Lonnie Stabler

Let me explain a few items... I was part of the electrical sign industry that helped integrate components of the original law and the Manufacturers Exemption was never intended as a method to exempt the sell or manufacturing processes associated with ordinary manufacturing of regular electrical products including signs. This exemption was specifically written to address the complicated and precision manufacturing, calibration, installation and servicing of special proprietary electrical products such as switch gears, integrated electrical circuitry and other specialized electric products that required proprietary and often guarded knowledge to safely and adequately install, service, calibrate and install. It is in the records if you care to research... TDLR cannot prohibit the sell of a listed electrical product, otherwise folks would have a hard time buying those open signs at Sam's Club... or those work lights at Lowe's and Home Depot. This goes for ANY ELECTRICAL PRODUCT WHICH MEETS THE CURRENT LISTING STANDARD IT HAS BE TESTED FOR by a NRTL (National Recognized Testing Laboratory).

Let's get the facts straight...Anyone can sell any listed electrical product in Texas without a license... including a sign. You must have an elecrical contractors license or an electrical sign contractors license to manufacture, install or service an electric sign or to even offer to perform any of these functions (bid or contract to perform these functions). You can currently sell a LISTED sign to an end user and provide them a list of preferred licensed installers that he can choose from. This way the end user is assured of getting a competitive price on their sign as well as a competitive price for the installation. No need to mark up the install. If the seller offers to perform elecrical work or electrical sign work with or without a license they are considered a contractor. Contractors MUST BE LICENSED. In addition elecrical signs must be designed by a master electrician or a master sign electrician if manufactured in Texas. There have been complaints from unlicensed companies about the law requiring them to hire a responsible person (a master electrician or master sign electrician to make sure things are done right and to serve as their master of record). NOW HEAR THIS...the law says they can hire a master full time, part time or even seasonally if they only do a small number of signs for a specific project. Oh and keep in mind their are approx, 6,000 masters not currently serving as masters of record for anyone. I hope you are starting to see the picture, I only wish some of the Texas legislators could. Unlicensed persons, agents or companies 1. They don't want to have an employee because they might have to contribute to their social security, provide them benefits or provide liability. 2. They don't want the responsibility for permitting or making sure the job is done to code. 3. They want to mark the job up so they can hide their profit and blame to licensed contractor for the cost of the job. 4. They don't want to answer to the Texas Department of Licensing and Regulation when a complaint is filed (because the exemption they are seeking would shift all the burden to the licensed contractor performing the installation for them, even if their specifications are inadequate, incompetent or faulty by engineering, design or hardware deficiencies. 5. It must be the cost of license. Wow it is $115.00 annually. I believe even the smallest of sign shops can afford that. My concern has always been safety and accountability to the end user and the public by supporting the current law as written and interpreted. I might also mention that the original interpretation of the law was wrong when TDLR originally allowed non-licensed individuals, agents and companies to offer to perform this type of contracting without a license so long as they used someone else to do the electrical work besides themselves. Through the electrical advisory board, members of TDLR staff and by consulting with the office of the Texas Attorny General it was determined that this was an incorrect interpretation and those that had been permitted to contract the sell and installation of signs were given over a year to comply with the correct interpretation of getting a contractors license. I would say this is most accomodating. NOW GET THIS...TDLR testifies during committee hearings of the House Licensing and Regulatory Committee that if passed this proposed HB 1352 will allow their original incorrect interpretation to become correct. Mandating and suggesting language for a law via endorsement of a specific bill rather that simply answering direct questions as the agency expert may border on unethical procedural practices by a regulatory body charged with licensing and enforcement of the law.