(a) The executive director may grant emergency electrician licenses when:
  (1) in response to an emergency as defined by Gov. Code, §418.004, a state of disaster is declared by;
    (A) the Governor pursuant to Gov. Code, §418.014; or,
    (B) the presiding officer of the governing body of a local governmental entity pursuant to Gov. Code, §418.108, and,
  (2) the executive director determines that a sufficient number of persons holding electrical licenses recognized under Texas Occupations Code, Chapter 1305 is not available to perform electrical work needed to timely respond to the disaster.
(b) To obtain an emergency license, an applicant must:
  (1) be currently licensed by another state of the United States to perform electrical work in the licensing state; and,
  (2) submit a completed application on a form acceptable to the department, along with appropriate attachments and the required fee.
(c) Emergency licenses will be classified as master, master sign, journeyman, journeyman sign, residential wireman, journeyman lineman, or maintenance electrician and will be issued to applicants at a level equivalent to the license the applicant holds in another state.
(d) An emergency license will expire ninety days after issuance, and:
  (1) is valid only in the disaster area designated by the governor, or in the jurisdiction of a local governmental entity declaring a disaster;
  (2) is valid only during the time of a declared disaster and its declared recovery period, if any; and
  (3) may be renewed for an additional ninety days if:
    (A) the declared disaster and any applicable recovery period continue on the eightieth day of the emergency license;
    (B) the executive director determines, at that time, that a sufficient number of persons holding electrical licenses recognized under Texas Occupations Code, Chapter 1305 is not available to perform electrical work needed to timely respond to the disaster; and,
    (C) submits a completed renewal application on a form acceptable to the department, along with appropriate attachments and the required fee.
(e) A person holding an emergency license must perform electrical work:
  (1) on behalf of an electrical contractor, an electrical sign contractor, or an employing governmental entity; and,
  (2) in compliance with all applicable statutes, administrative rules, and ordinances.
(f) The fee for emergency licenses will be the amount set out in §73.80 for the class of emergency license issued.

Source Note: The provisions of this §73.28 adopted to be effective October 20, 2005, 30 TexReg 6730; amended to be effective January 1, 2010, 34 TexReg 9433; amended to be effective January 1, 2014, 38 TexReg 9515