S.B. No. 1222
 
 
 
 
AN ACT
  relating to the licensing and regulation of residential appliance
  installers and residential appliance installation contractors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1305.002, Occupations Code, is amended
  by amending Subdivision (12-a) and adding Subdivisions (12-b),
  (12-c), (12-d), and (12-e) to read as follows:
               (12-a)  "Residential appliance" means 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 ["Person" means
  an individual].
               (12-b)  "Residential appliance installation" means
  electrical work that is limited to the connection or disconnection
  of a residential appliance 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.
               (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.
               (12-e)  "Residential appliance installer" means a
  person, other than a licensed electrician, who is licensed to
  perform residential appliance installation.
         SECTION 2.  Subsection (a), Section 1305.003, 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;
               (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;
  [and]
               (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)  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.
         SECTION 3.  Subsection (a), Section 1305.102, Occupations
  Code, is amended to read as follows:
         (a)  The executive director shall adopt rules for the
  licensing of electricians, sign electricians, electrical sign
  contractors, [and] electrical contractors, residential appliance
  installers, and residential appliance installation contractors as
  prescribed by this chapter.
         SECTION 4.  Section 1305.15l, Occupations Code, is amended
  to read as follows:
         Sec. 1305.151.  LICENSE REQUIRED.  Except as provided by
  Section 1305.003, a person or business may not perform or offer to
  perform electrical work or residential appliance installation
  unless the person or business holds an appropriate license issued
  or recognized under this chapter.
         SECTION 5.  Subchapter D, Chapter 1305, Occupations Code, is
  amended by adding Sections 1305.1617 and 1305.1618 to read as
  follows:
         Sec. 1305.1617.  RESIDENTIAL APPLIANCE INSTALLER.  An
  applicant for a license as a residential appliance installer must
  pass a residential appliance installer examination administered
  under this chapter.
         Sec. 1305.1618.  RESIDENTIAL APPLIANCE INSTALLATION
  CONTRACTOR. (a)  An applicant for a license as a residential
  appliance installation contractor must:
               (1)  be licensed under this chapter as a residential
  appliance installer or employ a person licensed under this chapter
  as a residential appliance installer;
               (2)  establish proof of financial responsibility in the
  manner prescribed by the executive director; and
               (3)  maintain workers' compensation coverage for the
  contractor's employees through an insurance company authorized to
  engage in the business of insurance in this state or through
  self-insurance, or elect not to obtain workers' compensation
  coverage, as provided by Subchapter A, Chapter 406, Labor Code.
         (b)  A person who holds a residential appliance installer's
  license issued or recognized under this chapter may only be
  assigned to a single residential appliance installation
  contractor, unless the residential appliance installer owns more
  than 50 percent of the residential appliance installation
  contracting business.
         SECTION 6.  Subsection (a), Section 1305.166, Occupations
  Code, is amended to read as follows:
         (a)  An electrical contractor, [and] electrical sign
  contractor, and residential appliance installation contractor
  shall display the contractor's business name and the number of the
  license issued by the executive director on each vehicle owned by
  the contractor.
         SECTION 7.  Subsection (a), Section 1305.201, Occupations
  Code, is amended to read as follows:
         (a)  This chapter does not prohibit a municipality or region
  from regulating electricians or residential appliance installers
  by:
               (1)  enacting an ordinance requiring inspections;
               (2)  offering examinations;
               (3)  issuing municipal or regional licenses; or
               (4)  collecting permit fees for municipal or regional
  licenses and examinations from electricians and appliance
  installers for work performed in the municipality or region.
         SECTION 8.  (a)  The Texas Department of Licensing and
  Regulation shall issue a residential appliance installer license
  without examination to a qualified applicant under this section
  who:
               (1)  applies for a license under this section not later
  than June 1, 2008;
               (2)  submits to the department information required by
  rules adopted under this section;
               (3)  meets the experience requirement in Subsection (b)
  of this section; and
               (4)  pays the application fee.
         (b)  An applicant for a license under this section is
  required to have completed at least 4,000 hours of electrical work
  or residential appliance installation under the supervision of a
  master electrician.
         SECTION 9.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2007.
         (b)  The change in law made by this Act by the amendment of
  Section 1305.151, Occupations Code, takes effect March 1, 2008.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1222 passed the Senate on
  April 18, 2007, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 17, 2007, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1222 passed the House, with
  amendment, on May 11, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor