73R1437 JMM-D
By Yarbrough H.B. No. 740
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of plumbing activities, including the
1-3 installation of certain medical gas piping; providing a criminal
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The Plumbing License Law (Article 6243-101,
1-7 Vernon's Texas Civil Statutes) is amended by adding Section 8C to
1-8 read as follows:
1-9 Sec. 8C. MEDICAL GAS PIPING INSTALLATION ENDORSEMENT. (a)
1-10 A medical gas piping installation endorsement entitles a holder of
1-11 a master plumber license or journeyman plumber license to install
1-12 pipe used to transport gases used for medical purposes.
1-13 (b) To be eligible for an endorsement under this section,
1-14 the license holder must perform satisfactorily on a separate
1-15 examination related to the endorsement.
1-16 (c) An endorsement under this section is valid for one year
1-17 and may be renewed annually on or before February 1, or as provided
1-18 by Section 12A of this Act, in the same manner as a license renewal
1-19 under Section 12 of this Act.
1-20 SECTION 2. Section 13, The Plumbing License Law (Article
1-21 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-22 follows:
1-23 Sec. 13. Fees. (a) The Board shall establish fees that are
1-24 reasonable and necessary to defray the cost of administering <fees
2-1 for the administration of> this Act. <in amounts not to exceed:>
2-2 <Master Plumber>
2-3 <Examination> <$ 75>
2-4 <License> <75>
2-5 <Renewal> <75>
2-6 <Journeyman Plumber>
2-7 <Examination> <50>
2-8 <License> <50>
2-9 <Renewal> <50>
2-10 <Plumbing Inspector>
2-11 <Examination> <25>
2-12 <License> <50>
2-13 <Renewal> <50>
2-14 (b) The Board may <shall> not maintain unnecessary fund
2-15 balances, and fee amounts shall be set in accordance with this
2-16 requirement.
2-17 SECTION 3. Section 14, The Plumbing License Law (Article
2-18 6243-101, Vernon's Texas Civil Statutes), is amended by amending
2-19 Subsections (b), (c), and (d) and adding Subsection (e) to read as
2-20 follows:
2-21 (b) A person may not install pipe used to transport gases
2-22 used for medical purposes unless the person:
2-23 (1) is licensed as a master plumber or journeyman
2-24 plumber under this Act; and
2-25 (2) holds an endorsement issued under Section 8C of
2-26 this Act.
2-27 (c) An offense under this section is a Class C misdemeanor
3-1 <as defined by the Penal Code>.
3-2 (d) <(c)> In addition to any other action, proceeding, or
3-3 remedy authorized by law, the Board may institute an action in its
3-4 own name against any person to enjoin any violation of this Act or
3-5 any rule of the Board. In order for the Board to sustain the
3-6 action, it is not necessary to allege or prove either that an
3-7 adequate remedy at law does not exist or that substantial or
3-8 irreparable damage would result from the continued violation of
3-9 this Act or a Board rule. Any party to the action may appeal the
3-10 cause. The Board may not be required to give any appeal bond in
3-11 any cause arising under this Act. The attorney general shall
3-12 represent the Board in all actions and proceedings to enforce this
3-13 Act.
3-14 (e) <(d)> A field representative or, within the jurisdiction
3-15 of that municipality, a municipal plumbing inspector or water
3-16 district plumbing inspector, may issue a citation to a person who
3-17 engages in conduct described by Subsection (e) of Section 9 of this
3-18 Act.
3-19 SECTION 4. A person who engages in the installation of
3-20 medical gas piping is not required to obtain an endorsement under
3-21 this Act until February 1, 1994.
3-22 SECTION 5. This Act takes effect September 1, 1993, except
3-23 that Section 3 of this Act takes effect February 1, 1994.
3-24 SECTION 6. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.
4-2 COMMITTEE AMENDMENT NO. 1
4-3 Amendment to HB 740
4-4 In Section 8C(A), Line 12 after "used" and before "to" insert
4-5 "solely".
4-6 In Section 3, Section 14(b) Line 22 after "used" and before
4-7 "for" insert "solely".
4-8 Yarbrough