Proposal for Amendments to Electrician Administrative Rules

Chapter 73. Electricians
Proposal Filed: January 22, 2018 – Published in the Texas Register: February 2, 2018
Deadline for Public Comment: March 5, 2018

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The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 73, §§73.10,73.20,73.24,73.25, and 73.80, regarding the Electricians program.

JUSTIFICATION AND EXPLANATION OF THE RULES

The proposed rules implement changes from House Bill 1698, 85th Legislature, Regular Session (2017), which creates the journeyman industrial electrician license. The proposed rules add a definition, application and renewal fees, continuing education requirements, and address eligibility and waiver of examination requirements for the journeyman industrial electrician license. The proposed rules are necessary to implement House Bill 1698.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §73.10 adds the definition “journeyman industrial electrician”.

The proposed amendments to §73.20 require an applicant for the journeyman industrial electrician license to submit documentation proving the required amount of on-the-job-training.

The proposed amendments to §73.24 allow waiver of the examination requirement for journeyman industrial electricians when applicable.

The proposed amendments to §73.25 require four hours of annual continuing education for journeyman industrial electricians.

The proposed amendments to §73.80 create an application and renewal fee for the journeyman industrial electrician license.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Brian E. Francis, Executive Director, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.

Mr. Francis has determined that for each of the first five years the proposed rules are in effect, there will be an increase in revenues to state government as a result of enforcing or administering the proposed rules. The initial and renewal fees for the journeyman industrial electrician license will be $30.00 each. As a result, the Department expects an increase in revenue of $90 for the first fiscal year; $270 for the second fiscal year; $540 for the third; $900 for the fourth; and $1,350 for the fifth fiscal year.

Mr. Francis has determined that for the first five-year period the proposed rules are in effect, there will be no fiscal implications for local governments as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Francis has determined that the proposed rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.

PUBLIC BENEFITS

Mr. Francis has also determined that for each year of the first five-year period, the proposed rules are in effect, the public will benefit from a more skilled and qualified labor force in the electrical industry.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Francis has determined that for each year of the first five-year period the proposed rules are in effect, there will be economic costs to persons who desire to become journeyman industrial electricians. An individual wishing to become a certified technician pursuant to the provisions of House Bill 1698 and the proposed rules will be required to pay an application fee of $30 and an annual renewal fee of $30. Additionally, journeyman industrial electricians will be required to obtain four hours of continuing education annually.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules.

Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

Under Government Code §2001.0045, a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule. There are exceptions for certain types of rules under §2001.0045(c).

Because the proposed rules are necessary to implement legislation, namely House Bill 1698, the agency is not required to take any further action under Government Code §2001.0045. See Government Code §2001.045(c)(9).

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the rule will be in effect, the agency has determined the following:

(1) The proposed rules do not create or eliminate a government program. These proposed rules implement House Bill 1698, which creates the journeyman industrial electrician license within the Department’s existing Electrical program.

(2) Implementation of the proposed rules will not require the creation of new employee positions or the elimination of existing employee positions.

(3) Implementation of the proposed rules will not require an increase or decrease in future legislative appropriations to the agency.

(4) The proposed rules require an increase in fees paid to the agency. House Bill 1698 requires applicants to prove experience requirements and to pass a Department-developed examination. These requirements necessitate an application and renewal fee for the license.

(5) The proposed rules do not create a new regulation.

(6) The proposed rules expand existing regulations by recognizing and implementing the journeyman industrial electrician license.

(7) The proposed rules do not increase or decrease the number of individuals subject to the rule’s applicability. Persons wishing to obtain the journeyman industrial electrician license may do so, but are not required to by law.

(8) The proposed rules do not adversely affect this state's economy.

PUBLIC COMMENTS

Comments on the proposal may be submitted by mail to Ana Villarreal, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov . The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

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

§73.10. Definitions.

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

(1) - (27) (No change.)

(28) Journeyman Industrial Electrician--An individual who engages in electrical work exclusively at a business that operates a chemical plant, petrochemical plant, refinery, natural gas plant, natural gas treating plan, pipeline, or oil and gas exploration and production operation.

§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, Journeyman Lineman, [ and ] Maintenance Electrician and Journeyman Industrial Electrician licenses must submit documentation proving the required amount of on-the-job-training.

(2) - (4) (No change.)

(b) - (d) (No change.)

§73.24. Licensing Requirements--Waiver of Examination Requirements.

(a) An applicant who is licensed in another state that has entered into a reciprocity agreement with Texas regarding licensure of electricians, sign electricians, journeyman linemen, journeyman industrial electricians [ lineman ], or residential appliance installers may obtain an equivalent license in Texas without passing the examination, provided that all other licensure requirements are met, as defined by Texas Occupations Code, Chapter 1305.

(b) - (c) (No change.)

§73.25. Continuing Education.

(a) (No change.)

(b) For each renewal, an electrical apprentice, electrical sign apprentice, journeyman electrician, master electrician, journeyman sign electrician, master sign electrician, residential wireman, journeyman lineman, [ or ] maintenance electrician, or journeyman industrial 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) - (n) (No change.)

§73.80. Fees.

(a) Application fees:

(1) - (14) (No change.)

(15) Journeyman Industrial Electrician--$30

(b) Renewal fees:

(1) - (13) (No change.)

(14) Journeyman Industrial Electrician--$30

(c) - (e) (No change.)

REVIEW BY AGENCY COUNSEL

This agency hereby certifies that the proposed rules have 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 January 22, 2018.


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