a plug from an electrical outlet.
23	23	(12-c) "Residential appliance installation
24	24	contracting" means the business of residential appliance
25	25	installation, including pool-related electrical maintenance.
26	26	(12-d) "Residential appliance installation
27	27	contractor" means a business entity, other than an electrical
28	28	contractor or electrical sign contractor, that is engaged in
29	29	residential appliance installation contracting, including
30	30	pool-related electrical maintenance.
31	31	(12-e) "Residential appliance installer" means a
32	32	person, other than a licensed electrician, who is licensed to
33	33	perform residential appliance installation, including pool-related
34	34	electrical maintenance.
35	35	(14) "Pool" means an outdoor or indoor structure
36	36	intended for swimming or recreational bathing, including an
37	37	inground structure, aboveground structure, hot tub, spa, portable
38	38	spa, or non-portable wading pool.
39	39	(15) "Pool-related electrical device" means equipment
40	40	for a pool that:
41	41	(A) is installed as a unit;
42	42	(B) is directly connected to an electrical
43	43	circuit; and
44	44	(C) performs a specific function.
45	45	(16) "Pool-related electrical maintenance" means
46	46	electrical work that is limited to the connection or disconnection
47	47	of a pool-related electrical device to an existing electrical
48	48	circuit other than by inserting or removing a plug from an
49	49	electrical outlet.
50	50	SECTION 2. Subsection (a), Section 1305.003, Occupations
51	51	Code, as amended by Chapters 418 (S.B. 1222) and 649 (H.B. 1029),
52	52	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
53	53	and amended to read as follows:
54	54	(a) This chapter does not apply to:
55	55	(1) the installation of electrical equipment in a
56	56	ship, watercraft other than a floating building, railway rolling
57	57	stock, aircraft, motor vehicle, or recreational vehicle;
58	58	(2) the installation of electrical equipment
59	59	underground in a mine and in self-propelled mobile surface mining
60	60	machinery and its attendant electrical trailing cable;
61	61	(3) the installation of electrical equipment for
62	62	generation, transformation, transmission, or distribution of power
63	63	used exclusively to operate railway rolling stock or exclusively
64	64	for signaling and communications purposes;
65	65	(4) the installation, maintenance, alteration, or
66	66	repair of communications equipment provided by a
67	67	telecommunications provider;
68	68	(5) the installation, maintenance, alteration, or
69	69	repair of electrical equipment under the exclusive control of an
70	70	electric utility, power generation company as defined by Sections
71	71	31.002(1) and (10), Utilities Code, electric cooperative, or
72	72	municipally owned utility and used for communications or metering,
73	73	or for the generation, control, transformation, transmission, and
74	74	distribution of electrical energy, and located:
75	75	(A) in a building used exclusively by a utility
76	76	or power generation company for those purposes;
77	77	(B) outdoors on property owned or leased by the
78	78	utility or power generation company;
79	79	(C) on public highways, streets, roads, or other
80	80	public rights-of-way; or
81	81	(D) outdoors by established rights in vaults or
82	82	on private property;
83	83	(6) work not specifically regulated by a municipal
84	84	ordinance that is performed in or on a dwelling by a person who owns
85	85	and resides in the dwelling;
86	86	(7) work involved in the manufacture of electrical
87	87	equipment that includes the on-site and off-site manufacturing,
88	88	commissioning, testing, calibrating, coordinating,
89	89	troubleshooting, or evaluating of electrical equipment, the
90	90	repairing or retrofitting of electrical equipment with components
91	91	of the same ampacity, and the maintenance and servicing of
92	92	electrical equipment within the equipment's enclosure that is
93	93	performed by an authorized employee or authorized representative of
94	94	an electrical equipment manufacturer and limited to the type of
95	95	products manufactured by the manufacturer;
96	96	(8) electrical work if:
97	97	(A) the work is performed by a person who does not
98	98	engage in electrical work for the public;
99	99	(B) the work is performed by a person regularly
100	100	employed as a maintenance person or maintenance electrician for a
101	101	business; and
102	102	(C) the electrical work does not involve the
103	103	installation of electrical equipment during new construction as
104	104	defined by rules adopted under Chapter 151, Tax Code;
105	105	(9) the installation, maintenance, alteration, or
106	106	repair of electrical equipment or associated wiring under the
107	107	exclusive control of a gas utility and used for communications or
108	108	metering or for the control, transmission, or distribution of
109	109	natural gas;
110	110	(10) thoroughfare lighting, traffic signals,
111	111	intelligent transportation systems, and telecommunications
112	112	controlled by a governmental entity;
113	113	(11) electrical connections supplying heating,
114	114	ventilation, and cooling and refrigeration equipment, including
115	115	any required disconnect exclusively for the equipment, if the
116	116	service is performed by a licensed air conditioning and
117	117	refrigeration contractor under Chapter 1302;
118	118	(12) the design, installation, erection, repair, or
119	119	alteration of Class 1, Class 2, or Class 3 remote control,
120	120	signaling, or power-limited circuits, fire alarm circuits, optical
121	121	fiber cables, or communications circuits, including raceways, as
122	122	defined by the National Electrical Code;
123	123	(13) landscape irrigation installers, as necessary to
124	124	perform the installation and maintenance of irrigation control
125	125	systems, and landscapers, as necessary to perform the installation
126	126	and maintenance of low-voltage exterior lighting and holiday
127	127	lighting excluding any required power source;
128	128	(14) electrical work performed at a business that
129	129	operates:
130	130	(A) a chemical plant, petrochemical plant,
131	131	refinery, natural gas plant, natural gas treating plant, pipeline,
132	132	or oil and gas exploration and production operation by a person who
133	133	works solely for and is employed by that business; or
134	134	(B) a chemical plant, petrochemical plant,
135	135	refinery, natural gas plant, or natural gas treatment plant by a
136	136	person who under a contract of at least 12 months' duration performs
137	137	electrical work for that plant and:
138	138	(i) the electrical work is not performed
139	139	during new construction as defined by rules adopted under Chapter
140	140	151, Tax Code; or
141	141	(ii) the person is not working for a
142	142	contractor that has a principal place of business in another state
143	143	or territory of the United States or a foreign country;
144	144	(15) the installation, maintenance, alteration, or
145	145	repair of elevators, escalators, or related equipment, excluding
146	146	any required power source, regulated under Chapter 754, Health and
147	147	Safety Code;
148	148	(16) the installation, maintenance, alteration, or
149	149	repair of equipment or network facilities provided or utilized by a
150	150	cable operator, as that term is defined by 47 U.S.C. Section 522, as
151	151	amended;
152	152	(17) the location, design, construction, extension,
153	153	maintenance, and installation of on-site sewage disposal systems in
154	154	accordance with Chapter 366, Health and Safety Code, or an on-site
155	155	sewage facility installer licensed under Chapter 37, Water Code;
156	156	(18) electrical work performed on a building,
157	157	structure, or equipment in agricultural use as defined by Section
158	158	11.002, Water Code, other than the processing of an agricultural
159	159	commodity;
160	160	(19) the installation, maintenance, alteration, or
161	161	repair of well pumps and equipment in accordance with Chapter 1902;
162	162	(20) electrical work required for the construction and
163	163	assembly of HUD-code manufactured housing or modular housing and
164	164	building units, other than the installation of service entrance
165	165	conductors, that is performed by a licensed manufacturer or
166	166	installer under Chapter 1201 or 1202, as applicable, if work
167	167	performed is within the scope of the license as defined by
168	168	applicable statutes and administrative rules; [and]
169	169	(21) work performed by a plumber who holds a license or
170	170	endorsement or is registered under Chapter 1301 that is necessary
171	171	to install, service, maintain, repair, or replace any type of
172	172	plumbing fixture or appliance, as described by Section 1301.002(7),
173	173	including a water heater, food disposer, garbage disposal, water
174	174	softener, dishwashing machine, and clothes washing machine on
175	175	existing electrical circuits only;
176	176	(22) [. (21)] the maintenance or repair of a
177	177	residential appliance by a residential appliance dealer or
178	178	manufacturer or a person authorized by a residential appliance
179	179	dealer or manufacturer using only components of the same type and
180	180	ampacity as the original components; and
181	181	(23) the maintenance, alteration, or repair of a
182	182	pool-related electrical device by, or pool-related electrical
183	183	maintenance performed by, an employee of a municipality on a pool
184	184	owned or operated by the municipality.
185	185	SECTION 3. Section 1305.162, Occupations Code, is amended
186	186	by adding Subsection (d) to read as follows:
187	187	(d) In addition to the other requirements of this section,
188	188	the department shall accept, develop, or contract for a residential
189	189	appliance installer examination that tests an applicant's
190	190	knowledge of the materials and methods used in the installation of
191	191	residential appliances and pool-related devices under this chapter
192	192	and the National Electrical Code standards as adopted by the
193	193	executive director.
194	194	SECTION 4. Not later than January 1, 2010, the Texas
195	195	Commission of Licensing and Regulation shall adopt any rules
196	196	necessary to implement the changes in law made by this Act.
197	197	SECTION 5. Section 1305.151, Occupations Code, applies only
198	198	to a person who performs pool-related electrical maintenance, as
199	199	defined by Section 1305.002, Occupations Code, as amended by this
200	200	Act, or residential appliance installation that consists only of
201	201	the connection or disconnection of a pool-related electrical
202	202	device, as defined by Section 1305.002, Occupations Code, as
203	203	amended by this Act, on or after March 1, 2010.
204	204	SECTION 6. (a) Except as provided by Subsection (b) of
205	205	this section, this Act takes effect September 1, 2009.
206	206	(b) Section 1 of this Act takes effect March 1, 2010.
207	207	______________________________ ______________________________
208	208	President of the Senate Speaker of the House
209	209	I hereby certify that S.B. No. 1982 passed the Senate on
210	210	May 4, 2009, by the following vote: Yeas 31, Nays 0.
211	211	______________________________
212	212	Secretary of the Senate
213	213	I hereby certify that S.B. No. 1982 passed the House on
214	214	May 26, 2009, by the following vote: Yeas 140, Nays 4, one present
215	215	not voting.
216	216	______________________________
217	217	Chief Clerk of the House
218	218	Approved:
219	219	______________________________
220	220	Date
221	221	______________________________
222	222	Governor