1-1 By: Yarbrough (Senate Sponsor - Brown) H.B. No. 740
1-2 (In the Senate - Received from the House April 7, 1993;
1-3 April 13, 1993, read first time and referred to Committee on State
1-4 Affairs; May 5, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 5, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE AMENDMENT NO. 1 By: Shelley
1-22 Amend H.B. 740, Section 3(b) by striking the phrase "This
1-23 subsection does not apply to a person installing medical gas piping
1-24 in a county with a population of 50,000 or less" (page 2, lines
1-25 24-26) and inserting the following phrase to read:
1-26 "This endorsement will coincide with the rules and
1-27 regulations adopted by the Texas Department of Health."
1-28 A BILL TO BE ENTITLED
1-29 AN ACT
1-30 relating to the regulation of plumbing activities, including the
1-31 installation of certain medical gas piping; providing a criminal
1-32 penalty.
1-33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-34 SECTION 1. The Plumbing License Law (Article 6243-101,
1-35 Vernon's Texas Civil Statutes) is amended by adding Section 8C to
1-36 read as follows:
1-37 Sec. 8C. MEDICAL GAS PIPING INSTALLATION ENDORSEMENT.
1-38 (a) A medical gas piping installation endorsement entitles a
1-39 holder of a master plumber license or journeyman plumber license to
1-40 install pipe used solely to transport gases used for medical
1-41 purposes.
1-42 (b) To be eligible for an endorsement under this section,
1-43 the license holder must perform satisfactorily on a separate
1-44 examination related to the endorsement.
1-45 (c) An endorsement under this section is valid for three
1-46 years and may be renewed on or before February 1, or as provided by
1-47 Section 12A of this Act, in the same manner as a license renewal
1-48 under Section 12 of this Act.
1-49 SECTION 2. Section 13, The Plumbing License Law (Article
1-50 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-51 follows:
1-52 Sec. 13. Fees. (a) The Board shall establish fees that are
1-53 reasonable and necessary to defray the cost of administering <fees
1-54 for the administration of> this Act. <in amounts not to exceed:>
1-55 <Master Plumber>
1-56 <Examination> <$ 75>
1-57 <License> <75>
1-58 <Renewal> <75>
1-59 <Journeyman Plumber>
1-60 <Examination> <50>
1-61 <License> <50>
1-62 <Renewal> <50>
1-63 <Plumbing Inspector>
1-64 <Examination> <25>
1-65 <License> <50>
1-66 <Renewal> <50>
1-67 (b) The Board may <shall> not maintain unnecessary fund
1-68 balances, and fee amounts shall be set in accordance with this
2-1 requirement.
2-2 SECTION 3. Section 14, The Plumbing License Law (Article
2-3 6243-101, Vernon's Texas Civil Statutes), is amended by amending
2-4 Subsections (b), (c), and (d) and adding Subsection (e) to read as
2-5 follows:
2-6 (b) A person may not install pipe used solely to transport
2-7 gases for medical purposes unless the person is licensed as a
2-8 master plumber or journeyman plumber under this Act and holds an
2-9 endorsement issued under Section 8C of this Act. This subsection
2-10 does not apply to a person installing medical gas piping in a
2-11 county with a population of 50,000 or less.
2-12 (c) An offense under this section is a Class C misdemeanor
2-13 <as defined by the Penal Code>.
2-14 (d) <(c)> In addition to any other action, proceeding, or
2-15 remedy authorized by law, the Board may institute an action in its
2-16 own name against any person to enjoin any violation of this Act or
2-17 any rule of the Board. In order for the Board to sustain the
2-18 action, it is not necessary to allege or prove either that an
2-19 adequate remedy at law does not exist or that substantial or
2-20 irreparable damage would result from the continued violation of
2-21 this Act or a Board rule. Any party to the action may appeal the
2-22 cause. The Board may not be required to give any appeal bond in
2-23 any cause arising under this Act. The attorney general shall
2-24 represent the Board in all actions and proceedings to enforce this
2-25 Act.
2-26 (e) <(d)> A field representative or, within the jurisdiction
2-27 of that municipality, a municipal plumbing inspector or water
2-28 district plumbing inspector, may issue a citation to a person who
2-29 engages in conduct described by Subsection (e) of Section 9 of this
2-30 Act.
2-31 SECTION 4. A person who engages in the installation of
2-32 medical gas piping is not required to obtain an endorsement under
2-33 this Act until February 1, 1994.
2-34 SECTION 5. This Act takes effect September 1, 1993, except
2-35 that Section 3 of this Act takes effect February 1, 1994.
2-36 SECTION 6. The importance of this legislation and the
2-37 crowded condition of the calendars in both houses create an
2-38 emergency and an imperative public necessity that the
2-39 constitutional rule requiring bills to be read on three several
2-40 days in each house be suspended, and this rule is hereby suspended.
2-41 * * * * *
2-42 Austin,
2-43 Texas
2-44 May 5, 1993
2-45 Hon. Bob Bullock
2-46 President of the Senate
2-47 Sir:
2-48 We, your Committee on State Affairs to which was referred H.B. No.
2-49 740, have had the same under consideration, and I am instructed to
2-50 report it back to the Senate with the recommendation that it do
2-51 pass, as amended, and be printed.
2-52 Harris of
2-53 Dallas, Chairman
2-54 * * * * *
2-55 WITNESSES
2-56 FOR AGAINST ON
2-57 ___________________________________________________________________
2-58 Name: Stanley J. Briers x
2-59 Representing: Board of Plumbing Examiners
2-60 City: Taylor Lake Villance
2-61 -------------------------------------------------------------------
2-62 Name: David Marwitz x
2-63 Representing: Texas Hospital Assn
2-64 City: Austin
2-65 -------------------------------------------------------------------
2-66 Name: David Altmon x
2-67 Representing: Tx Dept of Health
2-68 City: Austin
2-69 -------------------------------------------------------------------
2-70 Name: Dale Dumbleton x
3-1 Representing: American Medical Gas Institut
3-2 City: DesÆrehan LA
3-3 -------------------------------------------------------------------
3-4 Name: Gilbert Kissling x
3-5 Representing: State Board of Plumbing Ex
3-6 City: Austin
3-7 -------------------------------------------------------------------
3-8 Name: Alonzo L Starkey III x
3-9 Representing: State Board of Plumbing Exam
3-10 City: Austin
3-11 -------------------------------------------------------------------
3-12 Name: Michael J Warrn x
3-13 Representing: State Board of Plumbing Exam
3-14 City: N Richland Hills
3-15 -------------------------------------------------------------------
3-16 Name: Thomas Combs x
3-17 Representing: Texas Plumbing Assn
3-18 City: Austin
3-19 -------------------------------------------------------------------
3-20 Name: Glenn Randle x
3-21 Representing: Mechanical Contractors of Tx
3-22 City: Austin
3-23 -------------------------------------------------------------------