Justification for Adoption of Electrician Licensing Administrative Rule Review
Chapter 73. Electricians
(effective March 15, 2017)
The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code (TAC), Chapter 73, relating to Electricians. The Notice of Intent to Review was published in the December 16, 2016, issue of the Texas Register (41 TexReg 9984). The public comment period closed on January 17, 2017.
Texas Government Code, §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing Electricians under Occupations Code, Chapter 1305, are scheduled for this four-year review.
The Department has reviewed these rules and has determined that the rules are still essential in implementing the statutory provisions of Occupations Code, Chapter 1305, Electricians. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the rules detail the licensing requirements, responsibilities, insurance requirements and the fees that are specific to this program.
The Department received thirty public comments in response to the Notice of Intent to Review. Two commenters had not received their license as of yet. One commenter wanted to know if this process would affect his license. One commenter would like a grandfather option to be considered for a certain license. One commenter informed the Department that the license had expired but would renew once the doctor released them. One commenter said “no.” One commenter informed us that they accidentally answered a question incorrectly on the application. One commenter does not think the rules are beneficial to the industry and the exam for the residential appliance installer license does not seem relevant to the job duties. One commenter suggested allowing another professional to sign off on the Master Electrician supervision. One commenter would like to see the supervision requirement removed and replaced with relevant work experience. One commenter wanted clarity on why the “nccer” supersedes the journeyman license. One commenter had a question about renewals. One commenter recommended having licensed electricians have a business in their name. One commenter would like the continuing education hours to be increased. One commenter had complaints about unlicensed businesses using Google ads. One commenter suggested allowing residential wiremen to be supervised the same as an electrical apprentice. One commenter requested getting rid of the external switch before power enters a sign. One commenter recommended deleting obsolete rules and streamlining processes. One commenter would like sub- categories for the appliance installer license considering the difficulty in testing. One commenter appreciates the program but would like to see more enforcement action against unlicensed personnel. Two commenters requested clarity on what this is. One commenter wanted to know why Texas would not issue him a license based on a license in another state. One commenter provided their new address. One commenter does not think the continuing education requirement is beneficial and would like it removed. One commenter recommended all persons seeking a journeyman license have a valid apprentice license. One commenter would like to see reciprocity granted across all electrician license types across all fifty states. One commenter recommended licenses be valid for three years and increase the required number of continuing education hours. One commenter requested the test. The last commenter requested a waiver be made to the supervision by a master electrician for electrical engineers. These comments will be taken under consideration as part of any possible rule changes in the future.
At its meeting on March 1, 2017, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC, Chapter 73, Electricians, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
The rules are re-adopted by the Commission in accordance with Texas Government Code §2001.039. This concludes the review of 16 TAC, Chapter 73, Electricians.
Issued in Austin, Texas on March 15, 2017.
Brian E. Francis
Texas Department of Licensing and Regulation