Justification for Adoption of Electrician Licensing Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION

Electricians

16 TAC Chapter 73, amendments to §73.100

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.100, regarding the Electricians program, with changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2619). The rule will be republished.

The Texas Electrical Safety and Licensing Act, §1305.101(a), requires the Commission to adopt, every three years, the revised National Electrical Code (NEC) as the electrical code for the state. The previous rule referenced the 2014 edition of the NEC. The 2017 edition of the NEC was approved by the National Fire Protection Association on August 24, 2016. The adopted amendments are necessary to update the reference to the 2017 edition of the NEC.

The adopted amendments to §73.100 updates the date and code edition for the National Electrical Code. An editorial change is also made for consistency.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 19, 2017, issue of the Texas Register (42 TexReg 2619). The deadline for public comments was June 20, 2017. The Department received a comment from one individual on the proposed rules during the 30-day public comment period.

Comment--The commenter had questions regarding the journeyman electrician test he took and reciprocity when he relocates.

Department Response--The comment was forwarded to the licensing division for response. The Department did not make any changes to the proposed rules based on this comment.

The Electrical Safety and Licensing Advisory Board (Board) met on July 7, 2017, to discuss the proposed amendments and the public comment received. The board recommended adopting the proposed amendments without changes. At its meeting on August 18, 2017, the Commission adopted the proposed rules with changes to the effective date of the Code due to filing requirements.

The amendments are adopted under Texas Occupations Code, Chapters 51 and 1305, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other 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 proposal.

  • 73.100. Technical Requirements.

Effective September 15, 2017, the department adopts the National Electrical Code, 2017 Edition as it existed on August 24, 2016, as adopted by the National Fire Protection Association, Inc.

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 August 23, 2017.

Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation