On The Level: July 2023


On The Level new

Vol. 9     |  July 2023


TDLR Is Here For You

mike arismendez

Thank you for reading this issue of On The Level. You'll find a lot of useful information here, no matter which TDLR license you hold. 

I wanted to take this opportunity to remind you that our TDLR staffers are an excellent resource for any technical questions you may have. Please don't hesitate to contact us using our webform if you need any information. Your email will be promptly routed to the Regulatory Program Management staffer who can best assist you.

Texas continues to add jobs at a record-breaking pace, and I know that our TDLR licensees and small businesses are a large part of that economic engine. We appreciate everything you do to help move Texas forward. Stay safe!

Regards, 

Mike Arismendez Jr.

Executive Director



Legislative Update: 88th Session

sunset capitol

The 88th Texas Legislature Regular Session came to a close on Monday, May 29. As you may have heard, the governor immediately called legislators back for a special session on border security and property taxes. Fortunately for TDLR, we don’t anticipate any TDLR-related issues to be discussed during the special session (or sessions if more are to follow) but we had plenty to keep us busy in the regular session.

The biggest impact to the agency is that the budget will provide funding for TDLR to purchase a new, modernized licensing system to replace the six different systems we use today. This will provide an extremely powerful, positive and up-to-date experience for all our licensees as we will eventually be able to migrate away from paper-based forms and clunky old user interfaces. A new modern system will also greatly enhance online security and data protection, which benefits everyone. But most importantly, you’ll be able to apply or renew a license faster and easier than you can today. Stay tuned for more updates on this front.

Here’s the outcome on industrial trade-related bills that have been signed by Governor Abbott and their effective dates – click on the blue link to go to the Texas Legislature Online page for that bill and see the complete text (“enrolled” version):

  • HB 1859 by Schaefer, relating to the regulation of air conditioning and refrigeration contracting, including eligibility for an air conditioning and refrigeration technician registration or certification. HB 1859 seeks to help increase the number of HVAC technicians in Texas by removing barriers and creating an opportunity for high school students or community college students to receive HVAC certification. Effective 9/1/23.
  • SB 1213 by Zaffirini, relating to establishing the Mold Assessment and Remediation Advisory Board at TDLR. SB 1213 will establish an 11-member advisory board to advise TDLR and the Texas Commission of Licensing and Regulation on issues affecting mold assessment and remediation, and giving us access to the valuable expertise and perspectives of mold assessors and remediators. Effective 5/29/23, members appointed no later than 12/1/23.
  • SB 1802 by Springer, relating to administrative procedures in the architectural barriers program at the Texas Department of Licensing and Regulation. This bill will create consistency with our enabling law and enhance our existing authority to enforce the laws relating to the elimination of architectural barriers. Effective 9/1/23.
  • HB 1391 by Schaefer, relating to the regulation of electricians, including the requirements to obtain a residential wireman license. Like HB 1859, HB 1391 seeks to address the shortage of electricians in Texas by removing barriers and creating opportunity for high school or community college students to receive a residential wireman license after taking the required classes, practical components, and passing the licensing examination. Effective 9/1/23.
  • HB 2024 by Leach, relating to statutes of limitation and repose for certain claims arising out of residential construction. HB 2024 establishes new limitations periods for bringing suit for damages arising out of the design, construction, or repair of certain residential construction to require a person to bring suit for damages for certain claims not later than 10 years after completion. However, if the contractor being sued has provided a written warranty for a minimum of one year for workmanship and materials, two years for plumbing, electrical, heating and air-conditioning systems, and six years for major structural components, then a suit must be brought no later than six years after completion of the project. Effective 6/9/23.
  • HB 3744 by Goldman, relating to the regulation of water well drillers and water well pump installers. This is a statutory cleanup bill to update outdated language. Effective 9/1/23.
  • SB 1746 by Perry, relating to an exemption from the requirement to obtain a permit from a groundwater conservation district for certain temporary water wells. SB 1746 provides for an exemption from groundwater conservation district permitting requirements for a temporary well that is to be used to supply water for a rig engaged in drilling a groundwater production well. Effective 9/1/23.

Be sure to check out the 88th Texas Legislature webpage to see the complete list of bills related to TDLR that passed this session.



Elevator & Escalator Safety Program:

Elevator, Escalator Administrative Code Readopted

general counsel gavel law books

As a result of the required four-year rule review, the Texas Commission of Licensing and Regulation readopted the rules at 16 TAC Chapter 74, Elevators, Escalators, and Related Equipment. The readoption notice was published in the March 24, 2023, issue of the Texas Register (48 TexReg 1644) and is available online.