| 1 | 1 | | 84R11369 TSR-D |
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| 2 | 2 | | By: Huberty H.B. No. 2355 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an exemption for certain persons who sell signs from the |
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| 8 | 8 | | requirement to be licensed as an electrician. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1305.003(a), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) This chapter does not apply to: |
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| 13 | 13 | | (1) the installation of electrical equipment in a |
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| 14 | 14 | | ship, watercraft other than a floating building, railway rolling |
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| 15 | 15 | | stock, aircraft, motor vehicle, or recreational vehicle; |
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| 16 | 16 | | (2) the installation of electrical equipment |
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| 17 | 17 | | underground in a mine and in self-propelled mobile surface mining |
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| 18 | 18 | | machinery and its attendant electrical trailing cable; |
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| 19 | 19 | | (3) the installation of electrical equipment for |
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| 20 | 20 | | generation, transformation, transmission, or distribution of power |
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| 21 | 21 | | used exclusively to operate railway rolling stock or exclusively |
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| 22 | 22 | | for signaling and communications purposes; |
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| 23 | 23 | | (4) the installation, maintenance, alteration, or |
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| 24 | 24 | | repair of communications equipment provided by a |
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| 25 | 25 | | telecommunications provider; |
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| 26 | 26 | | (5) the installation, maintenance, alteration, or |
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| 27 | 27 | | repair of electrical equipment under the exclusive control of an |
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| 28 | 28 | | electric utility, power generation company as defined by Sections |
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| 29 | 29 | | 31.002(1) and (10), Utilities Code, electric cooperative, or |
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| 30 | 30 | | municipally owned utility and used for communications or metering, |
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| 31 | 31 | | or for the generation, control, transformation, transmission, and |
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| 32 | 32 | | distribution of electrical energy, and located: |
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| 33 | 33 | | (A) in a building used exclusively by a utility |
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| 34 | 34 | | or power generation company for those purposes; |
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| 35 | 35 | | (B) outdoors on property owned or leased by the |
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| 36 | 36 | | utility or power generation company; |
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| 37 | 37 | | (C) on public highways, streets, roads, or other |
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| 38 | 38 | | public rights-of-way; or |
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| 39 | 39 | | (D) outdoors by established rights in vaults or |
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| 40 | 40 | | on private property; |
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| 41 | 41 | | (6) work not specifically regulated by a municipal |
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| 42 | 42 | | ordinance that is performed in or on a dwelling by a person who owns |
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| 43 | 43 | | and resides in the dwelling; |
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| 44 | 44 | | (7) work involved in the manufacture of electrical |
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| 45 | 45 | | equipment that includes the on-site and off-site manufacturing, |
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| 46 | 46 | | commissioning, testing, calibrating, coordinating, |
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| 47 | 47 | | troubleshooting, or evaluating of electrical equipment, the |
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| 48 | 48 | | repairing or retrofitting of electrical equipment with components |
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| 49 | 49 | | of the same ampacity, and the maintenance and servicing of |
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| 50 | 50 | | electrical equipment within the equipment's enclosure that is |
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| 51 | 51 | | performed by an authorized employee or authorized representative of |
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| 52 | 52 | | an electrical equipment manufacturer and limited to the type of |
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| 53 | 53 | | products manufactured by the manufacturer; |
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| 54 | 54 | | (8) electrical work if: |
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| 55 | 55 | | (A) the work is performed by a person who does not |
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| 56 | 56 | | engage in electrical work for the public; |
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| 57 | 57 | | (B) the work is performed by a person regularly |
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| 58 | 58 | | employed as a maintenance person or maintenance electrician for a |
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| 59 | 59 | | business; and |
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| 60 | 60 | | (C) the electrical work does not involve the |
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| 61 | 61 | | installation of electrical equipment during new construction as |
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| 62 | 62 | | defined by rules adopted under Chapter 151, Tax Code; |
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| 63 | 63 | | (9) the installation, maintenance, alteration, or |
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| 64 | 64 | | repair of electrical equipment or associated wiring under the |
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| 65 | 65 | | exclusive control of a gas utility and used for communications or |
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| 66 | 66 | | metering or for the control, transmission, or distribution of |
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| 67 | 67 | | natural gas; |
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| 68 | 68 | | (10) thoroughfare lighting, traffic signals, |
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| 69 | 69 | | intelligent transportation systems, and telecommunications |
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| 70 | 70 | | controlled by a governmental entity; |
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| 71 | 71 | | (11) electrical connections supplying heating, |
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| 72 | 72 | | ventilation, and cooling and refrigeration equipment, including |
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| 73 | 73 | | any required disconnect exclusively for the equipment, if the |
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| 74 | 74 | | service is performed by a licensed air conditioning and |
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| 75 | 75 | | refrigeration contractor under Chapter 1302; |
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| 76 | 76 | | (12) the design, installation, erection, repair, or |
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| 77 | 77 | | alteration of Class 1, Class 2, or Class 3 remote control, |
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| 78 | 78 | | signaling, or power-limited circuits, fire alarm circuits, optical |
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| 79 | 79 | | fiber cables, or communications circuits, including raceways, as |
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| 80 | 80 | | defined by the National Electrical Code; |
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| 81 | 81 | | (13) landscape irrigation installers, as necessary to |
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| 82 | 82 | | perform the installation and maintenance of irrigation control |
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| 83 | 83 | | systems, and landscapers, as necessary to perform the installation |
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| 84 | 84 | | and maintenance of low-voltage exterior lighting and holiday |
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| 85 | 85 | | lighting excluding any required power source; |
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| 86 | 86 | | (14) electrical work performed at a business that |
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| 87 | 87 | | operates: |
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| 88 | 88 | | (A) a chemical plant, petrochemical plant, |
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| 89 | 89 | | refinery, natural gas plant, natural gas treating plant, pipeline, |
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| 90 | 90 | | or oil and gas exploration and production operation by a person who |
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| 91 | 91 | | works solely for and is employed by that business; or |
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| 92 | 92 | | (B) a chemical plant, petrochemical plant, |
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| 93 | 93 | | refinery, natural gas plant, or natural gas treatment plant by a |
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| 94 | 94 | | person who under a contract of at least 12 months' duration performs |
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| 95 | 95 | | electrical work for that plant and: |
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| 96 | 96 | | (i) the electrical work is not performed |
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| 97 | 97 | | during new construction as defined by rules adopted under Chapter |
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| 98 | 98 | | 151, Tax Code; or |
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| 99 | 99 | | (ii) the person is not working for a |
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| 100 | 100 | | contractor that has a principal place of business in another state |
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| 101 | 101 | | or territory of the United States or a foreign country; |
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| 102 | 102 | | (15) the installation, maintenance, alteration, or |
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| 103 | 103 | | repair of elevators, escalators, or related equipment, excluding |
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| 104 | 104 | | any required power source, regulated under Chapter 754, Health and |
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| 105 | 105 | | Safety Code; |
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| 106 | 106 | | (16) the installation, maintenance, alteration, or |
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| 107 | 107 | | repair of equipment or network facilities provided or utilized by a |
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| 108 | 108 | | cable operator, as that term is defined by 47 U.S.C. Section 522, as |
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| 109 | 109 | | amended; |
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| 110 | 110 | | (17) the location, design, construction, extension, |
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| 111 | 111 | | maintenance, and installation of on-site sewage disposal systems in |
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| 112 | 112 | | accordance with Chapter 366, Health and Safety Code, or an on-site |
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| 113 | 113 | | sewage facility installer licensed under Chapter 37, Water Code; |
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| 114 | 114 | | (18) electrical work performed on a building, |
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| 115 | 115 | | structure, or equipment in agricultural use as defined by Section |
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| 116 | 116 | | 11.002, Water Code, other than the processing of an agricultural |
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| 117 | 117 | | commodity; |
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| 118 | 118 | | (19) the installation, maintenance, alteration, or |
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| 119 | 119 | | repair of well pumps and equipment in accordance with Chapter 1902; |
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| 120 | 120 | | (20) electrical work required for the construction and |
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| 121 | 121 | | assembly of HUD-code manufactured housing or modular housing and |
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| 122 | 122 | | building units, other than the installation of service entrance |
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| 123 | 123 | | conductors, that is performed by a licensed manufacturer or |
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| 124 | 124 | | installer under Chapter 1201 or 1202, as applicable, if work |
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| 125 | 125 | | performed is within the scope of the license as defined by |
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| 126 | 126 | | applicable statutes and administrative rules; |
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| 127 | 127 | | (21) work performed by a plumber who holds a license or |
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| 128 | 128 | | endorsement or is registered under Chapter 1301 that is necessary |
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| 129 | 129 | | to install, service, maintain, repair, or replace any type of |
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| 130 | 130 | | plumbing fixture or appliance, as described by Section 1301.002(7), |
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| 131 | 131 | | including a water heater, food disposer, garbage disposal, water |
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| 132 | 132 | | softener, dishwashing machine, and clothes washing machine on |
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| 133 | 133 | | existing electrical circuits only; |
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| 134 | 134 | | (22) the maintenance or repair of a residential |
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| 135 | 135 | | appliance by a residential appliance dealer or manufacturer or a |
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| 136 | 136 | | person authorized by a residential appliance dealer or manufacturer |
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| 137 | 137 | | using only components of the same type and ampacity as the original |
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| 138 | 138 | | components; [and] |
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| 139 | 139 | | (23) the maintenance, alteration, or repair of a |
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| 140 | 140 | | pool-related electrical device by, or pool-related electrical |
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| 141 | 141 | | maintenance performed by, an employee of a municipality on a pool |
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| 142 | 142 | | owned or operated by the municipality; and |
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| 143 | 143 | | (24) a person who sells or offers to sell a sign that |
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| 144 | 144 | | requires electrical work or electrical sign work in connection with |
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| 145 | 145 | | the construction or installation of the sign if the person does not |
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| 146 | 146 | | perform that electrical work or electrical sign work. |
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| 147 | 147 | | SECTION 2. This Act takes effect immediately if it receives |
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| 148 | 148 | | a vote of two-thirds of all the members elected to each house, as |
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| 149 | 149 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 150 | 150 | | Act does not receive the vote necessary for immediate effect, this |
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| 151 | 151 | | Act takes effect September 1, 2015. |
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