UPDATED: Texas secedes from reality, outlaws Lighting Design as we know it.
This morning, the Texas House Senate passed HB 2649, which outlaws nearly all theatrical lighting designers currently working. This bill forces all lighting designers to be either licensed electricians, or registered as an architect or interior designer.
SECTION 3. Subchapter G, Chapter 1001, Occupations Code, is
amended by adding Section 1001.3011 to read as follows:
Sec. 1001.3011. LIGHTING DESIGN; LICENSE OR REGISTRATION
REQUIRED. (a) A person may not perform or offer to perform
lighting design services unless the person is:
(1) licensed as an engineer under this chapter;
(2) registered as an architect, landscape architect,
or interior designer under Subtitle B, Title 6; or
(3) licensed under Chapter 1305.
(b) In this section, “lighting design services” means the
preparation of plans and specifications that depict the placement
and direction of illumination of mounted or installed lighting
fixtures in the interior or exterior of a building, including the
specification of bulbs, reflectors, lens, louvers, baffles, and
other hardware. The term does not include the preparation of shop
drawings or other directions from a manufacturer for the
installation or operation of lighting fixtures.
SECTION 4. Section 1001.401, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) A license holder is not required to provide or hold any
additional certification, other than a license issued under this
chapter, to seal an engineering plan, specification, plat, or
report.
SECTION 5.Subchapter F, Chapter 1051, Occupations Code, is
amended by adding Section 1051.308 to read as follows:
Sec. 1051.308. LIGHTING DESIGN; REGISTRATION OR LICENSE
REQUIRED. (a) A person may not perform or offer to perform
lighting design services unless the person is:
(1) registered as an architect, landscape architect,
or interior designer under this subtitle;
(2) licensed as an engineer under Chapter 1001; or
(3) licensed under Chapter 1305.
(b) In this section, “lighting design services” means the
preparation of plans and specifications that depict the placement
and direction of illumination of mounted or installed lighting
fixtures in the interior or exterior of a building, including the
specification of bulbs, reflectors, lens, louvers, baffles, and
other hardware. The term does not include the preparation of shop
drawings or other directions from a manufacturer for the
installation or operation of lighting fixtures.
SECTION 6. Subchapter D, Chapter 1305, Occupations Code, is
amended by adding Section 1305.1511 to read as follows:
Sec. 1305.1511. LIGHTING DESIGN; LICENSE OR REGISTRATION
REQUIRED. (a) A person may not perform or offer to perform
lighting design services unless the person is:
(1) licensed under this chapter;
(2) licensed as an engineer under Chapter 1001; or
(3) registered as an architect, landscape architect,
or interior designer under Subtitle B, Title 6.
(b) In this section, “lighting design services” means the
preparation of plans and specifications that depict the placement
and direction of illumination of mounted or installed lighting
fixtures in the interior or exterior of a building, including the
specification of bulbs, reflectors, lens, louvers, baffles, and
other hardware. The term does not include the preparation of shop
drawings or other directions from a manufacturer for the
installation or operation of lighting fixtures.
This bill will become law if signed by the governor, but it also has the votes to override a veto . BackstageJobs.com urges every designer to join with the IALD in opposing this misguided bill. Otherwise, as of September 1, 2009, there will be a lot of shows going dark.
Also, a giant hat tip to Jim On Light (also @jimonlight) for bringing this to my attention.
Hudson & Gaines
I assume U.S.A. will fight this?
Waiting on a response from an e-mail to USA 829.
I am not an expert on Texas state law, but since this has already passed both the state house of representatives and the state senate, and since they are no longer in session, contacting them would not be effective. As I understand it, if Governor Perry vetoes the bill, the state congress could not override his veto unless he called them back into special session. So, I would think that the plan of attack would be to contact the governor of Texas, Governor Perry, and to do it soon.
Just more proof that Texas doesn’t deserve to be part of civilized society. Let ‘em secede into Texastan…
What? What on earth are community theatres, schools, etc. supposed to do? Be dark? This is insane.
I’m about to post a correction, but I’ll also mention it here.
The offending version is the Senate version. This bill needs to go back to the House for these amendments to be approved. So it’s not down to the governor, yet.
What precipitates this stupidity? Who in the Texas legislature even knows what a theatrical lighting designer does?
What exactly is required for one to get one’s electrical or architectural liscence? Is this bill just trying to keep people safe, or is the state deliberately trying to put people out of work, or make money through liscensure programs? There has to be more to this story…
perhaps a change of title to “lighting director” or some such thing?
The word is out and running rampant through the Austin/Texas theater network. The wording is rather vague. I think there will be some amendments to the bill-
Does the bill pertain to pertinent installations or temporary installations? Most shows follow the rules for temporary installations. Any ideas?
That’s the problem. The bill is part of the Occupations Code, and is so broadly worded that it currently covers everything. One rumor I have heard is that this is in response to the Cowboys practice facility collapse a few weeks back. But instead of tightening regulations on the installation itself, it instead forces the designer to do the work that the construction engineer should be doing.
Instead of enforcing the existing code, it punishes those that the Congressmen think are responsible just because they aren’t familiar with the job title.
Anyone who dares to take a look at the Texas constitution and corresponding hunk o’ legislation will find a horribly confusing and bizzare network of small-scoped micromanaging laws and regulations. The whole thing is a mess.
That said, I would hope someone had a noble, if grossly ignorant, goal in sponsoring this bill.
When you write in, be sure to remind them of the consequences for UT and professional athletics in addition to the THOUSANDS of theatrical, cultural, and marketing events each year that utilize lighting designers.
As a corollary to Mr. Hudson, I agree that no designer should be doing an engineer’s work and vice versa. Two very different fields and agendas.
This sounds like a well intended person who is trying to create an opportunity for a friend or family member without the awareness or realization of the broader consequences for hundreds of others. The skills required to perform the jobs of electrician and designer are completely separate and must be kept that way. They are two different jobs and require completely different skill sets. Some people are lucky enough to have “all of the above” but not everyone fits that description and certainly should no be made to in order to do the one job where they already excel.
Per Michelle Habeck:
State Senator Bob Deuell (the bills senate sponsor) sent an email this afternoon saying: “Now I am 100% positive the lighting design industry is safe. The Governor’s office called this morning and said Governor Perry will veto the entire bill if that language remains in HB 2649. Consider it done. There is absolutely no doubt in my mind that this language will be removed from this bill.”
Producers, what if your next show’s lighting was designed by a….landscape architect?
In seriousness, does this truly relate to theatrical or temporary setups non-architectural in nature?
“b) In this section, “lighting design services” means the
preparation of plans and specifications that depict the placement
and direction of illumination of mounted or installed lighting
fixtures in the interior or exterior of a building, including the
specification of bulbs, reflectors, lens, louvers, baffles, and
other hardware.”
That’s ridiculously broad, and would include any temporary fixtures as well by the nature if its wording. Hence why theatrical designers are included under this law.
Technically if you move your desk lamp at home it’s illegal under these words…
Current bill versions have the LD text deleted (Section 3); and regardless of which version (Senate or House) that was “passed” by each body, both sides need to agree on the text before it gets to go to the Governor.
Actually, with all hub-bub about House Bill 2649, it was the SENATE version (SB2414) that only had Section 3 regarding Lighting Design. But the latest conference committee report (the agreed-to final version as of yesterday 30May09 6:27pm) has all references to Lighting & Lighting Design deleted. No worries, folks! Just keep an eye on Texas Senator Deuell in the 82nd Legislative Session (2011), if he sponsors something similar again!
–Dennis C.