Proposed Administrative Rules

Chapter 73. Electricians Program
Proposal File:  July 15, 2019 – Published in the Texas Register: July 26, 2019
Deadline for Public Comment:  August 26, 2019

Underlined text is new language.
[Strikethrough 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, §73.20, regarding the Electricians program.

JUSTIFICATION AND EXPLANATION OF RULES

The rules under 16 TAC, Chapter 73 implement Texas Occupations Code, Chapter 1305, Electricians. The proposed amendments remove the restriction on the number of hours of on-the-job experience an applicant for any electrical license may claim within a given year. The existing rule allows applicants to claim no more than 2,000 hours of on-the-job experience annually. The proposed amendments are necessary to remove this limit and allow the Department to credit applicants for all on-the-job experience earned by an applicant.

The proposed amendments were presented to and discussed by the Electrical Safety and Licensing Advisory Board at its meeting on December 4, 2018.  The Advisory Board did not make any changes to the proposed rules.  The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION–BY–SECTION SUMMARY

The proposed amendments to TAC §73.20 remove the restriction on the maximum number of hours of on-the-job experience that may be earned within a year. Subsection (c) of the existing rule is repealed, thus removing the 2,000-hour limitation. Subsection (d) of the existing rule would become subsection (c).

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Tony Couvillon, Policy Research and Budget Analyst has determined that for each year of the first five years the proposed amendments 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 amendments.

Mr. Couvillon has determined that for each year of the first five years the proposed amendments are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed amendments.

LOCAL EMPLOYMENT IMPACT STATEMENT

Mr. Couvillon has determined that the proposed amendments 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. Couvillon also has determined that for each year of the first five-year period the proposed amendments are in effect, the public will benefit from a likely increase in the number of persons able to become licensed as electricians. Applicants for electrical licenses will benefit by being allowed to claim all hours of on-the-job experience earned in a given year.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Mr. Couvillon has determined that for each year of the first five-year period the proposed amendments are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed amendments.

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 amendments.  Since the agency has determined that the proposed amendments 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, is 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).

The proposed amendments do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

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

(1) The proposed amendments do not create or eliminate a government program.
(2) Implementation of the proposed amendments does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of the proposed amendments does not require an increase or decrease in future legislative appropriations to the agency.
(4) The proposed amendments do not require an increase or decrease in fees paid to the agency.
(5) The proposed amendments do not create a new regulation.
(6) The proposed amendments do repeal an existing regulation. Subsection (c) of the rule, which restricts the number of hours of on-the-job experience that may be earned within a given year, is repealed.
(7) The proposed amendments do not increase or decrease the number of individuals subject to the rule's applicability.
(8) The proposed amendments do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The Department has determined that no private real property interests are affected by this proposal and this proposal does not restrict, limit, or impose a burden on an owner’s rights to his or her private real property that would otherwise exist in the absence of government action.  As a result, this proposal does not constitute a taking or require a takings impact assessment under Government Code §2007.043.

PUBLIC COMMENTS

Comments on the proposal may be submitted to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: 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 Texas Commission of Licensing and Regulation (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.

§73.20. Licensing Requirements--Applicant and Experience Requirements.

(a) (No change.)

(b) (No change.)

[(c) For purposes of this chapter, 2,000 hours of on the job training shall be the maximum that may be earned within one year.]

(c)[(d)] Each applicant must meet the applicable eligibility requirements as set forth in Texas Occupations Code, §§1305.153-1305.1618.

REVIEW BY AGENCY COUNSEL

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 July 15, 2019.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation