By: Yarbrough H.B. No. 1348 73R5305 DLF-F 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.