Proposal for Amendments to Electrician Administrative Rules

PROPOSAL FOR AMENDMENTS TO ADMINISTRATIVE RULES
Electricians

Chapter 73. Electricians Program
Proposal Filed: August 3, 2017 – Published in the Texas Register: August 18, 2017
Deadline for Public Comment: September 18, 2017

Underlined text is new language.

[ Strike-thru text ] is deleted language.

The Texas Department of Licensing and Regulation (Department) proposes amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.26, regarding the Electricians program.

The proposed amendments to §73.26 simplify the language of the existing rule and add one substantive provision. Section 73.26(b) currently requires electrical licensees to “provide verifiable documentation of the on-the-job training hours of an applicant they have supervised upon the request of the department.” However, the rule does not provide a date by which the licensee must provide the necessary verification. The proposed amendment to subsection (b) creates a deadline of 30 days for a licensee to verify an applicant’s on-the-job experience. The proposed amendments are necessary to make §73.26 more reader-friendly and to provide clearer guidance to applicants and licensees regarding verification of on-the-job experience.

Brian E. Francis, Executive Director, has determined that for the first five-year period the proposed amendments are in effect, there will be no direct cost to state or local government as a result of enforcing or administering the proposed amendment. There is no estimated loss in revenue to the state as a result of enforcing or administering the proposed amendment.

Mr. Francis also has determined that for each year of the first five-year period the proposed rule is in effect, the public will benefit by having clearer rules and a more predictable time line for verification of applicants’ on-the-job training.

Mr. Francis has determined that for each year of the first five-year period the proposed amendments are in effect, there will be no effect on small or micro-businesses as a result of the proposed new rules. There are no anticipated economic costs to persons who are required to comply with the proposed new rules.

Since the agency has determined that the proposed amendments will have no adverse economic effect on small or micro-businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, pursuant to Texas Government Code §2006.002, is not required.

Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel’s Office, 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.

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.

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

(a) An applicant for a license which requires on-the-job training under Occupations Code Chapter 1305 may verify that he or she has completed on-the-job training by submitting the department’s experience verification form with the license application. [ Individual applicants for licensure as an electrician, sign electrician, or residential appliance installer 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) When an applicant or the department requests verification of on-the-job training of an applicant from a licensee who is authorized by Occupations Code Chapter 1305 to verify on-the-job training, the licensee must provide the verification within 30 calendar days of the request. The licensee must verify only on-the-job training within the licensee’s knowledge. The licensee must verify the dates of on-the-job training, describe the work performed by the applicant, specify the name of the business under which the applicant’s work was performed, and provide any other information required on the department’s form. [ 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. ]

(c) An applicant for a journeyman lineman license must verify that he or she has completed the apprenticeship required by Occupations Code Chapter 1305 by submitting verification in a form acceptable to the department. [ A journeyman lineman applicant may meet the requirements for training in an apprenticeship program or experience requirements for a journeyman lineman by providing verified proof, in a form acceptable to the department. ]

This agency hereby certifies that the proposal 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 3, 2017.

Carla James
Deputy Executive Director
Texas Department of Licensing and Regulation