SB2864 - Relating to the applicability of the Texas Electrical Safety and Licensing Act to, and the regulation by certain political subdivisions of, the installation of roofing materials containing integrated photovoltaic technology.

      By: Creighton S.B. No. 2864     (Patterson)           A BILL TO BE ENTITLED   AN ACT   relating to the applicability of the Texas Electrical Safety and   Licensing Act to, and the regulation by certain political   subdivisions of, the installation of roofing materials containing   integrated photovoltaic technology.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1305.003(a), Occupations Code, is   amended to read as follows:          (a)  This chapter does not apply to:                (1)  the installation of electrical equipment in a   ship, watercraft other than a floating building, railway rolling   stock, aircraft, motor vehicle, or recreational vehicle;                (2)  the installation of electrical equipment   underground in a mine and in self-propelled mobile surface mining   machinery and its attendant electrical trailing cable;                (3)  the installation of electrical equipment for   generation, transformation, transmission, or distribution of power   used exclusively to operate railway rolling stock or exclusively   for signaling and communications purposes;                (4)  the installation, maintenance, alteration, or   repair of communications equipment provided by a   telecommunications provider;                (5)  the installation, maintenance, alteration, or   repair of electrical equipment under the exclusive control of an   electric utility, power generation company as defined by Sections   31.002(1) and (10), Utilities Code, electric cooperative, or   municipally owned utility and used for communications or metering,   or for the generation, control, transformation, transmission, and   distribution of electrical energy, and located:                      (A)  in a building used exclusively by a utility   or power generation company for those purposes;                      (B)  outdoors on property owned or leased by the   utility or power generation company;                      (C)  on public highways, streets, roads, or other   public rights-of-way; or                      (D)  outdoors by established rights in vaults or   on private property;                (6)  work not specifically regulated by a municipal   ordinance that is performed in or on a dwelling by a person who owns   and resides in the dwelling;                (7)  work involved in the manufacture of electrical   equipment that includes the on-site and off-site manufacturing,   commissioning, testing, calibrating, coordinating,   troubleshooting, or evaluating of electrical equipment, the   repairing or retrofitting of electrical equipment with components   of the same ampacity, and the maintenance and servicing of   electrical equipment within the equipment's enclosure that is   performed by an authorized employee or authorized representative of   an electrical equipment manufacturer and limited to the type of   products manufactured by the manufacturer;                (8)  electrical work if:                      (A)  the work is performed by a person who does not   engage in electrical work for the public;                      (B)  the work is performed by a person regularly   employed as a maintenance person or maintenance electrician for a   business; and                      (C)  the electrical work does not involve the   installation of electrical equipment during new construction as   defined by rules adopted under Chapter 151, Tax Code;                (9)  the installation, maintenance, alteration, or   repair of electrical equipment or associated wiring under the   exclusive control of a gas utility and used for communications or   metering or for the control, transmission, or distribution of   natural gas;                (10)  thoroughfare lighting, traffic signals,   intelligent transportation systems, and telecommunications   controlled by a governmental entity;                (11)  electrical connections supplying heating,   ventilation, and cooling and refrigeration equipment, including   any required disconnect exclusively for the equipment, if the   service is performed by a licensed air conditioning and   refrigeration contractor under Chapter 1302;                (12)  the design, installation, erection, repair, or   alteration of Class 1, Class 2, or Class 3 remote control,   signaling, or power-limited circuits, fire alarm circuits, optical   fiber cables, or communications circuits, including raceways, as   defined by the National Electrical Code;                (13)  landscape irrigation installers, as necessary to   perform the installation and maintenance of irrigation control   systems, and landscapers, as necessary to perform the installation   and maintenance of low-voltage exterior lighting and holiday   lighting excluding any required power source;                (14)  electrical work performed at a business that   operates:                      (A)  a chemical plant, petrochemical plant,   refinery, natural gas plant, natural gas treating plant, pipeline,   or oil and gas exploration and production operation by a person who   works solely for and is employed by that business; or                      (B)  a chemical plant, petrochemical plant,   refinery, natural gas plant, or natural gas treatment plant by a   person who under a contract of at least 12 months' duration performs   electrical work for that plant and:                            (i)  the electrical work is not performed   during new construction as defined by rules adopted under Chapter   151, Tax Code; or                            (ii)  the person is not working for a   contractor that has a principal place of business in another state   or territory of the United States or a foreign country;                (15)  the installation, maintenance, alteration, or   repair of elevators, escalators, or related equipment, excluding   any required power source, regulated under Chapter 754, Health and   Safety Code;                (16)  the installation, maintenance, alteration, or   repair of equipment or network facilities provided or utilized by a   cable operator, as that term is defined by 47 U.S.C. Section 522, as   amended;                (17)  the location, design, construction, extension,   maintenance, and installation of on-site sewage disposal systems in   accordance with Chapter 366, Health and Safety Code, or an on-site   sewage facility installer licensed under Chapter 37, Water Code;                (18)  electrical work performed on a building,   structure, or equipment in agricultural use as defined by Section   11.002, Water Code, other than the processing of an agricultural   commodity;                (19)  the installation, maintenance, alteration, or   repair of well pumps and equipment in accordance with Chapter 1902;                (20)  electrical work required for the construction and   assembly of HUD-code manufactured housing or modular housing and   building units, other than the installation of service entrance   conductors, that is performed by a licensed manufacturer or   installer under Chapter 1201 or 1202, as applicable, if work   performed is within the scope of the license as defined by   applicable statutes and administrative rules;                (21)  work performed by a plumber who holds a license or   endorsement or is registered under Chapter 1301 that is necessary   to install, service, maintain, repair, or replace any type of   plumbing fixture or appliance, as described by Section 1301.002(7),   including a water heater, food disposer, garbage disposal, water   softener, dishwashing machine, and clothes washing machine on   existing electrical circuits only;                (22)  the maintenance or repair of a residential   appliance by a residential appliance dealer or manufacturer or a   person authorized by a residential appliance dealer or manufacturer   using only components of the same type and ampacity as the original   components; [ and ]                (23)  the maintenance, alteration, or repair of a   pool-related electrical device by, or pool-related electrical   maintenance performed by, an employee of a municipality on a pool   owned or operated by the municipality ; and                 (24)     a roofing contractor who installs on a building a   roofing material containing integrated photovoltaic technology if   the contractor does not connect the material to the electrical   wiring system of the building .          SECTION 2.  Section 1305.201, Occupations Code, is amended   by adding Subsection (g) to read as follows:           (g)     A municipality or region may not adopt or enforce an   ordinance or other regulation applicable to electrical work that   prohibits the installation on a building of a roofing material   containing integrated photovoltaic technology by a roofing   contractor if the contractor does not connect the material to the   electrical wiring system of the building.          SECTION 3.  This Act takes effect September 1, 2025.