Texas 2019 - 86th Regular

Texas Senate Bill SB1004 Latest Draft

Bill / Introduced Version Filed 02/22/2019

                            86R5781 SOS-F
 By: Creighton S.B. No. 1004


 A BILL TO BE ENTITLED
 AN ACT
 relating to an exemption from licensing requirements for certain
 electrical work.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1305.003(a), Occupations Code, is
 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, that operate at less than
 50 volts and that are not capable of supplying or controlling more
 than 50 volt-amperes or 50 watts of power;
 (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;
 (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)  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 2.  Section 1305.003, Occupations Code, as amended
 by this Act, applies only to a design, installation, erection,
 repair, or alteration that begins on or after the effective date of
 this Act. A design, installation, erection, repair, or alteration
 that begins before that date is governed by the law in effect
 immediately before the effective date of this Act, and the former
 law is continued in effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2019.