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By John A. Stephens
TFB Associate General Counsel
Let's suppose you want to install a new light fixture in your barn or move an electrical outlet from one place to somewhere more convenient. You could call a licensed electrician to do the job, but that's an unnecessary expense when you can do it yourself. Sound familiar? Most farmers and ranchers do a lot of their own electrical work to save money, but a law recently passed by the Texas Legislature put the legality of do-it-yourself electrical work in question.
The Texas Electrical and Safety Licensing Act was passed into law during 2003, to become effective Sept. 1, 2004. Before passage of this law, electrical work regulation was mainly left to the discretion of cities, towns and counties across the state, which resulted in different rules from place to place and no regulation in some areas. The new law creates a state license for six classes of electricians and two classes of contractors and adopts statewide standards for electrical workers in Texas. In areas where no municipal codes are applicable, the national electrical code is officially adopted as our statewide standard. Generally, after Sept. 1, 2004, a person may not perform electrical work unless the person holds an appropriate license issued or recognized under the Act. However, there are exceptions. The Act provides a list of certain types of electrical work that can be performed by a non-licensed individual. One of the listed exemptions reads as follows:
"(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";
This exemption would allow a farmer or rancher to perform his own electrical work in his primary dwelling if he lived outside the boundaries of any municipal ordinances. That is helpful as far as it goes, but what about electrical work performed on irrigation equipment or in out buildings?
When the statute was passed, the legislature put electrical work regulation under the control of the Texas Department of Licensing and Regulation (the "TDLR"). The TDLR maintains its own website at www.license.state.tx.us. On the main page, under "Programs," click on "Electricians" to access the information on this issue. In their "Frequently Asked Questions" section, you will find the following two questions and answers:
"19. I work as an electrician solely in agricultural operations, such as farming or ranching. Do I need a statewide electrician's license?
"No. House Bill 24, passed by the 78th Texas Legislature, instructs the Texas Department of Licensing and Regulation (TDLR) not to enforce any electrician licensing requirements or electrical code requirements of the Electrical Safety Law (House Bill 1487) that pertain to the installation, maintenance, alteration or repair of electrical equipment or wiring in or on buildings, devices, pumps, structures, or premises used solely for agricultural uses, including the production or delivery of water used in agricultural.
"20.What qualifies as an agriculture operation?
"An agricultural operation is:
"(A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers;
"(B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media, by a nursery grower;
"(C) raising, feeding or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value;
"(D) raising or keeping equine animals;
"(E) wildlife management; and
"(F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure."
Even though it is not in the Texas Electrical Safety Act, in the same session, the Texas Legislature created the specific exception for electrical work on premises used for agricultural purposes. If you have an interest in looking at the Act itself, it can also be located at the TDLR website on the "Electrician Licensing" page.
It's important to remember that even though a licensed electrician may not be required for most electrical work around your farm or ranch, the exceptions to the Act don't provide any defense to liability for injuries or damages due to faulty work. As an example, if a person were electrocuted using a power tool in your barn, you could still be sued for negligence and face allegations that you improperly installed an electrical outlet.
If you have a legal question or issue that might also be of interest to others, please feel free to submit it for possible use in upcoming issues; email your question to: John Stephens, TFB associate general counsel, at jstephens@txfb.org
The information provided in this article is not intended to be specific legal advice nor should it be relied upon as such. For legal advice specific to your situation, consult an attorney.
