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					                                     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
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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
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                                               Sample Presentation by the
         Texas Department of Licensing and Regulation
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/
                                   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.
                                                                         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.
                Summary of Section Sec. 1305.168

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.
                                                            1305.168 Text




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.
                            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.
                                                 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.
                               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.
                                                       Sec. 1305.102 Text




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.
                              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
                                        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.
                              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.
                                                  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.
                                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.
                                      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.
                                     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.
                                              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.
                     Summary of Sec. 1305.105




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




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.
                                 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.
                                                       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.
                              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.
                                              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.
                             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.
                                                   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.

				
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