Texas 2013 - 83rd Regular

Texas House Bill HB1352 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R23106 BEF-F
2	2	By: Callegari, Harper-Brown, Ratliff, et al. H.B. No. 1352
3	3	Substitute the following for H.B. No. 1352:
4	4	By: Smith C.S.H.B. No. 1352
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an exemption for certain persons who sell signs from the
10	10	requirement to be licensed as an electrician.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1305.003(a), Occupations Code, is
13	13	amended to read as follows:
14	14	(a) This chapter does not apply to:
15	15	(1) the installation of electrical equipment in a
16	16	ship, watercraft other than a floating building, railway rolling
17	17	stock, aircraft, motor vehicle, or recreational vehicle;
18	18	(2) the installation of electrical equipment
19	19	underground in a mine and in self-propelled mobile surface mining
20	20	machinery and its attendant electrical trailing cable;
21	21	(3) the installation of electrical equipment for
22	22	generation, transformation, transmission, or distribution of power
23	23	used exclusively to operate railway rolling stock or exclusively
24	24	for signaling and communications purposes;
25	25	(4) the installation, maintenance, alteration, or
26	26	repair of communications equipment provided by a
27	27	telecommunications provider;
28	28	(5) the installation, maintenance, alteration, or
29	29	repair of electrical equipment under the exclusive control of an
30	30	electric utility, power generation company as defined by Sections
31	31	31.002(1) and (10), Utilities Code, electric cooperative, or
32	32	municipally owned utility and used for communications or metering,
33	33	or for the generation, control, transformation, transmission, and
34	34	distribution of electrical energy, and located:
35	35	(A) in a building used exclusively by a utility
36	36	or power generation company for those purposes;
37	37	(B) outdoors on property owned or leased by the
38	38	utility or power generation company;
39	39	(C) on public highways, streets, roads, or other
40	40	public rights-of-way; or
41	41	(D) outdoors by established rights in vaults or
42	42	on private property;
43	43	(6) work not specifically regulated by a municipal
44	44	ordinance that is performed in or on a dwelling by a person who owns
45	45	and resides in the dwelling;
46	46	(7) work involved in the manufacture of electrical
47	47	equipment that includes the on-site and off-site manufacturing,
48	48	commissioning, testing, calibrating, coordinating,
49	49	troubleshooting, or evaluating of electrical equipment, the
50	50	repairing or retrofitting of electrical equipment with components
51	51	of the same ampacity, and the maintenance and servicing of
52	52	electrical equipment within the equipment's enclosure that is
53	53	performed by an authorized employee or authorized representative of
54	54	an electrical equipment manufacturer and limited to the type of
55	55	products manufactured by the manufacturer;
56	56	(8) electrical work if:
57	57	(A) the work is performed by a person who does not
58	58	engage in electrical work for the public;
59	59	(B) the work is performed by a person regularly
60	60	employed as a maintenance person or maintenance electrician for a
61	61	business; and
62	62	(C) the electrical work does not involve the
63	63	installation of electrical equipment during new construction as
64	64	defined by rules adopted under Chapter 151, Tax Code;
65	65	(9) the installation, maintenance, alteration, or
66	66	repair of electrical equipment or associated wiring under the
67	67	exclusive control of a gas utility and used for communications or
68	68	metering or for the control, transmission, or distribution of
69	69	natural gas;
70	70	(10) thoroughfare lighting, traffic signals,
71	71	intelligent transportation systems, and telecommunications
72	72	controlled by a governmental entity;
73	73	(11) electrical connections supplying heating,
74	74	ventilation, and cooling and refrigeration equipment, including
75	75	any required disconnect exclusively for the equipment, if the
76	76	service is performed by a licensed air conditioning and
77	77	refrigeration contractor under Chapter 1302;
78	78	(12) the design, installation, erection, repair, or
79	79	alteration of Class 1, Class 2, or Class 3 remote control,
80	80	signaling, or power-limited circuits, fire alarm circuits, optical
81	81	fiber cables, or communications circuits, including raceways, as
82	82	defined by the National Electrical Code;
83	83	(13) landscape irrigation installers, as necessary to
84	84	perform the installation and maintenance of irrigation control
85	85	systems, and landscapers, as necessary to perform the installation
86	86	and maintenance of low-voltage exterior lighting and holiday
87	87	lighting excluding any required power source;
88	88	(14) electrical work performed at a business that
89	89	operates:
90	90	(A) a chemical plant, petrochemical plant,
91	91	refinery, natural gas plant, natural gas treating plant, pipeline,
92	92	or oil and gas exploration and production operation by a person who
93	93	works solely for and is employed by that business; or
94	94	(B) a chemical plant, petrochemical plant,
95	95	refinery, natural gas plant, or natural gas treatment plant by a
96	96	person who under a contract of at least 12 months' duration performs
97	97	electrical work for that plant and:
98	98	(i) the electrical work is not performed
99	99	during new construction as defined by rules adopted under Chapter
100	100	151, Tax Code; or
101	101	(ii) the person is not working for a
102	102	contractor that has a principal place of business in another state
103	103	or territory of the United States or a foreign country;
104	104	(15) the installation, maintenance, alteration, or
105	105	repair of elevators, escalators, or related equipment, excluding
106	106	any required power source, regulated under Chapter 754, Health and
107	107	Safety Code;
108	108	(16) the installation, maintenance, alteration, or
109	109	repair of equipment or network facilities provided or utilized by a
110	110	cable operator, as that term is defined by 47 U.S.C. Section 522, as
111	111	amended;
112	112	(17) the location, design, construction, extension,
113	113	maintenance, and installation of on-site sewage disposal systems in
114	114	accordance with Chapter 366, Health and Safety Code, or an on-site
115	115	sewage facility installer licensed under Chapter 37, Water Code;
116	116	(18) electrical work performed on a building,
117	117	structure, or equipment in agricultural use as defined by Section
118	118	11.002, Water Code, other than the processing of an agricultural
119	119	commodity;
120	120	(19) the installation, maintenance, alteration, or
121	121	repair of well pumps and equipment in accordance with Chapter 1902;
122	122	(20) electrical work required for the construction and
123	123	assembly of HUD-code manufactured housing or modular housing and
124	124	building units, other than the installation of service entrance
125	125	conductors, that is performed by a licensed manufacturer or
126	126	installer under Chapter 1201 or 1202, as applicable, if work
127	127	performed is within the scope of the license as defined by
128	128	applicable statutes and administrative rules;
129	129	(21) work performed by a plumber who holds a license or
130	130	endorsement or is registered under Chapter 1301 that is necessary
131	131	to install, service, maintain, repair, or replace any type of
132	132	plumbing fixture or appliance, as described by Section 1301.002(7),
133	133	including a water heater, food disposer, garbage disposal, water
134	134	softener, dishwashing machine, and clothes washing machine on
135	135	existing electrical circuits only;
136	136	(22) the maintenance or repair of a residential
137	137	appliance by a residential appliance dealer or manufacturer or a
138	138	person authorized by a residential appliance dealer or manufacturer
139	139	using only components of the same type and ampacity as the original
140	140	components; [and]
141	141	(23) the maintenance, alteration, or repair of a
142	142	pool-related electrical device by, or pool-related electrical
143	143	maintenance performed by, an employee of a municipality on a pool
144	144	owned or operated by the municipality; and
145	145	(24) a person who sells or offers to sell a sign that
146	146	requires electrical work or electrical sign work in connection with
147	147	the construction or installation of the sign if the person:
148	148	(A) does not perform or offer to perform that
149	149	electrical work or electrical sign work; and
150	150	(B) uses only an electrical contractor under
151	151	Section 1305.159 or an electrical sign contractor under Section
152	152	1305.160 to perform that work.
153	153	SECTION 2. This Act takes effect immediately if it receives
154	154	a vote of two-thirds of all the members elected to each house, as
155	155	provided by Section 39, Article III, Texas Constitution. If this
156	156	Act does not receive the vote necessary for immediate effect, this
157	157	Act takes effect September 1, 2013.