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Senate Bill 1410 |
Senate Author: Jackson, Mike |
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Effective: See below |
House Sponsor: Gutierrez |
Senate Bill 1410 amends the Occupations Code to define "responsible master plumber" as a person licensed as a master plumber who allows that license to be used by one plumbing company for the purpose of offering and performing plumbing work under the license, obtains permits for plumbing work, assumes responsibility for plumbing work performed under the person's license, and has submitted the required certificate of insurance. The bill prohibits a person from acting as a responsible master plumber unless the person holds the appropriate license and meets the above requirements and requires a person that advertises or otherwise offers to perform or provide plumbing to secure the services of a responsible master plumber. The bill amends the information that must be included in a written contract relating to plumbing services performed by or under the direction of a licensed plumber to include the name and license number of the responsible master plumber and to require that the information also be included in a written proposal or invoice relating to such services. The bill modifies the definitions for "drain cleaner," "drain cleaner-restricted registrant," "journeyman plumber," "plumber's apprentice," "residential utilities installer," and "tradesman plumber-limited license holder" to include in the license qualifications that the person is under the supervision of a responsible master plumber and removes from the definition for "tradesman plumber-limited license holder" a person who has not met or attempted to meet the qualifications for a journeyman plumber license. The bill includes in the definition for "plumbing inspector" a person who is employed by or contracts as an independent contractor with a state agency and authorizes a plumbing inspector who meets the requirements of the board to hold a medical gas endorsement, in addition to being authorized to inspect medical gas piping installations.
Senate Bill 1410 creates an endorsement for a multipurpose residential fire protection sprinkler specialist and prohibits a person from the installation of such a sprinkler system that uses a single piping system for specified purposes unless the person is licensed as a master plumber or journeyman plumber and holds such an endorsement. The bill provides that a person who holds such an endorsement is not required to hold a license or registration issued by another state agency in order to install such a system and authorizes a plumbing inspector who meets requirements of the Texas State Board of Plumbing Examiners to inspect an installation of such a system. The bill prohibits a municipality from enacting an ordinance, bylaw, order, building code, or rule requiring the installation of a multipurpose residential fire protection sprinkler system or any other fire sprinkler protection system in a new or existing one- or two-family dwelling but authorizes a municipality to adopt an ordinance, bylaw, order, or rule allowing a multipurpose residential fire protection sprinkler specialist or other contractor to offer, for a fee, the installation of such a system in a new one- or two-family dwelling, and authorizes a multipurpose residential fire protection sprinkler specialist to install the system.
Senate Bill 1410 adds the violation of an order issued by the board to the acts that require the board to revoke, suspend, or refuse to renew a license, endorsement, or registration; adds the denial of such a credential to the disciplinary actions taken by the board in the event of a violation; and includes as a violation subject to such action the employment of a person who does not hold a license or endorsement or who is not registered to engage in an activity for which a license, endorsement, or registration is required. The bill establishes that the venue for an action brought in the name of the board to enjoin a person from violating these provisions or a board rule is in a district court in Travis County and authorizes the board's executive director to issue a cease and desist order as necessary to enforce these provisions if the executive director determines that the action is necessary to prevent a violation and to protect public health and safety, rather than authorizing the board, after notice and opportunity for a hearing, to issue such an order. The bill establishes a person's failure to pay an administrative penalty as grounds for the board to refuse to renew the person's license or registration and to refuse to issue a new license or registration to the person.
Senate Bill 1410 takes effect September 1, 2009, except the provisions relating to an endorsement for a multipurpose residential fire protection sprinkler specialist, which take effect June 1, 2010.