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.

89(R) SB 2864 - House Committee Report version - Bill Text

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.