reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of the Texas
				  Labor Code, Chapter 91 and Texas Occupations Code, Chapter
				  51.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, as used in this chapter and
				  Texas Labor Code, Chapter 91, have the following meanings, unless the context
				  clearly indicates otherwise.
(1)
				Department--Texas Department of Licensing and Regulation.
(2) Offering to Perform--Making a written or
				oral proposal, contracting in writing or orally to perform professional
				employer services, or advertising in any form through any medium that a person
				or business entity is a professional employer organization, or that implies in
				any way that a person or business entity is available to enter into a
				professional employer services agreement.
(3) PEO--Professional Employer
				Organization.
(4) Person--Any
				individual, partnership, corporation, or any other business entity.
(5) The Code--The Texas Labor Code, Chapter
				91.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.20 - License Requirements - Full License

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who performs or offers to
				perform PEO services as defined by the Code, must be licensed with the
				department.
(b) To obtain an
				original PEO license, a person must provide the department with all of the
				following required information, on forms prescribed by the executive director:
(1) a completed registration form, including
				any applicable attachments or application forms;
(2) a completed personal information form
				from each controlling person as defined in Texas Labor Code §
										RSA
				91.001<subdiv>(7)</subdiv>;
(3) fingerprint cards for the applicant and
				any controlling persons;
(4) a
				completed criminal history questionnaire, as applicable;
(5) documentation from the Texas Secretary of
				State recognizing the person's authority to do business in this
				state;
(6) proof of positive
				working capital as described under §72.40; and
(7) the required fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.21 - License Renewal Requirements - Full License

Current through Reg. 49, No. 28; July 12, 2024
(a) In order for a PEO to continue operating
				in this state, a license must be renewed annually.
(b) Non-receipt of a license renewal notice
				from the department does not exempt a person from any requirements of this
				chapter.
(c) To renew a PEO
				license, a person must provide the department with all of the following
				required information, on forms prescribed by the executive director:
(1) a completed registration form, including
				any applicable attachments or application forms;
(2) a completed personal information form
				from each controlling person as defined in Texas Labor Code §
										RSA
				91.001<subdiv>(7)</subdiv>, or a
				form indicating there has been no change in the personal information form since
				the previous license application or renewal from each controlling
				person;
(3) fingerprint cards for
				any new controlling persons;
(4) a
				completed criminal history questionnaire, as applicable;
(5) proof of positive working capital as
				described under §72.40; and
(6) the required fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.22 - License Requirements - Limited License

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for a limited license, a
				person at all times must:
(1) employ less
				than 50 covered employees in this state at any one time;
(2) not provide covered employees to clients
				that are based or domiciled in the state;
(3) not maintain an office in this state;
				and
(4) not solicit clients located
				or domiciled in this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.23 - License Renewal Requirements - Limited License

Current through Reg. 49, No. 28; July 12, 2024
(a) In order for a limited license PEO to
				continue operating in this state, a limited license must be renewed
				annually.
(b) Non-receipt of a
				limited license renewal notice from the department does not exempt a person
				from any requirements of this chapter.
(c) To continue qualification for a limited
				license, a person at all times while licensed must:
(1) employ less than 50 covered employees in
				this state at any one time;
(2) not
				provide covered employees to clients that are based or domiciled in the
				state;
(3) not maintain an office
				in this state; and
(4) not solicit
				clients located or domiciled in this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.24 - Approval of Assurance Organization

Current through Reg. 49, No. 28; July 12, 2024
(a)
				An applicant or license holder may enter into an agreement with a
				commission-approved assurance organization to act on behalf of an applicant or
				license holder in accomplishing the provisions of this chapter and the
				Code.
(b) The authorization of an
				assurance organization to act on its behalf does not relieve an applicant or
				license holder from the applicant or license holder's ultimate responsibility
				to comply with each of its obligations pursuant to this chapter and the
				Code.
(c) An assurance organization
				desiring to become approved by the commission shall submit to the department:
(1) a letter requesting approval by the
				commission;
(2) evidence that the
				assurance organization meets the qualifications set forth in Texas Labor Code,
				§
										RSA 91.001(2-a);
				and
(3) an explanation of how the
				assurance organization will certify each of the criteria and obligations
				required of applicants and license holders in this chapter and the
				Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.25 - Use of Assurance Organization by Applicant or License Holder

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall accept an approved
				assurance organization's written certification as evidence that an applicant or
				license holder has met and continues to meet the criteria and obligations set
				forth in this chapter and the Code. The department retains the right to
				independently verify any information or certification provided by the assurance
				organization, including the ability to verify information contained in the
				assurance organization's databases.
(b) An applicant or licensee wishing to
				utilize the services of an assurance organization shall execute, and the
				assurance organization shall submit to the department, together with any fees,
				the appropriate application form prescribed by the executive director which
				includes a certification by the assurance organization that the license holder
				or applicant is in compliance with the assurance organization's standards which
				meet the requirements of the Code and the rules and a certification by the
				licensee or applicant that the applicant is in full compliance with all
				requirements of the Code and the rules, together with the license holder or
				applicant's authorization for the department to accept information provided by
				the assurance organization on behalf of the applicant or licensee.
(c) Two or more applicants or license holders
				using the services of an approved assurance organization and desiring to apply
				or renew as a group, may do so provided that the applicants or license holders
				apply or renew on a form prescribed by the executive director and demonstrate
				that they have at least two of the following criteria in common:
(1) financial statement;
(2) controlling person;
(3) insurance coverage; or
(4) ownership.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.40 - Proof of Positive Working Capital

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A person applying for an original license or a renewal license must demonstrate
				the person's positive working capital according to the schedule set out in
				Texas Labor Code §
									RSA
				91.014<subdiv>(a)</subdiv>.
				Positive Working Capital must be demonstrated by the financial statement of the
				applicant that:
(1) is prepared in accordance
				with generally accepted accounting principles;
(2) is audited by an independent certified
				public accountant, and is without qualification as to the going concern status
				of the applicant;
(3) reflects
				positive working capital on a date not earlier than 15 months before the date
				of the application; and
(4) is
				based on adequate reserves for taxes, insurance, and incurred claims that are
				not paid.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.70 - Responsibilities of Licensee - General

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Notices to Clients.
(1) A licensee must
				notify its clients of the name, mailing address, and telephone number of the
				department. The notice also must contain a statement that unresolved complaints
				concerning a licensee or questions concerning the regulation of PEO's may be
				addressed to the department.
(2)
				The notice required by this subsection must be made a part of all agreements
				between licensees and clients. The notification shall appear in a typeface no
				smaller than the body of the contract and shall be printed in bold face, all
				capital letters or contrasting color of ink to set it out from the surrounding
				written material.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.71 - Responsibility of Licensee - Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Upon notification, the licensee shall allow the executive director or his
				designee to audit records required by the Code and any records required by this
				chapter.
(b) All licensees shall
				maintain the following documents for two (2) years following the termination of
				a professional employer services agreement:
(1) insurance coverage documents which may be
				required for filing with the Texas Department of Insurance, or insurance
				coverage documents which the licensee may be required to retain by the Texas
				Department of Insurance;
(2) all
				documents pertaining to insurance claims;
(3) workers compensation coverage
				documents;
(4) all documents
				pertaining to workers' compensation claims;
(5) professional employer services agreements
				between the license holder and client companies;
(6) employee tax records that may be required
				to be retained by or filed with the Texas Workforce Commission;
(7) employee tax records that may be required
				to be retained by or filed with the Internal Revenue Service; and
(8) employee tax records that may be required
				to be retained by or filed with the county or state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.73 - Self-Funded Health Benefit Plans

Current through Reg. 49, No. 28; July 12, 2024
A PEO that offers a self-funded health insurance plan shall
				  deliver to the department the following, within 45 days of receiving approval
				  from the Texas Department of Insurance:
(1) a copy of the written approval to offer
				the plan from the Texas Department of Insurance; and
(2) a copy of proof that the PEO has
				appointed the commissioner of the Texas Department of Insurance as its resident
				agent for purposes of service of process in this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application Fees.
(1) All application fees are
				non-refundable.
(2) The application
				fee is a required fee that is separate from the required license fee.
(3) The original application fee is
				$150.
(4) The renewal application
				fee is $150.
(5) The limited
				license original application fee is $150.
(6) The limited license renewal application
				fee is $150.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.90 - Sanctions - Administrative Sanctions/Penalties

Current through Reg. 49, No. 28; July 12, 2024
If a person violates Texas Labor Code, Chapter 91, this
				  chapter, or a rule, or order of the executive director or commission
				  proceedings may be instituted to impose administrative sanctions,
				  administrative penalties or both in accordance with Texas Labor Code, Chapter
				  91, Texas Occupations Code, Chapter 51, and any associated
				  rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.91 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapter 51, Texas Labor Code, Chapter 91, and any associated rules may be
				  used to enforce Texas Labor Code, Chapter 91 and this
				  chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 72 - PROFESSIONAL EMPLOYER ORGANIZATION › Section 72.100 - Electronic Filing and Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) On
				behalf of an applicant or licensee, an approved assurance organization may
				electronically file with the department any application, report, or other
				document required by the department, this chapter, or the Code.
(b) All electronic filings made pursuant to
				this chapter and the Code shall be in a format prescribed by the executive
				director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of Title 8,
				  Occupations Code, Chapter 1305, and Title 2, Occupations Code, Chapter
				  51.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.20 - Licensing Requirements - Applicant and Experience Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a license must submit
				the required fees with a completed application and the appropriate attachments:
(1) Applicants for Master Electrician, Master
				Sign Electrician, Journeyman Electrician, Journeyman Sign Electrician,
				Residential Wireman, Journeyman Lineman, Maintenance Electrician and Journeyman
				Industrial Electrician licenses must submit documentation proving the required
				amount of on-the-job-training.
(2)
				Applicants for contractor's licenses must submit proof of general liability
				insurance and either workers' compensation insurance or a certificate of
				authority to self insure, or a statement that the applicant has elected not to
				obtain workers' compensation insurance pursuant to Subchapter A, Chapter 406,
				Labor Code, with the initial and renewal applications.
(3) Applicants for contractor's licenses must
				submit proof of ownership of the business entity and provide documentation of
				the sponsoring master licensee in a manner prescribed by the
				department.
(4) An applicant for a
				journeyman lineman license must submit documentation proving the required
				amount of training in an apprenticeship program or the required amount of
				experience as a journeyman lineman.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.21 - Licensing Requirements - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a license by examination issued
				under this chapter:
(1) An individual
				applicant must submit a completed application, all necessary documentation, and
				appropriate fees to the Texas Department of Licensing and Regulation for review
				and determination of examination eligibility.
(2) An individual applicant must achieve a
				passing score on an examination approved by the executive director of the Texas
				Department of Licensing and Regulation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.22 - Licensing Requirements - General

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A license issued under this chapter is valid for one year from the date of
				issuance and must be renewed annually.
(b) A person shall not perform electrical
				work requiring a license under Title 8, Texas Occupations Code, Chapter 1305
				with an expired license.
(c)
				Falsifying information on an application, obtaining a license by fraud or false
				representation, or cheating on an examination is grounds for denial,
				suspension, or revocation of a license and/or an administrative
				penalty.
(d) An electrical
				contractor, an electrical sign contractor, or a residential appliance
				installation contractor shall not use a license number that is not assigned to
				that contractor by the department.
(e) A license is not transferable.
(f) Altering a license in any way is
				prohibited and is grounds for a sanction and/or penalty.
(g) If a licensee contracts with a general
				contractor or a home warranty company to provide installation or service that
				requires a license under the Act, the licensee remains responsible for the
				integrity of that work.
(h) A
				person using the license of another person or allowing another person to use
				his license shall be subject to license denial, suspension, or revocation
				and/or assessment of an administrative penalty.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.23 - Licensing Requirements - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Non-receipt of a license renewal notice from the department does not exempt a
				person, or entity, from any requirements of this chapter.
(b) A complete request for renewal must be
				filed on the form approved by the department and includes all required fees by
				the expiration date to maintain continuous licensure.
(c) Applications not filed by the expiration
				date are considered applications for late renewal and are subject to late
				renewal fees.
(d) Licenses issued
				from a late renewal application will have an unlicensed period from the
				expiration date of the previous license to the issuance date of the renewed
				license. Electrical work that requires a license issued under this chapter
				shall not be performed during the unlicensed period.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.24 - Licensing Requirements - Waiver of Examination Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant who is licensed in another
				state that has entered into a reciprocity agreement with Texas regarding
				licensure of electricians, sign electricians, journeyman linemen, journeyman
				industrial electricians, or residential appliance installers may obtain an
				equivalent license in Texas without passing the examination, provided that all
				other licensure requirements are met, as defined by Texas Occupations Code,
				Chapter 1305.
(b) The examination
				requirement is waived if, based upon acceptable proof, the executive director
				determines that the provisions of §73.21(b) are met.
(c) Acceptable proof of an applicant's
				qualifications must be presented on a form prescribed by the department that:
(1) certifies completion of the required
				hours of on-the-job training under the supervision of a master electrician or
				master sign electrician as appropriate, or
(2) is completed by the municipality or
				region in which the applicant was licensed for at least one year.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms used in
				this section have the meanings assigned by Chapter 59 of this title, unless the
				context indicates otherwise.
(b)
				For each renewal, an electrical apprentice, electrical sign apprentice,
				journeyman electrician, master electrician, journeyman sign electrician, master
				sign electrician, residential wireman, journeyman lineman, maintenance
				electrician, or journeyman industrial electrician must complete four hours of
				continuing education in:
(1) the National
				Electrical Code, as adopted under Title 8, Occupations Code §
										RSA
				1305.101, or the current version of the
				National Electrical Code, as approved by the National Fire Protection
				Association (NFPA);
(2) state law
				and rules that regulate the conduct of licensees; and
(3) safety as defined in the National Fire
				Protection Association (NFPA) 70E.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.26 - Documentation of Required On-the-Job Training

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a license which requires
				on-the-job training under Occupations Code Chapter 1305 may verify that he or
				she has completed on-the-job training by submitting the department's experience
				verification form with the license application.
(b) When an applicant or the department
				requests verification of on-the-job training of an applicant from a licensee
				who is authorized by Occupations Code Chapter 1305 to verify on-the-job
				training, the licensee must provide the verification within 30 calendar days of
				the request. The licensee must verify only on-the-job training within the
				licensee's knowledge. The licensee must verify the dates of on-the-job
				training, describe the work performed by the applicant, specify the name of the
				business under which the applicant's work was performed, and provide any other
				information required on the department's form.
(c) An applicant for a journeyman lineman
				license must verify that he or she has completed the apprenticeship required by
				Occupations Code Chapter 1305 by submitting verification in a form acceptable
				to the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.27 - Licensing Requirements - Temporary Apprentices

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a license as an
				electrical apprentice or an electrical sign apprentice will be issued a
				temporary apprentice license, if the applicant:
(1) has not been convicted of a criminal
				offense; and,
(2) pays the required
				fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.28 - Licensing Requirements - Emergency Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may grant
				emergency electrician licenses when:
(1) in
				response to an emergency as defined by Gov. Code, §418.004, a state of
				disaster is declared by;
(A) the Governor
				pursuant to Gov. Code, §418.014; or,
(B) the presiding officer of the governing
				body of a local governmental entity pursuant to Gov. Code, §418.108,
				and,
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not apply to electrical work as provided in
				  the Occupations Code, §
									RSA
				  1305.003.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.40 - Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Electrical
				contractors, electrical sign contractors, and residential appliance
				installation contractors are required to maintain at least the minimum general
				liability insurance coverages at all times to satisfy proof of financial
				responsibility.
(1) The insurance must be at
				least $300,000 per occurrence (combined for property damage and bodily
				injury);
(2) be at least $600,000
				aggregate (total amount the policy will pay for property damage and bodily
				injury coverage); and
(3) be at
				least $300,000 aggregate for products and completed operations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.51 - Electrical Contractors' Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An electrical contractor shall:
(1) notify the department when a new master
				electrician of record is assigned to the contractor and notify the department
				within thirty business days from the date that the master electrician's
				employment with the contractor ended;
(2) maintain employee records and records of
				all work performed on its behalf for a period of four years after completion of
				the work, and shall make those records available to the department at the
				contractor's place of business during normal business hours for inspection and
				copying. If the contractor's principal place of business is located out of the
				state of Texas, the department may require the contractor to make records
				available to the department at its offices in Austin, Texas or another location
				agreed upon by the department and the contractor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.52 - Electrical Sign Contractors' Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An Electrical Sign Contractor shall:
(1) notify the department when a new master
				electrician or master sign electrician of record is assigned to the contractor
				and notify the department within thirty business days from the date that the
				master electrician's employment with the contractor ended;
(2) maintain employee records and records of
				all work performed on its behalf for a period of four years after completion of
				the work, and shall make those records available to the department at the
				contractor's place of business during normal business hours for inspection and
				copying. If the contractor's principal place of business is located out of the
				state of Texas, the department may require the contractor to make records
				available to the department at its offices in Austin, Texas or another location
				agreed upon by the department and the contractor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.53 - Responsibilities of All Persons Performing Electrical Work

Current through Reg. 49, No. 28; July 12, 2024
All persons must perform non-exempt electrical work,
				  non-exempt electrical sign work, non-exempt journeyman lineman work, or
				  non-exempt residential appliance installation work in compliance with
				  applicable codes and ordinances. The department will interpret applicable codes
				  and ordinances for purposes of enforcement of the Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.54 - Residential Appliance Installation Contractors' Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A residential appliance installation
				contractor shall:
(1) notify the department
				when a new residential appliance installer of record is assigned to the
				contractor and notify the department within thirty business days from the date
				that the residential appliance installer's employment with the contractor
				ended;
(2) maintain employee
				records of all work performed on its behalf for a period of four years after
				completion of the work, and shall make those records available to the
				department at the contractor's place of business during normal business hours
				for inspection and copying. If the contractor's principal place of business is
				located out of the state of Texas, the department may require the contractor to
				make records available to the department at its offices in Austin, Texas or
				another location agreed upon by the department and the contractor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.60 - Standards of Conduct for Engaging in Electrical Work

Current through Reg. 49, No. 28; July 12, 2024
(a) Competency. The licensee shall be
				knowledgeable of and adhere to the Act, the rules, applicable codes, and all
				procedures established by the department for licensees. It is the obligation of
				the licensee to exercise reasonable judgment and skill in the performance of
				all duties and work performed as a licensee.
(b) Integrity. A licensee shall be honest and
				trustworthy in the performance of all duties and work performed as a licensee,
				and shall avoid misrepresentation and deceit in any fashion, whether by acts of
				commission or omission. Acts or practices that constitute threats, coercion, or
				extortion are prohibited.
(c)
				Interest. The primary interest of the licensee is to ensure compliance with the
				Act, the rules, and all applicable codes. The licensee's position, in this
				respect, should be clear to all parties concerned while in the performance of
				all duties and work performed as a licensee.
(d) Specific Rules of Conduct. A licensee
				shall not:
(1) participate, whether alone or
				in concert with others, in any plan, scheme, or arrangement attempting or
				having as its purpose the evasion of any provision of the Act, the rules, or
				the standards adopted by the commission;
(2) furnish inaccurate, deceitful, or
				misleading information to the department, a consumer, or other person while
				engaged in the business of electrical contracting, electrical sign contracting,
				or residential appliance installation contracting, or performing, or offering
				to perform non-exempt electrical work; or
(3) engage in any activity that constitutes
				dishonesty, misrepresentation, or fraud while performing as a
				licensee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.70 - Responsibility of Licensee - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual licensee must provide all
				electrical work requiring a license through a licensed contractor, or employing
				governmental entity.
(b) The
				licensee shall accurately and truthfully represent to any prospective client or
				employer, the licensee's capabilities and qualifications to perform the
				services to be rendered.
(c) The
				licensee shall not offer to perform, nor perform, technical services for which
				the licensee is not qualified by education or experience, without securing the
				services of another who is qualified.
(d) The licensee shall not evade
				responsibility to a client or employer.
(e) The licensee shall not agree to perform
				services if any significant financial or other interest exists that may be in
				conflict with:
(1) the obligation to render a
				faithful discharge of such services; or
(2) the service would impair independent
				judgment in rendering such services.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.71 - Restricted Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) A person issued
				a restricted license in accordance with Texas Occupations Code, Chapter 51,
				Subchapter G, shall comply with any condition imposed by the commission or
				executive director.
(b) A licensee
				shall use reasonable care to ensure that the holder of a restricted license
				subject to the licensee's supervision complies with any condition imposed by
				the commission or executive director.
(c) Before performing any work, the holder of
				a restricted license must inform his or her employer of the conditions placed
				on the license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application fees:
(1) Master Electrician--$45
(2) Master Sign Electrician--$45
(3) Journeyman Electrician--$30
(4) Journeyman Sign
				Electrician--$30
(5) Journeyman
				Lineman Electrician--$30
(6)
				Residential Wireman--$20
(7)
				Maintenance Electrician--$20
(8)
				Electrical Contractor--$110
(9)
				Electrical Sign Contractor--$110
(10) Electrical Apprentice--$20
(11) Electrical Sign
				Apprentice--$20
(12) Residential
				Appliance Installer--$30
(13)
				Residential Appliance Installation Contractor--$110
(14) Apprentice Training Program
				Registration--$95
(15) Journeyman
				Industrial Electrician--$30
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.90 - Sanctions - Administrative Sanctions/Penalties

Current through Reg. 49, No. 28; July 12, 2024
If a person or entity violates any provision of Title 8,
				  Texas Occupations Code, Chapter 1305, any provision of Title 16, Texas
				  Administrative Code, Chapter 73, or any provision of an order of the executive
				  director or commission, proceedings may be instituted to impose administrative
				  penalties, administrative sanctions, or both administrative penalties and
				  sanctions in accordance with the provisions of Title 8, Texas Occupations Code,
				  Chapters 51 and 1305.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.91 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and 1305 and any associated rules may be used to enforce
				  Texas Occupations Code, Chapter 1305 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 73 - ELECTRICIANS › Section 73.100 - Technical Requirements

Current through Reg. 49, No. 28; July 12, 2024
Effective September 1, 2023, the department adopts the 2023
				  National Electrical Code as approved by the National Fire Protection
				  Association, Inc. on August 12, 2022.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The sections in this chapter are promulgated under the
				  authority of the Texas Health and Safety Code, Chapter 754 and Texas
				  Occupations Code, Chapter 51.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.20 - Inspector Registration Requirements - Initial

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not act as an inspector or
				engage in any activities that require registration as an inspector in this
				state unless the person is registered with the department.
(b) An applicant registering with the
				department as an inspector must:
(1) submit a
				completed application on a department-approved form;
(2) pay the fee required by §74.80;
				and
(3) submit a copy of both sides
				of a valid elevator inspector certification issued by a certifying organization
				within 12 months preceding the date of the application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.21 - Inspector Registration Requirements - Renewal

Current through Reg. 49, No. 28; July 12, 2024
To renew an inspector registration, an inspector must:
(1) submit a completed application on a
				department-approved form;
(2) pay
				the fee required by §74.80;
(3) submit a copy of both sides of a valid
				elevator inspector certification issued by a certifying organization within 12
				months preceding the date of the renewal;
(4) comply with the continuing education
				requirements of the certifying organization; and
(5) complete any other mandatory training
				required by the executive director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.22 - Contractor Registration Requirements - Initial

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not act as a contractor or
				engage in any activities that require registration as a contractor in this
				state unless the person is registered with the department.
(b) A person registering with the department
				as a contractor must:
(1) submit a completed
				application on a department-approved form;
(2) submit proof of:
(A) general liability insurance as required
				in §74.40; or
(B)
				self-insurance by a qualifying institution of higher education;
(3) pay the fee required by
				§74.80; and
(4) designate at
				least one responsible party who meets the requirements of
				§74.24.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.23 - Contractor Registration Requirements - Renewal

Current through Reg. 49, No. 28; July 12, 2024
To renew a contractor registration, a contractor must:
(1) submit a completed application on a
				department-approved form;
(2) pay
				the fee required by §74.80;
(3) provide proof of:
(A) general liability insurance as required
				in §74.40; or
(B)
				self-insurance by a qualifying institution of higher education; and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.24 - Responsible Party Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A responsible party designated under this
				chapter must:
(1) have a minimum of three
				years of experience;
(2) the
				experience noted in paragraph (1) shall consist of constructing, installing,
				repairing, maintaining, or testing of equipment as verified in a manner
				prescribed by the department; and
(3) comply with the continuing education
				requirements as required in §74.25.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms used in
				this section have the meanings assigned by Chapter 59 of this title, unless the
				context indicates otherwise.
(b)
				Each responsible party must complete eight (8) hours of continuing education in
				courses approved by the department.
(c) The continuing education hours must have
				been completed within the term of the current contractor registration, in the
				case of a timely renewal. For a late renewal, the continuing education hours
				must have been completed within the one year period immediately prior to the
				date of renewal.
(d) A responsible
				party may not receive continuing education credit for attending the same course
				more than once.
(e) The responsible
				party and the contractor must retain a copy of the certificate of completion
				for a course for one year after the date of completion.
(f) To be approved under Chapter 59 of this
				title, a provider's course must be dedicated to instruction in one or more of
				the following topics:
(1) Texas Health and
				Safety Code, Chapter 754, Subchapter B, Inspection, Certification, and
				Registration;
(2) Title 16, Texas
				Administrative Code, Chapter 74, Elevators, Escalators, and Related
				Equipment;
(3) ethics, including
				business practices; or
(4) the
				technical requirements in §RSA
				74.100.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not apply to:
(1) buildings owned and operated by the
				federal government;
(2) equipment
				regulated by a municipal inspection and certification program in accordance
				with Health and Safety Code §
									RSA
				754.018 and §
									RSA
				74.65<subdiv>(b)</subdiv> in this
				chapter;
(3) equipment located in
				the following structures if access is limited primarily to employees:
(A) industrial facilities;
(B) grain silos;
(C) radio antennas;
(D) bridge towers;
(E) underground facilities; and
(F) dams;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.40 - Contractor Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A contractor must maintain general liability insurance at all times during a
				registration period to satisfy proof of financial responsibility of:
(1) not less than $1,000,000 for each single
				occurrence of bodily injury or death; and
(2) not less than $500,000 for each single
				occurrence of property damage.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.50 - Reporting Requirements - Owner

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				obtain a certificate of compliance, the owner must submit to the department
				within 30 days of the equipment inspection date the following items:
(1) the application for certificate of
				compliance;
(2) a copy of the
				inspection reports for each unit of equipment;
(3) written documentation to verify that all
				violations of the applicable ASME Safety codes or ASCE standards as adopted in
				§RSA
				74.100, cited on the inspection report, are
				in compliance with §74.66(6)(A) - (C);
(4) any application(s) for delay or waiver if
				applicable; and
(5) all applicable
				fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.55 - Reporting Requirements - Inspector

Current through Reg. 49, No. 28; July 12, 2024
(a)
				For new installations, the inspector must provide a copy of the inspection
				report to the owner not later than the 5th calendar day after completing the
				inspection.
(b) For alterations,
				the inspector must provide a copy of the inspection report to the department
				and the owner not later than the 5th calendar day after completing the
				inspection.
(c) Inspectors, by
				e-mail, fax, or letter, must report to the department, within 72 hours of
				discovery, all equipment they encounter that does not have a decal
				number.
(d) The inspector must
				clearly note on the inspection report any equipment found with a reportable
				condition, and shall report it immediately by submitting a copy of the report
				to the owner and by e-mail, fax, or letter to the department within 24
				hours.
(e) Inspectors, using the
				Online Inspection Reporting System, for each piece of equipment inspected, must
				report to the department within 72 hours of completing an acceptance
				inspection, annual inspection or Installation removed from service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.57 - Reporting Requirements - Contractor

Current through Reg. 49, No. 28; July 12, 2024
(a) Contractors must, by e-mail, fax, or
				letter, report to the owner and department, within 24 hours of discovery, all
				equipment they encounter that has a reportable condition.
(b) Contractors must report to the department
				and to the owner, within 72 hours of discovery, all equipment they encounter
				that does not display a department issued decal number. A report required by
				this section may be made by e-mail, fax, or letter addressed to the
				department's chief elevator inspector and to the owner at the owner's most
				recent address in the contractor's records.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.60 - Responsibilities of the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				certificate of compliance issued by the department will include the following
				information:
(1) building number;
(2) decal number;
(3) building name;
(4) inspector's registration
				number;
(5) date of the last
				inspection;
(6) due date of the
				next inspection; and
(7) contact
				information to report a violation to the department.