Justification for Administrative Rule Adoption

Electricians
16 TAC Chapter 73, §§73.10, 73.20, 73.25, 73.26, 73.51 - 73.54, 73.60, 73.65, 73.70, and 73.80

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code, (TAC), Chapter 73, §§73.10, 73.20, 73.25, 73.26, 73.51 - 73.54, 73.60, 73.65, 73.70, and 73.80 regarding the electricians program as published in the October 7, 2011, issue of the Texas Register (36 TexReg 6595), without changes, and will not be republished. The adoption takes effect March 15, 2012.

The amended rules are necessary to implement Senate Bill 1630 and House Bill 1625, 82nd Legislature, Regular Session (2011) and changes recommended by the Electrical Safety and Licensing Advisory Board. A summary of each amended rule was included in the notice of proposed rules published in the October 7, 2011, issue of the Texas Register (36 TexReg 6595).

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed amendments were published in the October 7, 2011, issue of the Texas Register. The 30-day public comment period closed on November 7, 2011. The Department received one comment from the following interested party: Cameron Management. The Electrical Safety and Licensing Advisory Board (Advisory Board) met on November 16, 2011, to review public comments.

The amendments to §73.10 delete unnecessary and outdated language from the rules in conjunction with the Advisory Board’s recommendation for rule simplification and statutory changes in the Business and Commerce Code and Texas Occupations Code, Chapter 1305.

The amendments to §73.20(a)(3) add a requirement to document proof of ownership of a business to clarify who owns the business and §73.20 further deletes a portion of this rule requiring that on the job training must be established by letters setting out dates of employment. These changes were recommended by the Advisory Board in an effort to simplify and clarify the rules.

The amendments to §73.25 addresses the statutory changes to Texas Occupations Code, Chapter 1305 implemented by House Bill 1625, 82nd Legislature, Regular Session (2011). This rule change requires electrical sign apprentices take continuing education or in the alternative be enrolled in an approved apprentice training program as mandated by statute.

The amendments to §73.26 simplifies the current standards by requiring that a master electrician or master sign electrician provide verifiable documentation of the on-the-job training hours of an applicant. The Advisory Board recommended that this was unnecessary to require in rule. Additionally, in an effort to simplify the rules, rules allowing unlicensed individuals to verify experience gained before September 1, 2004 have been stricken.

The one commenter to the proposed rules advocated leaving provisions under §73.26 that allow an unlicensed supervisor to verify work experience gained before September 2004. The Advisory Board felt that enough years have passed to sufficiently allow any industry participants working before the licensing act to get appropriate credit for their work experience and recommended no changes be made to the rule based on this comment. The Commission agrees and therefore no changes were made.

The amendments to §73.53 adds residential appliance installation work to mirror the existing language for electrical and electrical sign work. Sections 73.51(e), 73.52(e), and 73.54(d) repeal the date of July 1, 2010, for this reference in date is no longer necessary. In an effort towards rule simplification, this unnecessary language is deleted.

The amendments to §73.60 adds electrical sign contracting and residential appliance installation contracting to mirror the existing standards for electrical contractors. Also for rule simplification, §73.65(b) and (c) have been deleted, for these provisions are provided for in statute.

The amendments to §73.70(f) deletes the duty of a licensee to inform a client of the facts that give rise of the duty to withdraw. For the purposes of rule simplification, the Advisory Board felt this was unnecessary.

The amendments to §73.80(12) reduces the residential appliance installation contractor fee from $125 to $115 to reflect the actual cost of the program.

The amendments are adopted under Texas Occupations Code, Chapters 51 and 1305, which authorizes the Commission, the Department’s governing body, to adopt rules as necessary to implement this chapter or a law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the adoption.

§73.10. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Assumed name--A name used by a business as defined in the Business and Commerce Code.

(2) Business affiliation--The business organization to which a master licensee may assign his or her license.

(3) Employee--An individual who performs tasks assigned to him by his employer. The employee is subject to the deduction of social security and federal income taxes from his pay. An employee may be full time, part time, or seasonal.

(4) Employer--One who employs the services of employees, pays their wages, deducts the required social security and federal income taxes from the employee’s pay, and directs and controls the employee’s performance.

(5) Filed--A document is deemed to have been filed with the department on the date that the document has been received by the department or, if the document has been mailed to the department, the date a postmark is applied to the document by the U.S. Postal Service.

(6) General Supervision--Exercise of oversight by a master electrician on behalf of an electrical contractor, or electrical sign contractor, or by a master sign electrician on behalf of an electrical sign contractor of performance by all classes of electrical licensees of electrical work bearing responsibility for the work’s compliance with applicable codes under Texas Occupations Code, Chapter 1305.

(7) On-Site Supervision--Exercise of supervision of electrical work or electrical sign work by a licensed individual other than an electrical apprentice. Continuous supervision of an electrical apprentice is not required, though the on-site supervising licensee is responsible for review and inspection of the electrical apprentice’s work to ensure compliance with any applicable codes or standards.

(8) Electrical Contractor--A person, or entity, licensed as an electrical contractor, that is in the business of performing "Electrical Contracting" as defined by Texas Occupations Code, §1305.002(5).

(9) Master Electrician--An individual, licensed as a master electrician, who on behalf of an electrical contractor, electrical sign contractor, or employing governmental entity, performs "Electrical Work" as defined by Texas Occupations Code, §1305.002(11).

(10) Journeyman Electrician--An individual, licensed as a journeyman electrician, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity, while performing "Electrical Work" as defined by Texas Occupations Code, §1305.002(11).

(11) Electrical Apprentice--An individual, licensed as an apprentice who works under the on-site supervision of a master electrician, journeyman electrician, or residential wireman, on behalf of an electrical contractor or employing governmental entity performing "Electrical Work" as defined by Texas Occupations Code, §1305.002(11).

(12) Electrical Sign Contractor--A person, or entity, licensed as an electrical sign contractor, that is in the business of performing "Electrical Sign Contracting" as defined by Texas Occupations Code, §1305.002(9).

(13) Master Sign Electrician--An individual, licensed as a master sign electrician, who, on behalf of an electrical sign contractor, performs "Electrical Sign Work" as defined in paragraph (18).

(14) Journeyman Sign Electrician--An individual, licensed as a journeyman sign electrician, who works under the general supervision of a master electrician or a master sign electrician, on behalf of an electrical sign contractor, while performing “Electrical Sign Work” as defined in paragraph (18).

(15) Residential Wireman--An individual, licensed as a residential wireman, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity, while performing electrical work that is limited to electrical installations in single family and multifamily dwellings not exceeding four stories, as defined by Texas Occupations Code, §1305.002(13).

(16) Maintenance Electrician--An individual, licensed as a maintenance electrician, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity while performing “Electrical Maintenance Work” as defined in paragraph (17).

(17) Electrical Maintenance Work--The replacement, or repair of existing electrical appurtenances, apparatus, equipment, machinery, or controls used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises. All replacements or repairs must be of the same rating and type as the existing installation. No improvements may be made that are necessary to comply with applicable codes under Texas Occupations Code, Chapter 1305. Electrical maintenance work does not include the installation of any new electrical appurtenances, apparatus, equipment, machinery, or controls beyond the scope of any existing electrical installation.

(18) Electrical Sign Work--Any labor or material used in manufacturing, installing, maintaining, extending, connecting or reconnecting an electrical wiring system and its appurtenances, apparatus or equipment used in connection with signs, outline lighting, awnings, signals, light emitting diodes, and the repair of existing outdoor electric discharge lighting, including parking lot pole lighting. This also includes the installation of an electrical service integral to an isolated sign and/or outline lighting installation.

(19) Work Involved in the Manufacture of Electrical Equipment--Work involved in the manufacture of electrical equipment includes on and off-site manufacture, commissioning, testing, calibration, coordination, troubleshooting, evaluation, repair or retrofits with components of the same ampacity, maintenance and servicing of electrical equipment within their enclosures performed by authorized employees, or authorized representatives of electrical equipment manufacturers and limited to the type of products they manufacture.

(20) Electrical Sign Apprentice--An individual, licensed as an electrical sign apprentice who works under the on-site supervision of a master electrician, a master sign electrician, or a journeyman sign electrician, on behalf of an electrical sign contractor performing "Electrical Sign Work” as defined by this chapter.

(21) On-the-job Training--Training or experience gained under the supervision of an appropriate licensee, as prescribed by Texas Occupations Code Chapter 1305, while performing electrical work as defined by Texas Occupations Code, §1305.002(11).

(22) Residential Appliance Installer--An individual, licensed as a residential appliance installer, who on behalf of a residential appliance installation contractor, performs electrical work that is limited to residential appliance installation including pool-related electrical installation and maintenance as defined by Texas Occupations Code, §1305.002(12-b).

(23) Residential Appliance Installation Contractor--A person or entity licensed as a residential appliance installation contractor, that is in the business of residential appliance installation including pool-related electrical installation and maintenance as defined by Texas Occupations Code §1305.002(12-d).

(24) Residential Appliance--Electrical equipment that performs a specific function, and is installed as a unit in a dwelling by direct connection to an existing electrical circuit, such as water heaters, kitchen appliances, or pool-related electrical device. The term does not include general use equipment such as service equipment, other electrical power production sources, or branch circuit overcurrent protection devices not installed in the listed appliance or listed pool-related electrical device.

(25) Offer to perform--To make a written or oral proposal, to contract in writing or orally to perform electrical work or electrical sign work, to advertise in any form through any medium that a person or business entity is an electrical contractor, electrical sign contractor, or residential appliance installation contractor or that implies in any way that a person or business entity is available to contract for or perform electrical work, electrical sign work, or residential appliance installation work.

(26) Electro Mechanical Integrity--The condition of an electrical product, electrical system, or electrical equipment installed in accordance with its intended purpose and according to standards at least as strict as the standards provided by the National Electrical Code, the manufacturer's specifications, any listing or labeling on the product, and all other applicable codes or ordinances.

§73.20. Licensing Requirements--Applicant and Experience Requirements.

(a) An applicant for a license must submit the required fees with a completed application and the appropriate attachments:

(1) Applicants for Master Electrician, Master Sign Electrician, Journeyman Electrician, Journeyman Sign Electrician, Residential Wireman, and Maintenance Electrician licenses must submit documentation proving the required amount of on-the-job-training.

(2) Applicants for contractor’s licenses must submit proof of general liability insurance and either workers’ compensation insurance or a certificate of authority to self insure, or a statement that the applicant has elected not to obtain workers’ compensation insurance pursuant to Subchapter A, Chapter 406, Labor Code, with the initial and renewal applications.

(3) Applicants for contractor’s licenses must submit proof of ownership of the business entity and provide documentation of the sponsoring master licensee in a manner prescribed by the department.

(b) An applicant must complete all requirements within one year of the date the application is filed.

(c) For purposes of this chapter, 2,000 hours of on the job training shall be the maximum that may be earned within one year.

(d) Each applicant must meet the applicable eligibility requirements as set forth in Texas Occupations Code, §§1305.153-1305.1618.

§73.25. Continuing Education.

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.

(b) For each renewal, an electrical apprentice, electrical sign apprentice, journeyman electrician, master electrician, journeyman sign electrician, master sign electrician, residential wireman, or maintenance electrician must complete four hours of continuing education in:

(1) the National Electrical Code, as adopted under Title 8, Occupations Code §1305.101, or the current version of the National Electrical Code, as approved by the National Fire Protection Association (NFPA);

(2) state law and rules that regulate the conduct of licensees; and

(3) safety as defined in the National Fire Protection Association (NFPA) 70E.

(c) In lieu of taking four hours of continuing education as required in subsection (b), an electrical apprentice or electrical sign apprentice may enroll in a department-registered apprenticeship training program.

(d) In the case of timely renewal, the continuing education hours must have been completed, or enrollment must have occurred in a department-registered apprenticeship training program, within the term of the current license. For a late renewal, the continuing education hours must have been completed, or enrollment must have occurred in a department-registered apprenticeship training program, within one year prior to the date of renewal.

(e) A licensee may not receive continuing education credit for attending the same course more than once.

(f) A licensee shall retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee’s records to determine compliance with this subsection.

(g) To be approved under Chapter 59 of this title, a provider’s course must be dedicated to instruction in:

(3) safety as defined in the National Fire Protection Association (NFPA) 70E.

(h) To register an apprenticeship training program with the department, a program must:

(1) file a completed application in a form approved by the department;

(2) provide proof to the department that the program is:

(A) recognized by the Texas Workforce Commission or the Texas Higher Education Coordinating Board;

(B) registered with the United States Department of Labor; or

(C) a competency-based standardized craft-training program that meets the training program standards of the United States Department of Labor Office of Apprenticeship; and

(3) pay the required application fee shown in §73.80.

(i) A department-registered apprentice training program must maintain the following documents for 24 months after a participant is no longer enrolled in the program:

(1) participant’s program application;

(2) proof of participant’s program completion;

(3) participant’s leave of absence, resignation or termination; and

(4) other documentation effecting participant’s enrollment.

(j) A department-registered apprentice training program must submit to the department proof of a participant’s change in enrollment status within two days of the change. The proof must be in a form approved by the department.

(k) A department-registered apprentice training program must comply with the requirements of the Act and this chapter and must maintain the requirement of subsection (h)(2).

(l) A department-registered apprentice training program must annually notify the department, in a form approved by the department, of its intention to continue as a registered program.

(m) A department-registered apprentice training program must immediately notify the department if it ceases to be registered. The notice must be in a form approved by the department.

(n) The provisions listed in subsections (b), (c), and (d) are effective for electrical sign apprentice licenses that expire on or after September 1, 2012, and all other licenses, that expire on or after September 1, 2010.

§73.26. Documentation of Required On-The-Job Training.

(a) Individual applicants may meet requirements for on-the-job training by providing verified proof, in a form acceptable to the department, showing that the applicant has been supervised for the requisite period by one or more persons licensed by any jurisdiction as a master electrician or master sign electrician as appropriate for the license.

(b) A master electrician or master sign electrician shall provide verifiable documentation of the on-the-job training hours of an applicant they have supervised up on the request of the department. This proof must be submitted in a form acceptable to the department.

§73.51. Electrical Contractors’ Responsibilities.

(a) An electrical contractor shall:

(1) notify the department when a new master electrician of record is assigned to the contractor and notify the department within thirty business days from the date that the master electrician's employment with the contractor ended;

(2) maintain employee records and records of all work performed on its behalf for a period of four years after completion of the work, and shall make those records available to the department at the contractor’s place of business during normal business hours for inspection and copying. If the contractor’s principal place of business is located out of the state of Texas, the department may require the contractor to make records available to the department at its offices in Austin, Texas or another location agreed upon by the department and the contractor.

(b) A person or contractor that performs or offers to perform electrical work shall:

(1) provide safe and proper installation and service, and assure the electro-mechanical integrity of all work and installations are to applicable code;

(2) not misrepresent the need for services, services to be provided, or services that have been provided;

(3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or an entity to contract for services; and

(4) ensure that all of an electrical contractor’s electrical work shall be performed by licensed individuals.

(c) The design of an electrical system shall only be done by a licensed master electrician or design professional as authorized by statute. The design shall not be subcontracted to an unlicensed person, firm or corporation.

(d) A licensed electrical contractor shall display its name and license number on both sides of each vehicle owned or operated by the business and used in the conduct of electrical work. Lettering shall be of a contrasting color and at least two inches in height. The license number shall be preceded by the letters “TECL”.

(e) All advertising by electrical contracting companies designed to solicit electrical business shall include the electrical contractor’s name and license number. This includes business cards. The following advertising does not require the license number:

(1) nationally placed television advertising, in which a statement indicating that license numbers are available upon request is used in lieu of the electrical contractor license number;

(2) telephone book listings that contain only the name, address, and telephone number;

(3) manufacturers’ and distributor's telephone book trade ads identifying an electrical contractor;

(4) telephone solicitations, provided the solicitor states that the contractor complies with licensing requirements of the state. The electrical contractor’s number must be provided upon request;

(5) promotional items of nominal value such as ball caps, tee shirts, and other gifts; or

(6) signs located on the contractor’s permanent business location.

(f) The electrical contractor’s name, address, phone number, and license number shall appear on all proposals, invoices, and written contracts from the contractor. The following information: “Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov/complaints” shall be listed on all proposals, invoices, and written contracts.

(g) A licensed electrical contractor and its designated master electrician of record is responsible for supervision of all licensees performing work on behalf of the contractor to assure compliance with applicable statutes and rules and in particular, standards of conduct set out in this chapter.

(h) An electrical contractor shall not use a license that is not assigned to that contractor.

§73.52. Electrical Sign Contractors’ Responsibilities.

(a) An Electrical Sign Contractor shall:

(1) notify the department when a new master electrician or master sign electrician of record is assigned to the contractor and notify the department within thirty business days from the date that the master electrician's employment with the contractor ended;

(b) A person or contractor that performs or offers to perform electrical sign contracting shall:

(1) provide safe and proper installation and service, and assure the electro-mechanical integrity of all work and installations are to code;

(2) not misrepresent the need for services, services to be provided, or services that have been provided;

(3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or an entity to contract for services; and

(4) ensure that all of an electrical sign contractor’s non-exempt electrical work shall be performed by licensed individuals.

(c) The design of an electrical sign shall only be done by a licensed master electrician, master sign electrician, or design professional as authorized by statute. The design shall not be subcontracted to an unlicensed person, firm or corporation.

(d) A licensed electrical sign contractor shall display its name and license number on both sides of each vehicle owned or operated by the business and used in the conduct of electrical work. Lettering shall be of a contrasting color and at least two inches in height. The license number shall be preceded by the letters “TSCL”.

(e) All advertising by electrical sign contracting companies designed to solicit electrical business shall include the electrical sign contractor’s name and license number. This includes business cards. The following advertising does not require the license number:

(1) nationally placed television advertising, in which a statement indicating that license numbers are available upon request is used in lieu of the electrical sign contractor license number;

(2) telephone book listings that contain only the name, address, and telephone number;

(3) manufacturers’ and distributor’s telephone book trade ads identifying an electrical contractor;

(4) telephone solicitations, provided the solicitor states that the contractor complies with licensing requirements of the state. The electrical sign contractor’s number must be provided upon request;

(5) promotional items of nominal value such as ball caps, tee shirts, and other gifts; and

(6) signs located on the contractor’s permanent business location.

(f) The electrical sign contractor’s name, address, phone number, and license number shall appear on all proposals, invoices, and written contracts from the contractor. The following information: “Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov/complaints” shall be listed on all proposals, invoices, and written contracts.

(g) A licensed electrical sign contractor and its designated master electrician or master sign electrician of record is responsible for supervision of all licensees performing work on behalf of the contractor to assure compliance with applicable statutes and rules and in particular, standards of conduct set out in this chapter.

(h) An electrical sign contractor shall not use a license that is not assigned to that contractor.

§73.53. Responsibilities of All Persons Performing Electrical Work.

All persons must perform non-exempt electrical work, non-exempt electrical sign work , or non-exempt residential appliance installation work in compliance with applicable codes and ordinances. The department will interpret applicable codes and ordinances for purposes of enforcement of the Act.

§73.54. Residential Appliance Installation Contractors’ Responsibilities.

(a) A residential appliance installation contractor shall:

(1) notify the department when a new residential appliance installer of record is assigned to the contractor and notify the department within thirty business days from the date that the residential appliance installer’s employment with the contractor ended;

(2) maintain employee records of all work performed on its behalf for a period of four years after completion of the work, and shall make those records available to the department at the contractor’s place of business during normal business hours for inspection and copying. If the contractor’s principal place of business is located out of the state of Texas, the department may require the contractor to make records available to the department at its offices in Austin, Texas or another location agreed upon by the department and the contractor.

(b) A person or contractor that performs or offers to perform residential appliance installation work shall:

(1) provide safe and proper installation and service, and assure the electro-mechanical integrity of all work and installations are to code;

(2) not misrepresent the need for services, services to be provided, or services that have been provided;

(3) not make a fraudulent promise or false statement to influence, persuade, or induce an individual or an entity to contract for services; and

(4) ensure that all of a residential appliance installation contractor’s non-exempt residential appliance installation work shall be performed by licensed individuals.

(c) A licensed residential appliance installation contractor shall display its name and license number on both sides of each vehicle owned or operated by the business and used in the conduct of residential appliance installation work. Lettering shall be of a contrasting color and at least two inches in height. The license number shall be preceded by the letters “TICL”.

(d) All advertising by residential appliance installation contracting companies designed to solicit residential appliance installation business shall include the residential appliance installation contractor’s name and license number. This includes business cards. The following advertising does not require the license number:

(1) nationally placed television advertising, in which a statement indicating that license numbers are available upon request is used in lieu of the residential appliance installation contractor license number;

(2) telephone book listings that contain only the name, address, and telephone number;

(3) manufacturers’ and distributor’s telephone book trade ads identifying a residential appliance installation contractor;

(4) telephone solicitations, provided the solicitor states that the contractor complies with licensing requirements of the state. The residential appliance installation contractor’s number must be provided upon request;

(5) promotional items of nominal value such as ball caps, tee shirts, and other gifts; and

(6) signs located on the contractor’s permanent business location.

(e) The residential appliance installation contractor’s name, address, phone number, and license number shall appear on all proposals, invoices, and written contracts from the contractor. The following information: “Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov/complaints” or “Regulated by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.tdlr.texas.gov/complaints. TDLR regulation limited to electrical work only.” shall be listed on all proposals, invoices, and written contracts.

(f) A licensed residential appliance installation contractor and its designated residential appliance installer of record is responsible for supervision of all licensees performing work on behalf of the contractor to assure compliance with applicable statutes and rules and in particular, standards of conduct set out in this chapter.

(g) A residential appliance installation contractor shall not use a license that is not assigned to that contractor.

§73.60. Standards of Conduct for Engaging in Electrical Work.

(a) Competency. The licensee shall be knowledgeable of and adhere to the Act, the rules, applicable codes, and all procedures established by the department for licensees. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of all duties and work performed as a licensee.

(b) Integrity. A licensee shall be honest and trustworthy in the performance of all duties and work performed as a licensee, and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission. Acts or practices that constitute threats, coercion, or extortion are prohibited.

(c) Interest. The primary interest of the licensee is to ensure compliance with the Act, the rules, and all applicable codes. The licensee’s position, in this respect, should be clear to all parties concerned while in the performance of all duties and work performed as a licensee.

(d) Specific Rules of Conduct. A licensee shall not:

(1) participate, whether alone or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Act, the rules, or the standards adopted by the commission;

(2) furnish inaccurate, deceitful, or misleading information to the department, a consumer, or other person while engaged in the business of electrical contracting, electrical sign contracting, or residential appliance installation contracting, or performing, or offering to perform non-exempt electrical work; or

(3) engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a licensee.

§73.65. Advisory Board.

Board meetings are called by the presiding officer. Meetings in excess of those mandated by the Act may be authorized by the executive director.

§73.70. Responsibility of Licensee--Standards of Conduct.

(a) An individual licensee must provide all electrical work requiring a license through a licensed contractor, or employing governmental entity.

(b) The licensee shall accurately and truthfully represent to any prospective client or employer, the licensee’s capabilities and qualifications to perform the services to be rendered.

(c) The licensee shall not offer to perform, nor perform, technical services for which the licensee is not qualified by education or experience, without securing the services of another who is qualified.

(d) The licensee shall not evade responsibility to a client or employer.

(e) The licensee shall not agree to perform services if any significant financial or other interest exists that may be in conflict with:

(1) the obligation to render a faithful discharge of such services; or

(2) the service would impair independent judgment in rendering such services.

(f) The licensee should withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client or employer, but then only upon reasonable notice to the client or employer.

(g) The licensed contractor shall not engage in advertising that is false, misleading, deceptive, or which does not clearly display the licensee’s state license number.

(h) The licensee shall not misrepresent the amount or extent of prior education or experience to any employer or client, or to the department.

(i) The licensee shall not hold out as being engaged in partnership or association with any person unless a partnership or association exists in fact.

(j) Licensees must abide by all laws and rules regulating electricians, including the Standards of Conduct set forth in this section, within any geographic location in this state when performing or offering to perform electrical work.

§73.80. Fees.

(a) Application fees:

(1) Master Electrician--$50

(2) Master Sign Electrician--$50

(3) Journeyman Electrician--$35

(4) Journeyman Sign Electrician--$35

(5) Residential Wireman--$25

(6) Maintenance Electrician--$25

(7) Electrical Contractor--$115

(8) Electrical Sign Contractor--$115

(9) Electrical Apprentice--$20

(10) Electrical Sign Apprentice--$20

(11) Residential Appliance Installer--$35

(12) Residential Appliance Installation Contractor--$115

(13) Apprentice Training Program Registration--$100

(b) Renewal fees:

(1) Master Electrician--$50

(2) Master Sign Electrician--$50

(3) Journeyman Electrician--$35

(4) Journeyman Sign Electrician--$35

(5) Residential Wireman--$25

(6) Maintenance Electrician--$25

(7) Electrical Contractor--$115

(8) Electrical Sign Contractor--$115

(9) Electrical Apprentice--$20

(10) Electrical Sign Apprentice--$20

(11) Residential Appliance Installer--$40

(12) Residential Appliance Installation Contractor--$115

(c) Late Renewal Fees. Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(d) Revised or duplicate license fees:

(1) All licenses except as set out below--$25

(2) Electrical Apprentice--$20

(3) Electrical Sign Apprentice--$20

(e) All fees are non-refundable.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on February 24, 2012.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

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