Texas 2015 - 84th Regular

Texas Senate Bill SB953 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell, Perry S.B. No. 953
2		-	(In the Senate - Filed March 4, 2015; March 9, 2015, read
3		-	first time and referred to Committee on Business and Commerce;
4		-	April 9, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 9, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 953 By: Seliger
	1	+	By: Birdwell, Huffines S.B. No. 953
	2	+	Perry
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to an exemption for certain persons who sell signs from the
14	8		requirement to be licensed as an electrician.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 1305.003(a), Occupations Code, is
17	11		amended to read as follows:
18	12		(a) This chapter does not apply to:
19	13		(1) the installation of electrical equipment in a
20	14		ship, watercraft other than a floating building, railway rolling
21	15		stock, aircraft, motor vehicle, or recreational vehicle;
22	16		(2) the installation of electrical equipment
23	17		underground in a mine and in self-propelled mobile surface mining
24	18		machinery and its attendant electrical trailing cable;
25	19		(3) the installation of electrical equipment for
26	20		generation, transformation, transmission, or distribution of power
27	21		used exclusively to operate railway rolling stock or exclusively
28	22		for signaling and communications purposes;
29	23		(4) the installation, maintenance, alteration, or
30	24		repair of communications equipment provided by a
31	25		telecommunications provider;
32	26		(5) the installation, maintenance, alteration, or
33	27		repair of electrical equipment under the exclusive control of an
34	28		electric utility, power generation company as defined by Sections
35	29		31.002(1) and (10), Utilities Code, electric cooperative, or
36	30		municipally owned utility and used for communications or metering,
37	31		or for the generation, control, transformation, transmission, and
38	32		distribution of electrical energy, and located:
39	33		(A) in a building used exclusively by a utility
40	34		or power generation company for those purposes;
41	35		(B) outdoors on property owned or leased by the
42	36		utility or power generation company;
43	37		(C) on public highways, streets, roads, or other
44	38		public rights-of-way; or
45	39		(D) outdoors by established rights in vaults or
46	40		on private property;
47	41		(6) work not specifically regulated by a municipal
48	42		ordinance that is performed in or on a dwelling by a person who owns
49	43		and resides in the dwelling;
50	44		(7) work involved in the manufacture of electrical
51	45		equipment that includes the on-site and off-site manufacturing,
52	46		commissioning, testing, calibrating, coordinating,
53	47		troubleshooting, or evaluating of electrical equipment, the
54	48		repairing or retrofitting of electrical equipment with components
55	49		of the same ampacity, and the maintenance and servicing of
56	50		electrical equipment within the equipment's enclosure that is
57	51		performed by an authorized employee or authorized representative of
58	52		an electrical equipment manufacturer and limited to the type of
59	53		products manufactured by the manufacturer;
60	54		(8) electrical work if:
61	55		(A) the work is performed by a person who does not
62	56		engage in electrical work for the public;
63	57		(B) the work is performed by a person regularly
64	58		employed as a maintenance person or maintenance electrician for a
65	59		business; and
66	60		(C) the electrical work does not involve the
67	61		installation of electrical equipment during new construction as
68	62		defined by rules adopted under Chapter 151, Tax Code;
69	63		(9) the installation, maintenance, alteration, or
70	64		repair of electrical equipment or associated wiring under the
71	65		exclusive control of a gas utility and used for communications or
72	66		metering or for the control, transmission, or distribution of
73	67		natural gas;
74	68		(10) thoroughfare lighting, traffic signals,
75	69		intelligent transportation systems, and telecommunications
76	70		controlled by a governmental entity;
77	71		(11) electrical connections supplying heating,
78	72		ventilation, and cooling and refrigeration equipment, including
79	73		any required disconnect exclusively for the equipment, if the
80	74		service is performed by a licensed air conditioning and
81	75		refrigeration contractor under Chapter 1302;
82	76		(12) the design, installation, erection, repair, or
83	77		alteration of Class 1, Class 2, or Class 3 remote control,
84	78		signaling, or power-limited circuits, fire alarm circuits, optical
85	79		fiber cables, or communications circuits, including raceways, as
86	80		defined by the National Electrical Code;
87	81		(13) landscape irrigation installers, as necessary to
88	82		perform the installation and maintenance of irrigation control
89	83		systems, and landscapers, as necessary to perform the installation
90	84		and maintenance of low-voltage exterior lighting and holiday
91	85		lighting excluding any required power source;
92	86		(14) electrical work performed at a business that
93	87		operates:
94	88		(A) a chemical plant, petrochemical plant,
95	89		refinery, natural gas plant, natural gas treating plant, pipeline,
96	90		or oil and gas exploration and production operation by a person who
97	91		works solely for and is employed by that business; or
98	92		(B) a chemical plant, petrochemical plant,
99	93		refinery, natural gas plant, or natural gas treatment plant by a
100	94		person who under a contract of at least 12 months' duration performs
101	95		electrical work for that plant and:
102	96		(i) the electrical work is not performed
103	97		during new construction as defined by rules adopted under Chapter
104	98		151, Tax Code; or
105	99		(ii) the person is not working for a
106	100		contractor that has a principal place of business in another state
107	101		or territory of the United States or a foreign country;
108	102		(15) the installation, maintenance, alteration, or
109	103		repair of elevators, escalators, or related equipment, excluding
110	104		any required power source, regulated under Chapter 754, Health and
111	105		Safety Code;
112	106		(16) the installation, maintenance, alteration, or
113	107		repair of equipment or network facilities provided or utilized by a
114	108		cable operator, as that term is defined by 47 U.S.C. Section 522, as
115	109		amended;
116	110		(17) the location, design, construction, extension,
117	111		maintenance, and installation of on-site sewage disposal systems in
118	112		accordance with Chapter 366, Health and Safety Code, or an on-site
119	113		sewage facility installer licensed under Chapter 37, Water Code;
120	114		(18) electrical work performed on a building,
121	115		structure, or equipment in agricultural use as defined by Section
122	116		11.002, Water Code, other than the processing of an agricultural
123	117		commodity;
124	118		(19) the installation, maintenance, alteration, or
125	119		repair of well pumps and equipment in accordance with Chapter 1902;
126	120		(20) electrical work required for the construction and
127	121		assembly of HUD-code manufactured housing or modular housing and
128	122		building units, other than the installation of service entrance
129	123		conductors, that is performed by a licensed manufacturer or
130	124		installer under Chapter 1201 or 1202, as applicable, if work
131	125		performed is within the scope of the license as defined by
132	126		applicable statutes and administrative rules;
133	127		(21) work performed by a plumber who holds a license or
134	128		endorsement or is registered under Chapter 1301 that is necessary
135	129		to install, service, maintain, repair, or replace any type of
136	130		plumbing fixture or appliance, as described by Section 1301.002(7),
137	131		including a water heater, food disposer, garbage disposal, water
138	132		softener, dishwashing machine, and clothes washing machine on
139	133		existing electrical circuits only;
140	134		(22) the maintenance or repair of a residential
141	135		appliance by a residential appliance dealer or manufacturer or a
142	136		person authorized by a residential appliance dealer or manufacturer
143	137		using only components of the same type and ampacity as the original
144	138		components; [and]
145	139		(23) the maintenance, alteration, or repair of a
146	140		pool-related electrical device by, or pool-related electrical
147	141		maintenance performed by, an employee of a municipality on a pool
148	142		owned or operated by the municipality; and
149	143		(24) a person who sells or offers to sell a sign that
150	144		requires electrical work or electrical sign work in connection with
151	145		the construction or installation of the sign if the person:
152	146		(A) does not perform that electrical work or
153	147		electrical sign work;
154	148		(B) uses only an electrical contractor or an
155	149		electrical sign contractor licensed under this chapter to perform
156	150		that work; and
157	151		(C) provides to the person buying the sign in
158	152		writing the name and license number of the electrical contractor or
159	153		electrical sign contractor hired to install the sign.
160	154		SECTION 2. This Act takes effect immediately if it receives
161	155		a vote of two-thirds of all the members elected to each house, as
162	156		provided by Section 39, Article III, Texas Constitution. If this
163	157		Act does not receive the vote necessary for immediate effect, this
164	158		Act takes effect September 1, 2015.
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