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
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   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
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    3-4  Name:  Gilbert Kissling                                        x
    3-5  Representing:  State Board of Plumbing Ex
    3-6  City:  Austin
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    3-8  Name:  Alonzo L Starkey III                                    x
    3-9  Representing:  State Board of Plumbing Exam
   3-10  City:  Austin
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   3-12  Name:  Michael J Warrn                                         x
   3-13  Representing:  State Board of Plumbing Exam
   3-14  City:  N Richland Hills
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   3-16  Name:  Thomas Combs                              x
   3-17  Representing:  Texas Plumbing Assn
   3-18  City:  Austin
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   3-20  Name:  Glenn Randle                              x
   3-21  Representing:  Mechanical Contractors of Tx
   3-22  City:  Austin
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