reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.154. Master Sign Electrician

Sec. 1305.154.  MASTER SIGN ELECTRICIAN.  An applicant for a license as a master sign electrician must:
(1)  have at least 12,000 hours of on-the-job training under the supervision of a master sign electrician;  and
(2)  pass a master sign electrician examination administered under this chapter.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.155. Journeyman Electrician

Sec. 1305.155.  JOURNEYMAN ELECTRICIAN.  An applicant for a license as a journeyman electrician must:
(1)  have at least 8,000 hours of on-the-job training under the supervision of a master electrician;  and
(2)  pass a journeyman electrician examination administered under this chapter.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.156. Journeyman Sign Electrician

Sec. 1305.156.  JOURNEYMAN SIGN ELECTRICIAN.  An applicant for a license as a journeyman sign electrician must:
(1)  have at least 8,000 hours of on-the-job training under the supervision of a master sign electrician;  and
(2)  pass a journeyman sign electrician examination administered under this chapter.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.157. Residential Wireman

Sec. 1305.157.  RESIDENTIAL WIREMAN.  An applicant for a license as a residential wireman must:
(1)  either:
(A)  have at least 4,000 hours of on-the-job training under the supervision of a master electrician or residential wireman; or
(B)  successfully complete a career and technology education program described by Section 1305.1575; and
(2)  pass a residential wireman examination administered under this chapter.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 402 (H.B. 1391), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.1575. Career and Technology Education Program for Residential Wireman License; Instructors

Sec. 1305.1575.  CAREER AND TECHNOLOGY EDUCATION PROGRAM FOR RESIDENTIAL WIREMAN LICENSE; INSTRUCTORS.  (a)  In this section:
(1)  "Career and technology education program" means:
(A)  a career and technology education program under Subchapter F, Chapter 29, Education Code; or
(B)  a program determined by the department to be similar to that described by Paragraph (A) and offered by:
(i)  an institution of higher education; or
(ii)  a private school, as defined by Section 5.001, Education Code.
(2)  "Institution of higher education" means an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code.
(b)  A person who successfully completes a sequence of courses in the electrical trade that are offered through a career and technology education program may apply for and take an examination for a license as a residential wireman, regardless of whether the person has completed the number of hours of on-the-job training required by Section 1305.157(1).
(c)  The commission by rule shall establish standards for the essential knowledge and skills of a career and technology education program described by Subsection (b), subject to the approval of the State Board of Education if the courses are to be offered in a high school.  The rules must:
(1)  require the program to consist of an appropriate number of hours of classroom instruction and a practical component; and
(2)  provide for crediting appropriate on-the-job training toward meeting the requirements of the practical component.
(d)  A student of any age enrolled in a career and technology education program is eligible to take the sequence of courses described by Subsection (b) without being licensed under this chapter.  This subsection does not authorize a person to perform electrical work without the appropriate license outside of a program described by this section.
(e)  A person may not provide instruction in a program described by this section unless the person is licensed as a master electrician, journeyman electrician, or residential wireman.
(f)  A career and technology education program offered under this section by an institution of higher education may not be more stringent than a program offered by a public high school.
(g)  Hours spent completing a program described by this section may not be credited toward any on-the-job training required to apply for a license under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 402 (H.B. 1391), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.158. Maintenance Electrician

Sec. 1305.158.  MAINTENANCE ELECTRICIAN.  An applicant for a license as a maintenance electrician must:
(1)  have at least 8,000 hours of on-the-job training under the supervision of a master electrician or maintenance electrician;  and
(2)  pass a maintenance electrician examination administered under this chapter.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.159. Electrical Contractor

Sec. 1305.159.  ELECTRICAL CONTRACTOR.  (a)  An applicant for a license as an electrical contractor must:
(1)  be licensed under this chapter as a master electrician or employ a person licensed under this chapter as a master electrician;
(2)  establish proof of financial responsibility in the manner prescribed by the executive director;  and
(3)  maintain workers' compensation coverage for the contractor's employees through an insurance company authorized to engage in the business of insurance in this state or through self-insurance, or elect not to obtain workers' compensation coverage, as provided by Subchapter A, Chapter 406, Labor Code.
(b)  A person who holds a master electrician license issued or recognized under this chapter may only be assigned to a single electrical contractor, unless the master electrician owns more than 50 percent of the electrical contracting business.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.160. Electrical Sign Contractor

Sec. 1305.160.  ELECTRICAL SIGN CONTRACTOR.  (a)  An applicant for a license as an electrical sign contractor must:
(1)  be licensed under this chapter as a master sign electrician or employ a person licensed under this chapter as a master sign electrician;
(2)  establish proof of financial responsibility in the manner prescribed by the executive director;  and
(3)  maintain workers' compensation coverage for the contractor's employees through an insurance company authorized to engage in the business of insurance in this state or through self-insurance, or elect not to obtain workers' compensation coverage, as provided by Subchapter A, Chapter 406, Labor Code.
(b)  A person who holds a master sign electrician license issued or recognized under this chapter may only be assigned to a single electrical sign contractor, unless the master sign electrician owns more than 50 percent of the electrical sign contracting business.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1052 (H.B. 1317), Sec. 5, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.1601. Journeyman Industrial Electrician

Sec. 1305.1601.  JOURNEYMAN INDUSTRIAL ELECTRICIAN.  An applicant for a license as a journeyman industrial electrician must:
(1)  have at least 8,000 hours of on-the-job training as a licensed electrical apprentice under the supervision of a master electrician; and
(2)  pass a journeyman industrial electrician examination administered under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 826 (H.B. 1698), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.1605. Journeyman Lineman

Sec. 1305.1605.  JOURNEYMAN LINEMAN.  (a)  An applicant for a license as a journeyman lineman must:
(1)  have at least:
(A)  7,000 hours of training in an apprenticeship program approved by the United States Department of Labor; or
(B)  3-1/2 years of experience as a journeyman lineman for an electric utility, electric cooperative, municipally owned utility, or electrical contractor in this state; and
(2)  pass a journeyman lineman examination administered under this chapter.
(b)  A journeyman lineman license is not required for:
(1)  a person performing work exempt under Section 1305.003(a)(5); or
(2)  a person who:
(A)  is performing journeyman lineman work;
(B)  possesses a journeyman electrician license; and
(C)  is employed by an institution of higher education, as defined by Section 61.003, Education Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 882 (H.B. 796), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.161. Apprentice; Temporary Apprentice

Sec. 1305.161.  APPRENTICE; TEMPORARY APPRENTICE.  (a)  Except as provided by Subsection (b), an applicant for a license as an electrical apprentice must be at least 16 years of age and be engaged in the process of learning and assisting in the installation of electrical work under the supervision of a licensed master electrician.
(b)  An applicant for a license as an electrical sign apprentice must be at least 18 years of age and be engaged in the process of learning and assisting in the performance of electrical sign work under the supervision of a licensed master sign electrician.
(c)  On the request of an applicant for an apprentice license, the executive director shall issue a temporary apprentice license that expires on the 21st day after the date of issuance to an applicant who meets the qualifications established by the executive director.
(d)  The commission by rule shall set the fee, establish the qualifications, and provide for the issuance of a temporary apprentice license under this section.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1052 (H.B. 1317), Sec. 6, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.1615. Emergency Electrician License

Sec. 1305.1615.  EMERGENCY ELECTRICIAN LICENSE.  (a)  The commission by rule shall establish criteria and procedures for the issuance of an emergency electrician license following a disaster, as that term is defined by Section 418.004, Government Code, to a person licensed as an electrician in another state of the United States.
(b)  An emergency license issued under this section expires on the 90th day after the date of issuance.
(c)  The commission, with the advice of the advisory board, may adopt rules that provide for the extension of an emergency license issued under this section.
Added by Acts 2005, 79th Leg., Ch. 1052 (H.B. 1317), Sec. 7, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.1617. Residential Appliance Installer

Sec. 1305.1617.  RESIDENTIAL APPLIANCE INSTALLER.  An applicant for a license as a residential appliance installer must pass a residential appliance installer examination administered under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 418 (S.B. 1222), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.1618. Residential Appliance Installation Contractor

Sec. 1305.1618.  RESIDENTIAL APPLIANCE INSTALLATION CONTRACTOR.  (a)  An applicant for a license as a residential appliance installation contractor must:
(1)  be licensed under this chapter as a residential appliance installer or employ a person licensed under this chapter as a residential appliance installer;
(2)  establish proof of financial responsibility in the manner prescribed by the executive director; and
(3)  maintain workers' compensation coverage for the contractor's employees through an insurance company authorized to engage in the business of insurance in this state or through self-insurance, or elect not to obtain workers' compensation coverage, as provided by Subchapter A, Chapter 406, Labor Code.
(b)  A person who holds a residential appliance installer's license issued or recognized under this chapter may only be assigned to a single residential appliance installation contractor, unless the residential appliance installer owns more than 50 percent of the residential appliance installation contracting business.
Added by Acts 2007, 80th Leg., R.S., Ch. 418 (S.B. 1222), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.162. Examinations

Sec. 1305.162.  EXAMINATIONS.  (a)  Examinations required by this subchapter shall be conducted throughout the state.
(b)  The department shall accept, develop, or contract for the examinations required by this chapter, including the administration of the examinations.  Each examination must test the knowledge of the applicant about materials and methods used in electrical installations related to the activities that may be performed within each class of license under this chapter and the standards prescribed by the National Electrical Code as adopted by the executive director.
(c)  The executive director shall determine uniform standards for acceptable performance on an examination.
(d)  In addition to the other requirements of this section, the department shall accept, develop, or contract for a residential appliance installer examination that tests an applicant's knowledge of the materials and methods used in the installation of residential appliances and pool-related devices under this chapter and the National Electrical Code standards as adopted by the executive director.
(e)  Notwithstanding Subsection (b), an examination required for a license as a journeyman industrial electrician under Section 1305.1601 may only test an applicant regarding activities performed by a journeyman industrial electrician at a location described by Section 1305.002(11-b).
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 416 (H.B. 1973), Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1392 (S.B. 1982), Sec. 3, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 826 (H.B. 1698), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.163. Examination Results

Sec. 1305.163.  EXAMINATION RESULTS.  (a)  Not later than the 30th day after the date on which an examination is administered under this chapter, the department shall notify each examinee of the results of the examination.  If an examination is graded or reviewed by a national testing service, the department shall notify examinees of the result of the examination not later than the 14th day after the date on which the department receives the results from the testing service.
(b)  If the notice of the examination results will be delayed for more than 60 days after the examination date, the department shall notify each examinee of the reason for the delay before the 60th day.
(c)  If requested in writing by a person who fails an examination administered under this chapter, the department shall provide to the person an analysis of the person's performance on the examination.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.164. Nonresident License Applicant

Sec. 1305.164.  NONRESIDENT LICENSE APPLICANT.  The executive director may issue a license under this chapter to an applicant who holds a license in another state and who submits a proper application and pays the required fees if the executive director determines that the applicant is licensed in a state with which there is an agreement to recognize licenses issued under this chapter.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.1645. License Eligibility Requirements for Applicants With Military Experience

Sec. 1305.1645.  LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE.  (a) Notwithstanding any other law, the department shall credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a license issued under this chapter by the department.
(b)  The department shall expedite the issuance of a temporary license or a license by endorsement or reciprocity under this chapter to an applicant who:
(1)  has verified military experience; and
(2)  holds a current license issued by another jurisdiction that has license requirements that are substantially equivalent to the license requirements of this state.
(c)  The commission shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 977 (H.B. 2029), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.165. License Issuance; Nontransferability

Sec. 1305.165.  LICENSE ISSUANCE;  NONTRANSFERABILITY.  (a)  Not later than the 30th day after the date on which the department determines that an applicant has passed the examination required under this chapter, the executive director shall issue a license to the applicant if the applicant has complied with the application requirements and paid the fees required by this chapter.
(b)  A license issued by the executive director is valid throughout this state and is not transferable.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.166. Display of License

Sec. 1305.166.  DISPLAY OF LICENSE.  (a)  An electrical contractor, electrical sign contractor, and residential appliance installation contractor shall display the contractor's business name and the number of the license issued by the executive director on each vehicle owned by the contractor.
(b)  The information required to be displayed must be:
(1)  printed in letters and numbers that are at least two inches high and in a color that contrasts with the color of the background surface;  and
(2)  permanently affixed in conspicuous places on both sides of the vehicle.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 418 (S.B. 1222), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter D. License Requirements › Section 1305.167. License Renewal; Fee Exemption

Sec. 1305.167.  LICENSE RENEWAL; FEE EXEMPTION.  (a)  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 license holder who provides instruction in a career and technology education program described by Section 1305.1575 is not required to pay a fee to renew the license.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1052 (H.B. 1317), Sec. 11, eff. June 18, 2005.
Acts 2023, 88th Leg., R.S., Ch. 402 (H.B. 1391), Sec. 3, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 402 (H.B. 1391), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter E. Regulation of Electricians by Local Governments › Section 1305.201. Municipal or Regional Regulation

Sec. 1305.201.  MUNICIPAL OR REGIONAL REGULATION.  (a)  This chapter does not prohibit a municipality or region from regulating electricians or residential appliance installers by:
(1)  enacting an ordinance requiring inspections;
(2)  offering examinations;
(3)  issuing municipal or regional licenses; or
(4)  collecting permit fees for municipal or regional licenses and examinations from appliance installers for work performed in the municipality or region.
(b)  A municipality or region may not require a person to take a municipal or regional examination if that person holds the appropriate license issued under this chapter and is working within the scope of that license.
(c)  A municipality may adopt procedures for the:
(1)  adoption of local amendments to the National Electrical Code;  and
(2)  administration and enforcement of that code.
(d)  Electrical work performed within the corporate limits of a municipality must be installed in accordance with all applicable local ordinances.
(e)  Electrical work performed in an unincorporated area of the state must be installed in accordance with standards at least as stringent as the requirements of the state electrical code as adopted under Section 1305.101.
(f)  A municipality or region may not collect a permit fee, registration fee, administrative fee, or any other fee from an electrician who holds a license issued under this chapter for work performed in the municipality or region.  This subsection does not prohibit a municipality or region from collecting a building permit fee.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 418 (S.B. 1222), Sec. 7, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 285 (H.B. 3329), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter E. Regulation of Electricians by Local Governments › Section 1305.202. Scope of Municipal or Regional License

Sec. 1305.202.  SCOPE OF MUNICIPAL OR REGIONAL LICENSE.  (a)  A license to perform electrical work issued by a municipality or region is valid only in the municipality or region or in another municipality or region under a reciprocal agreement.
(b)  A person who holds a license to perform electrical work or electrical sign work issued by a municipality or region that elects to discontinue issuing or renewing licenses may apply for an equivalent license under this chapter without complying with the applicable examination requirement if the person:
(1)  held the municipal or regional license for the preceding year; and
(2)  submits an application for a license under this chapter within 90 days of the date the municipality or region stops issuing or renewing licenses.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1052 (H.B. 1317), Sec. 9, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter F. License Denial and Disciplinary Actions › Section 1305.251. Grounds for Denial or Disciplinary Action

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.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter F. License Denial and Disciplinary Actions › Section 1305.252. Requested Suspension by Local Government

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.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter F. License Denial and Disciplinary Actions › Section 1305.253. Hearings; Administrative Procedure

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.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter F. License Denial and Disciplinary Actions › Section 1305.254. New Application by Holder of Revoked License

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 the revocation.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter G. Enforcement › Section 1305.301. Administrative Penalty

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 a violation is provided the opportunity for a hearing.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter G. Enforcement › Section 1305.302. Cease and Desist Order; Injunction; Civil Penalty

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 executive director may institute an action for an injunction or a civil penalty under this chapter as provided by Section 51.352.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 8 - Regulation of Environmental and Industrial Trades › Chapter 1305 - Electricians › Subchapter G. Enforcement › Section 1305.303. Criminal Penalty

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.
Added by Acts 2003, 78th Leg., ch. 1062, Sec. 1, eff. Sept. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter A. General Provisions › Section 1603.001. General Definitions

Sec. 1603.001.  GENERAL DEFINITIONS.   In this chapter:
(1)  "Advisory board" means the Barbering and Cosmetology Advisory Board.
(2)  "Commission" means the Texas Commission of Licensing and Regulation.
(3)  "Department" means the Texas Department of Licensing and Regulation.
(4)  "Establishment" means a place:
(A)  in which barbering or cosmetology is practiced; and
(B)  that is required to hold a license issued under Subchapter E-2.
(5)  "Executive director" means the executive director of the department.
(6)  "Manager" means the person who controls or directs the business of an establishment or directs the work of a person employed in an establishment.
(7)  "School" means a public secondary school, public postsecondary school, or private postsecondary school:
(A)  in which barbering or cosmetology is taught; and
(B)  that is required to hold a license issued under Subchapter E-3.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.01, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter A. General Provisions › Section 1603.0012. Services Not Constituting Barbering or Cosmetology

Sec. 1603.0012.  SERVICES NOT CONSTITUTING BARBERING OR COSMETOLOGY.  Barbering and cosmetology do not include:
(1)  threading, which involves removing unwanted hair from a person by using a piece of thread that is looped around the hair and pulled to remove the hair and includes the incidental trimming of eyebrow hair; or
(2)  servicing a person's wig, toupee, or artificial hairpiece on a person's head or on a block after the initial retail sale in any manner described by Section 1603.0011(a)(1).
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.02, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter A. General Provisions › Section 1603.0013. Application of Chapter

Sec. 1603.0013.  APPLICATION OF CHAPTER.  This chapter does not apply to a person who:
(1)  does not represent or advertise to the public directly or indirectly that the person is authorized by the department to practice barbering or cosmetology and the person is:
(A)  licensed in this state to practice medicine, dentistry, podiatry, chiropractic, or nursing and operating within the scope of the person's license;
(B)  a commissioned or authorized medical or surgical officer of the United States armed forces; or
(C)  an inmate in the institutional division of the Texas Department of Criminal Justice who performs barbering or cosmetology during the person's incarceration;
(2)  provides a service in an emergency;
(3)  is in the business of or receives compensation for makeup applications only;
(4)  provides a cosmetic service as a volunteer or an employee performing regular duties at a licensed nursing or convalescent custodial or personal care home to a patient residing in the home;
(5)  owns, operates, or manages a licensed nursing or convalescent custodial or personal care home that allows a person with an operator license to perform cosmetic services for patients residing in the home on an occasional but not daily basis;
(6)  provides an incidental cosmetic service, or owns, operates, or manages the location where that service is provided, if the primary purpose of the service is to enable or assist the recipient of the service to participate as the subject of:
(A)  a photographic sitting at a permanent establishment that charges a fee exclusively for a photographic sitting;
(B)  a television appearance; or
(C)  the filming of a motion picture; or
(7)  performs only natural hair braiding, including braiding a person's hair, trimming hair extensions only as applicable to the braiding process, and attaching commercial hair by braiding and without the use of chemicals or adhesives.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.02, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter A. General Provisions › Section 1603.002. Regulation of Barbering and Cosmetology by Department of Licensing and Regulation

Sec. 1603.002.  REGULATION OF BARBERING AND COSMETOLOGY BY DEPARTMENT OF LICENSING AND REGULATION.  The department shall administer this chapter.  This chapter does not limit the department's or commission's general powers under Chapter 51.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.03, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter B. Barbering and Cosmetology Advisory Board › Section 1603.051. Advisory Board; Membership

Sec. 1603.051.  ADVISORY BOARD; MEMBERSHIP.  The Barbering and Cosmetology Advisory Board consists of nine members appointed by the presiding officer of the commission, with the commission's approval, as follows:
(1)  four members who each hold an individual practitioner license under Subchapter E-1, including:
(A)  at least one holder of a Class A barber license; and
(B)  at least one holder of a cosmetology operator license;
(2)  two members who each hold an establishment license;
(3)  two members who each hold a school license; and
(4)  one member who represents the public.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.04, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter B. Barbering and Cosmetology Advisory Board › Section 1603.052. Duties of Advisory Board

Sec. 1603.052.  DUTIES OF ADVISORY BOARD. (a) The advisory board shall advise the commission and the department on:
(1)  education and curricula for applicants;
(2)  the content of examinations;
(3)  proposed rules and standards on technical issues related to barbering and cosmetology; and
(4)  other issues affecting barbering and cosmetology.
(b)  The advisory board shall respond to questions from the commission and the department regarding barbering and cosmetology.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.04, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter B. Barbering and Cosmetology Advisory Board › Section 1603.053. Terms; Vacancy

Sec. 1603.053.  TERMS; VACANCY.  (a)  Members of the advisory board serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.04, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter B. Barbering and Cosmetology Advisory Board › Section 1603.054. Presiding Officer

Sec. 1603.054.  PRESIDING OFFICER.  The presiding officer of the commission shall appoint one of the advisory board members to serve as the presiding officer of the advisory board for a term of two years.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.04, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter C. Powers and Duties › Section 1603.101. Rules

Sec. 1603.101.  RULES.  The commission shall adopt rules consistent with this chapter for  the administration of this chapter and the operations of the department in regulating barbering and cosmetology.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.05, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter C. Powers and Duties › Section 1603.102. Sanitation Rules

Sec. 1603.102.  SANITATION RULES.  The commission shall establish sanitation rules to prevent the spread of an infectious or contagious disease.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter C. Powers and Duties › Section 1603.103. Inspection of Schools Before Operation

Sec. 1603.103.  INSPECTION OF SCHOOLS BEFORE OPERATION.  (a)  Until the department determines, by inspection, that the person has established the school in compliance with this chapter, a person may not operate a school licensed under this chapter.
(b)  A school that is not approved by the department on initial inspection may be reinspected.
(c)  The department may charge the school a fee for each inspection.  The commission shall by rule set the amount of the fee.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1049 (H.B. 2106), Sec. 15, eff. June 15, 2007.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.06, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter C. Powers and Duties › Section 1603.104. Inspections

Sec. 1603.104.  INSPECTIONS.  (a)  The department may enter and inspect at any time during business hours:
(1)  the place of business of any person regulated under this chapter; or
(2)  any place in which the department has reasonable cause to believe that a license or permit holder is practicing in violation of this chapter or in violation of a rule or order of the commission or executive director.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.33(2), eff. September 1, 2021.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.33(2), eff. September 1, 2021.
(c-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.33(2), eff. September 1, 2021.
(d)  An inspector who discovers a violation of this chapter or of a rule or order of the commission or executive director shall  provide written notice of the violation to the license or permit holder on a form prescribed by the department.
(e)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 496 (H.B. 2739), Sec. 4, eff. September 1, 2017.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1049 (H.B. 2106), Sec. 16, eff. June 15, 2007.
Acts 2017, 85th Leg., R.S., Ch. 496 (H.B. 2739), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 14.006, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.07, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.08, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.33(2), eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter C. Powers and Duties › Section 1603.1045. Contract to Perform Inspections

Sec. 1603.1045.  CONTRACT TO PERFORM INSPECTIONS.  The department may contract with a person to perform for the department inspections of a school or establishment.
Added by Acts 2007, 80th Leg., R.S., Ch. 1049 (H.B. 2106), Sec. 17, eff. June 15, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.09, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter C. Powers and Duties › Section 1603.105. Retention of Student Records

Sec. 1603.105.  RETENTION OF STUDENT RECORDS.  The department may not retain student records, including student transcripts, beyond the time required by state law.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter C. Powers and Duties › Section 1603.106. Certain Building and Facility Standards Prohibited

Sec. 1603.106.  CERTAIN BUILDING AND FACILITY STANDARDS PROHIBITED.  The commission may not establish building or facility standards for a school that are not related to health and safety, including a requirement that a building or facility of the school have a specific:
(1)  square footage of floor space;
(2)  number of chairs; or
(3)  number of sinks.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.10, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter D. Public Participation and Complaint Procedures › Section 1603.151. Notification of Public Interest Information and Participation

Sec. 1603.151.  NOTIFICATION OF PUBLIC INTEREST INFORMATION AND PARTICIPATION.  The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department regarding barbering and cosmetology.  The department may provide for that notice:
(1)  on each registration form, application, or written contract for services of a person regulated under this chapter;
(2)  on a sign prominently displayed in the place of business of each person regulated under this chapter; or
(3)  in a bill for service provided by a person regulated under this chapter.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.11, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter D. Public Participation and Complaint Procedures › Section 1603.152. Complaint Jurisdiction; Notification

Sec. 1603.152.  COMPLAINT JURISDICTION; NOTIFICATION.  If the department determines that it lacks jurisdiction to resolve the complaint, the department shall notify the complainant in writing that the department is closing the complaint because it lacks jurisdiction.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter D. Public Participation and Complaint Procedures › Section 1603.154. Informal Settlement Conference

Sec. 1603.154.  INFORMAL SETTLEMENT CONFERENCE.  The department shall establish guidelines for an informal settlement conference related to a complaint filed with the department.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 9 - Regulation of Barbers, Cosmetologists, and Related Occupations › Chapter 1603 - Regulation of Barbering and Cosmetology › Subchapter E. General License and Permit › Section 1603.2001. Rules for Issuance of License or Permit

Sec. 1603.2001.  RULES FOR ISSUANCE OF LICENSE OR PERMIT.  (a)  The commission by rule shall establish requirements for the issuance of:
(1)  a license for an individual practitioner, establishment, or school; and
(2)  a student permit.
(b)  Requirements established by the commission under Subsection (a) for an individual practitioner may include requirements regarding an applicant's:
(1)  minimum age;
(2)  education level; and
(3)  completed hours of instruction.
(c)  In establishing a requirement under this section for the issuance of a license, the commission shall consider whether the requirement is the least restrictive requirement possible to ensure public safety without creating a barrier to entry into the licensed occupation.
(d)  Requirements established under this section:
(1)  for an individual practitioner specialty license may not be more stringent than requirements for a Class A barber license or a cosmetology operator license; and
(2)  for a specialty establishment license may not be more stringent than requirements for an establishment license.
(e)  The commission shall establish standardized requirements within license categories.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 3.13, eff. September 1, 2021.