Justification for Adoption of Administrative Rules
JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Electricians Program
16 TAC Chapter, 73, amendments to §73.100.
The Texas Department of Licensing and Regulation (Department) 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 April 10, 2020, issue of the Texas Register (45 TexReg 2400).
EXPLANATION OF AND JUSTIFICATION FOR THE RULE
The rules under 16 TAC, Chapter 73, implement Texas Occupations Code, Chapter 1305, Electricians.
The adopted rule is necessary to adopt the 2020 National Electrical Code (NEC), as required by statute. The Texas Electrical Safety and Licensing Act, §1305.101(a), requires the Commission to adopt, every three years, the revised NEC as the electrical code for the state. The current rule references the 2017 edition of the NEC. The 2020 edition of the NEC was approved by the National Fire Protection Association on August 25, 2019.
SECTION-BY-SECTION SUMMARY
The adopted rule amends §73.100 by adopting the 2020 edition of the NEC. Changes were made to this rule to make the NEC effective on November 1, 2020, and to state that 2020 NEC was “approved” by the National Fire Protection Association, Inc., rather than “adopted” by the organization.
PUBLIC COMMENTS
The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the April 10, 2020, issue of the Texas Register (45 TexReg 2400). The deadline for public comments was May 11, 2020. The Department received comments from 12 interested parties on the proposed rule during the 30-day public comment period. The public comments are summarized below.
Comment: Three commenters expressed approval of the proposed rule as published.
Department Response: The Department appreciates the comments. The Department did not make any changes to the proposed rule in response to this comment.
Comment: One commenter recommended changing the proposed rule to delay the effective date of the 2020 NEC until either the next calendar or fiscal year.
Department Response: The Department appreciates the comment. The Department delayed the effective date of the NEC in response to this and similar comments.
Comment: One commenter recommended changing the proposed rule to delay the effective date of the 2020 NEC until December 15, 2020.
Department Response: The Department appreciates the comment. The Department delayed the effective date of the NEC in response to this and similar comments.
Comment: One commenter recommended a change to the proposed rule to state that the National Fire Protection Association “approved,” rather than “adopted,” the National Electrical Code. The commenter also recommended changing “National Electrical Code” to “NFPA 70 – 2020 National Electrical Code.”
Department Response: The Department appreciates the comment. The Department changed the proposed rule to replace the word “adopted” with “approved.”
Comment: One commenter recommended that the Department stay one code cycle behind in adopting the NEC.
Department Response: The Department is required by statute to adopt the current version of the NEC. The Department did not make any changes to the proposed rule in response to this comment.
Comment: One commenter requested changes to the Department’s fiscal impact analysis.
Department Response: The Department appreciates the comment. The Department did not make any changes to the proposed rule in response to this comment.
Comment: One commenter asked a question about examination requirements during the COVID-19 crisis.
Department Response: The question was forwarded to Department staff. The Department did not make any changes to the proposed rule in response to this comment.
Comment: One commenter requested assistance with scheduling an examination.
Department Response: The request was forwarded to Department staff. The Department did not make any changes to the proposed rule in response to this comment.
Comment: One commenter recommended statutory changes unrelated to the proposed rule.
Department Response: This comment was not relevant to the present rulemaking. The Department did not make any changes to the proposed rule in response to this comment.
Comment: One commenter accused the Department of accepting bribes in connection with its adoption of the 2020 NEC.
Department Response: The Department disagrees with this comment. The Department did not make any changes to the proposed rule in response to this comment.
ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION
The Electrical Safety and Licensing Advisory Board met on June 11, 2020, to discuss the proposed rule and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rule with changes. Most notably, the Advisory Board recommended an effective date of December 15, 2020, rather than the published effective date of September 1, 2020. At its meeting on June 30, 2020, the Commission agreed that an effective date of November 1, 2020, would be a suitable compromise between the published effective date and the effective date recommended by the Advisory Board. The Commission agreed that delaying the effective date until November 1, 2020, would protect against supply chain disruptions caused by the COVID-19 crisis while ensuring the greater health and safety protections of the 2020 NEC were in place reasonably soon.
STATUTORY AUTHORITY
The adopted rule is 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.
More specifically, Section 1305.101(a)(2) requires the Commission to adopt, every three years, the revised National Electrical Code as the electrical code for the state.
The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the adopted rule.
- 73.100. Technical Requirements.
Effective November 1, 2020, the department adopts the 2020 National Electrical Code as approved by the National Fire Protection Association, Inc. on August 25, 2019.
REVIEW BY AGENCY COUNSEL
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.
Filed with the Office of the Secretary of State, on July 10, 2020.
Brad Bowman
General Counsel
Texas Department of Licensing and Regulation