S.B. No. 1982
AN ACT
relating to the licensing and regulation of pool-related electrical
maintenance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1305.002, Occupations Code, is amended
by amending Subdivisions (12-a), (12-b), (12-c), (12-d), and (12-e)
and adding Subdivisions (14), (15), and (16) to read as follows:
(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.
(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.
SECTION 2. Subsection (a), Section 1305.003, 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, or pool-related electrical
maintenance performed by, an employee of a municipality on a pool
owned or operated by the municipality.
SECTION 3. Section 1305.162, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(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.
SECTION 4. Not later than January 1, 2010, the Texas
Commission of Licensing and Regulation shall adopt any rules
necessary to implement the changes in law made by this Act.
SECTION 5. Section 1305.151, Occupations Code, applies only
to a person who performs pool-related electrical maintenance, as
defined by Section 1305.002, Occupations Code, as amended by this
Act, or residential appliance installation that consists only of
the connection or disconnection of a pool-related electrical
device, as defined by Section 1305.002, Occupations Code, as
amended by this Act, on or after March 1, 2010.
SECTION 6. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2009.
(b) Section 1 of this Act takes effect March 1, 2010.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1982 passed the Senate on
May 4, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1982 passed the House on
May 26, 2009, by the following vote: Yeas 140, Nays 4, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor