1. Continuing Education for Texas Electrician License Renewal State of Texas Law: Title 8, Occupations Code Chapter 1305 NOTE: This presentation contrasts sample summaries of the law with their original legal text. These summaries are designed to help teach the law, but other methods of presentation may be equally good, or better. Also note that many sections of the legal text have so much information that they may be very difficult to grasp (especially if all the text is on the same slide). Please remember that one of the provider’s major objectives is “to ensure that courses are delivered in a manner conducive to learning.“ Sample Presentation by the Texas Department of Licensing and Regulation

2. General Overview: Since September 1, 2003, Texas electricians are required to be licensed by the Texas Department of Licensing and Regulation (TDLR). Four hours of continuing education is required for license renewal. Continuing education should cover the National Electrical Code (NEC), and the state laws and rules. ► Texas’ law governing electricians is also known as Title 8, Occupations Code, Chapter 1305. ► Texas’ administrative rules addressing electricians are 16 Texas Administrative Code, Chapter 73. The law and rules can be found on TDLR’s web site: http://www.license.state.tx.us/electricians/elec.htm Subscribe to the list server for all updated information: http://www.license.state.tx.us/newsletters/TDLRnotificationLists.asp/

3. Summary of Section 1305.167 Sec. 1305.167 lists general license renewal requirements for Texas electricians (not including continuing education). General License renewal requirements include: ► Licenses are only good for one year; renewal is annual and requires a fee; ► Licenses which do not renew annually will have a prorated fee that year only; ► The department will send out a renewal notice no later than 30 days before the renewal is due; and ► Late renewals under ninety days require the renewal fee plus one half the original license fee; from ninety days to two years the fee is the same as the original license, plus the applicable late fees. If the license is not renewed within two years, the individual has to start the license process all over again.

4. 1305.167 Text Sec. 1305.167. License Renewal. Except as provided by Subsection (b), a license expires annually on December 31 and may be renewed annually on payment of the required renewal fee. (b) The executive director by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, renewal fees payable on or before December 31 shall be prorated on a monthly basis so that each license holder pays only that portion of the renewal fee that is applicable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total renewal fee is due. (c) Not later than the 30th day preceding the expiration date of a person's license, the department shall notify the person in writing, at the person's last known mailing address, of the impending license expiration. A person may renew an unexpired license by paying to the department, before the license expiration date, the required renewal fee. (d) A person whose license has been expired for 90 days or less may renew the license by paying to the department the required renewal fee and a late fee in an amount equal to half of the license fee. A person whose license has been expired for more than 90 days but less than two years may renew the license by paying to the department all unpaid renewal fees and a late fee in an amount equal to the license fee. A person whose license has been expired for more than two years may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.

5. Electricians are required to complete 4 hours of continuing education for their annual license renewal. The continuing education must cover the NEC, and the state laws and rules. Please renew using TDLR’s TexasOnline link: www.license.state.tx.us/app_online The continuing education requirements cover: ► master electricians, journeymen electrician, master sign electricians, journeymen sign electrician, maintenance electricians, and residential wiremen license must complete four hours annually; ► the courses must address the NEC (as adopted under Section 1305.101) and state laws and rules; and ► TDLR approves the courses, course content, course providers, and fees. Summary of Section Sec. 1305.168

6. Sec. 1305.168. Continuing Education. (a) To renew a master electrician, journeyman electrician, master sign electrician, journeyman sign electrician, maintenance electrician, or residential wireman license, the license holder must complete four hours of continuing education annually. (b) Continuing education courses that satisfy the requirements of this section must address the National Electrical Code, as adopted under Section 1305.101, and state laws and rules that regulate the conduct of license holders under this chapter. (c) The executive director by rule shall approve continuing education courses, course content, and course providers. The commission may adopt a fee for the administration of the department's duties regarding continuing education. 1305.168 Text

7. Summary of Sec. 1305.101 Section 1305.101 covers TDLR’s general oversight for the electrician program. TDLR is responsible for: ► establishing the financial responsibility requirements for electrical contractors; ► adopting the revised National Electrical Code as the state’s code; ► establishing reciprocity agreements with other states; and ► administering and enforcing this chapter.

8. Sec. 1305.101 Text Sec. 1305.101. General Powers and Duties. (a) The executive director or commission, as appropriate, shall: (1) by rule establish the financial responsibility requirements for electrical contractors; and (2) after publication of the National Electrical Code by the National Fire Protection Association every three years, adopt the revised National Electrical Code as the electrical code for the state. (b) The executive director or commissioner, as appropriate, may: (1) establish reciprocity agreements with other states that have licensing requirements substantially equivalent to the requirements of this chapter; and (2) take other action as necessary to administer and enforce this chapter.

9. Summary of Sec. 1305.102 Section 1305.102 describes the executive director’s duties in the electrician rule-making process. The executive director is responsible for: ► adopting rules for licensing electricians, ► determining the activities for each license category, and ► adopting licensee standards of conduct.

10. Sec. 1305.102. Rules (a) The executive director shall adopt rules for the licensing of electricians, sign electricians, electrical sign contractors, and electrical contractors as prescribed by this chapter. (b) The executive director by rule shall prescribe descriptions of the types of activities that may be performed by each class of license holder under this chapter. (c) The executive director by rule shall adopt standards of conduct requirements for license holders under this chapter. Sec. 1305.102 Text

11. Summary of Sec. 1305.104 Section 1305.104 describes the electrician advisory board’s powers and duties to help administer and enforce the electrician law. The electrician advisory board helps administer and enforce requirements for: ► examinations ► licensing standards ► electrical code requirements, and ►continuing education requirements

12. Sec. 1305.104 Text Sec. 1305.104. Powers and Duties of Advisory Board. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, electrical code requirements, and continuing education requirements.

13. Summary of Sec. 1305.051 Section 1305.051 describes the background requirements for the 9 people on the electrical advisory board. Section 1305.051 covers the 9 member advisory board’s composition, states they are appointed by the commission’s presiding officer, and approved by the commission. Membership should include: ► 3 master electrician members, ► 3 journeyman electrician members, and ► 3 public members. Advisory board members must include: ► 2 from non-labor statewide electrical contractors’ associations, ► 3 who are not part of a labor organization, ► 1 who is not part of a statewide contractor or labor group, and ► 1 member of a historically underutilized business. A licensed electrical engineer or an electrical inspector may be appointed as a public member of the advisory board. Appointment to the advisory board shall be non-discriminatory.

14. Sec. 1305.051 Text Sec. 1305.051. Electrical Safety And Licensing Advisory Board. (a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows: (1) three master electrician members; (2) three journeyman electrician members; and (3) three public members. (b) The advisory board members must include: (1) two members who are affiliated with a statewide association of electrical contractors not affiliated with a labor organization; (2) three members who are affiliated with a labor organization; (3) one member who is not affiliated with a statewide association of electrical contractors or with a labor organization; and (4) one member who is affiliated with a historically underutilized business, as that term is defined by Section 2161.001, Government Code. (c) A licensed electrical engineer or an electrical inspector may be appointed as a public member of the advisory board. (d) An appointment to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

15. Summary of Sec. 1305.052 Section 1305.052 describes terms and vacancies of the advisory board. Advisory board terms and vacancies are designated as follows: ► members serve terms of six years; 3 terms expire every other year; ► a member may not serve more than two full consecutive terms; ► vacancies are to be filled by the same type of person for the rest of the term.

16. Sec. 1305.051, 1305.052 Text Sec. 1305.051. Electrical Safety And Licensing Advisory Board. (a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows: (1) three master electrician members; (2) three journeyman electrician members; and (3) three public members. (b) The advisory board members must include: (1) two members who are affiliated with a statewide association of electrical contractors not affiliated with a labor organization; (2) three members who are affiliated with a labor organization; (3) one member who is not affiliated with a statewide association of electrical contractors or with a labor organization; and (4) one member who is affiliated with a historically underutilized business, as that term is defined by Section 2161.001, Government Code. (c) A licensed electrical engineer or an electrical inspector may be appointed as a public member of the advisory board. (d) An appointment to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. Sec. 1305.052. Terms; Vacancies. (a) Advisory board members serve terms of six years, with the terms of three members expiring on February 1 of each odd-numbered year. (b) A member may not consecutively serve more than two full terms. (c) If a vacancy occurs during a term, the presiding officer of the commission shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.

17. Summary of Sec. 1305.052 Section 1305.052 discusses the terms and vacancies for the electrical safety and licensing advisory board. The electrician advisory board members serve as follows: ► board members serve 6 year terms; 3 members’ terms expire alternately, ► members may not serve more than two consecutive full terms, and ► the commission’s presiding officer selects qualified replacements.

18. Sec. 1305.052 Text Sec. 1305.052. Terms; Vacancies. (a) Advisory board members serve terms of six years, with the terms of three members expiring on February 1 of each odd-numbered year. (b) A member may not consecutively serve more than two full terms. (c) If a vacancy occurs during a term, the presiding officer of the commission shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.

19. Summary of Sec. 1305.105 Section 1305.105 provides for department administration and enforcement of the law, including oversight by an electrical code specialist.

20. Sec. 1305.105. Personnel The department may employ personnel necessary to administer and enforce this chapter. The department shall employ an electrical occupations and code specialist to oversee the electrical licensing and safety program. Sec. 1305.105 Text

21. Summary of Sec. 1305.251 Section 1305.251 covers the grounds for license denial or disciplinary action. License applications may be denied or disciplinary action under Section 51.353 may be taken if a person violates: ► the electrician law or rules ► the executive director or commission’s rules or orders.

22. Sec. 1305.251 Text Sec. 1305.251. Grounds for Denial or Disciplinary Action. A person is subject to denial of a license application or disciplinary action under Section 51.353 if the person violates: (1)This chapter or a rule adopted under this chapter; or (2)A rule or order of the executive director or commission.

23. Summary of Sec. 1305.252 Section 1305.252 states a municipality or region may request TDLR suspend a license for just cause.

24. Sec. 1305.252 Text Sec. 1305.252. Requested Suspension by Local Government. A municipality or region may request suspension for just cause of the license under this chapter of a license holder working in its jurisdiction.

25. Summary of Sec. 1305.253 Section 1305.253 addresses hearings and administrative procedure. A proposed license denial or disciplinary hearing follows specific legal processes: ► if TDLR proposes to deny a license or take disciplinary action against a license holder, the license holder is entitled to a hearing according to Chapter 2001; ► hearings may be conducted by a hearings officer designated by the commission.

26. Sections 1305.253 Text Sec. 1305.253. Hearings; Administrative Procedure (a)If the department proposes to deny a license or take disciplinary action against a license holder, the license holder is entitled to a hearing. (b)The proceedings relating to a license denial and disciplinary action by the department under this chapter are governed by Chapter 2001, Government Code. A hearing under this chapter may be conducted by a hearings officer designated by the commission.

27. Summary of Sec. 1305.254 Section 1305.254 describes how individuals with revoked licenses may re-apply. A license holder whose license was revoked may apply for a new license one year later.

28. Sec. 1305.254 Text Sec. 1305.254. New Application by Holder of Revoked License. A license holder whose license has been revoked may apply for a new license after the first anniversary of the date of revocation.

29. Summary of Sec. 1305.301 Section 1305.301 addresses administrative penalties against licensees. TDLR penalize any person if that person violates: ► the electrician law or rules; or ► a rule or order of the executive director or commission - but only if that person is provided the opportunity for a hearing.

30. Sec. 1305.301 Text Sec. 1305.301. Administrative Penalty (a)The executive director may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a license under this chapter, if the person violates: (1) this chapter or a rule adopted under this chapter; or (2) a rule or order of the executive director or commission. (b)An administrative penalty may not be imposed unless the person charged with the violation is provided the opportunity for a hearing.

31. Summary of Sec. 1305.302 Section 1305.302 provides legal procedures to ensure public safety, and compliance with state laws and rules. Violating the electricians’ laws and rules may be punished: ► TDLR may act to prevent violations and protect public safety, and ► TDLR or the attorney general may request an injunction or civil penalty.

32. Sec. 1305.302 Text Sec. 1305.302. Cease and Desist Order; Injunction; Civil Penalty. (a)The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action is necessary to prevent a violation of this chapter and to protect public health and safety. (b)The attorney general or the executive director may institute an action for an injunction or a civil penalty under this chapter as provided by Section 51.352.

33. Summary of Sec. 1305.303 Section 1305.303 lists criminal activities subject to criminal penalties. Anyone subject to this law commits an offense if he: ► violates the law’s licensing requirements, ► performs electrical work without a license, ► employs someone who doesn’t have the appropriate license, or ► falsifies on-the-job-training certification. Offenses to this section are Class C misdemeanors.

34. Sec. 1305.303 Text Sec. 1305.303. Criminal Penalty (a)A person subject to this chapter commits an offense if the person: (1) violates the licensing requirements of this chapter; (2) performs electrical work without a license to perform electrical work in this state; (3) employs an individual who does not hold the appropriate license required by this chapter; or (4) falsifies a certification of on-the-job-training. (b) An offense under this section is a Class C misdemeanor.