73R5305 DLF-F
By Yarbrough H.B. No. 1348
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of the use of lead in plumbing applications;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 5, Health and Safety Code, is
1-6 amended by adding Chapter 346 to read as follows:
1-7 CHAPTER 346. LEAD IN PLUMBING FIXTURES
1-8 Sec. 346.001. DEFINITIONS. In this chapter:
1-9 (1) "Board" means the Texas State Board of Plumbing
1-10 Examiners.
1-11 (2) "Commission" means the Texas Water Commission.
1-12 Sec. 346.002. RULEMAKING. The board and commission may
1-13 adopt joint rules, and may adopt the Uniform Plumbing Code or
1-14 Southern Standard Building Code, to implement this chapter.
1-15 Sec. 346.003. USE OF LEAD IN PLUMBING FIXTURES PROHIBITED.
1-16 (a) A person may not use or cause or permit the use of a faucet,
1-17 pipe, or pipe fitting that contains more than 8.0 percent lead for
1-18 installing or repairing:
1-19 (1) a public water supply; or
1-20 (2) plumbing that provides water for human consumption
1-21 and is connected to a public drinking water system.
1-22 (b) A person may not use or cause or permit the use of
1-23 solders and flux that contain more than 0.2 percent lead for
1-24 installing or repairing:
2-1 (1) a public water supply; or
2-2 (2) plumbing that provides water for human consumption
2-3 and is connected to a public drinking water system.
2-4 (c) The board and commission may adopt joint rules
2-5 authorizing the use of lead joints necessary to repair cast-iron
2-6 pipe.
2-7 Sec. 346.004. CRIMINAL OFFENSE. (a) A person commits an
2-8 offense if the person violates Section 346.003 or a rule adopted
2-9 under this chapter.
2-10 (b) An offense under this section is punishable by a fine of
2-11 not less than $50 or more than $200.
2-12 (c) Each violation of Section 346.003 is a separate offense
2-13 and each day of a continuing violation is a separate offense.
2-14 Sec. 346.005. ENHANCED CRIMINAL PENALTY. If it is shown on
2-15 the trial of an offense under Section 346.004 involving a violation
2-16 of Section 346.003 that the defendant has been convicted of an
2-17 offense under Section 346.004 for such a violation that occurred
2-18 during the 12 months preceding the date on which the offense being
2-19 tried occurred, the offense is punishable by:
2-20 (1) a fine of not less than $200 or more than $1,000;
2-21 (2) confinement in jail for not more than 30 days; or
2-22 (3) both a fine and confinement.
2-23 Sec. 346.006. INJUNCTION; CIVIL PENALTY. (a) If it appears
2-24 that a person has violated, is violating, or is threatening to
2-25 violate Section 346.003 or a rule adopted under this chapter, the
2-26 attorney general at the request of the board and commission, or a
2-27 county or municipal attorney of the municipality or county in which
3-1 a violation has occurred, is occurring, or is threatened, may
3-2 institute a civil suit for:
3-3 (1) injunctive relief to restrain the person from the
3-4 violation;
3-5 (2) the assessment and recovery of a civil penalty for
3-6 a violation; or
3-7 (3) both injunctive relief and a civil penalty.
3-8 (b) The penalty may not exceed $5,000 a day for each
3-9 violation. Each day of a continuing violation may be considered a
3-10 separate violation for the purpose of penalty assessment.
3-11 (c) The commission and board are indispensable parties in a
3-12 suit brought by a county or municipal attorney under this section.
3-13 (d) A suit brought under this section may be brought in the
3-14 county in which the violation occurred, is occurring, or is
3-15 threatened, the county in which the defendant resides, or Travis
3-16 County.
3-17 (e) A civil penalty recovered in a suit brought by the
3-18 attorney general under this section shall be deposited in the state
3-19 treasury to the credit of the general revenue fund. One-half of a
3-20 civil penalty recovered in a suit brought by a county or municipal
3-21 attorney under this section shall be deposited in the state
3-22 treasury to the credit of the general revenue fund and the
3-23 remaining one-half shall be paid to the county or municipality that
3-24 brought the suit.
3-25 (f) In a suit under this section, the court may grant, after
3-26 notice and hearing, the board and commission, or the county or
3-27 municipality, any injunctive relief warranted by the facts,
4-1 including a temporary restraining order, temporary injunction, or
4-2 permanent injunction. The court may not require the board and
4-3 commission or the county or municipality to provide a bond or other
4-4 undertaking in connection with the request for injunctive relief.
4-5 Sec. 346.007. ADMINISTRATIVE PENALTY. (a) The board or
4-6 commission may assess an administrative penalty against a person
4-7 who violates Section 346.003 or a rule adopted by the board and
4-8 commission under this chapter.
4-9 (b) The board and commission shall adopt joint rules
4-10 relating to notice, hearing, and other procedures for assessing an
4-11 administrative penalty under this section.
4-12 (c) The penalty may not exceed $5,000 a day for each
4-13 violation. Each day of a continuing violation may be considered a
4-14 separate violation for the purpose of penalty assessment.
4-15 SECTION 2. This Act takes effect September 1, 1993, and
4-16 applies only to conduct occurring on or after the effective date of
4-17 this Act.
4-18 SECTION 3. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.