73R5076 JMM-F
          By Hilbert, et al.                                    H.B. No. 1426
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of plumbing.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 3, The Plumbing License Law (Article
    1-5  6243-101, Vernon's Texas Civil Statutes), is amended to read as
    1-6  follows:
    1-7        Sec. 3.  ACTS PERMITTED WITHOUT A LICENSE.  The following
    1-8  acts, work and conduct shall be expressly permitted without
    1-9  license:
   1-10              (a)  Plumbing work done by a property owner in a
   1-11  building owned or occupied by him as his homestead;
   1-12              (b)  Plumbing work that is not connected to a public
   1-13  water system and that is done:
   1-14                    (1)  outside the municipal limits of any
   1-15  organized city, town or village in this state and not within 10
   1-16  miles of a city, town or village of 50,000 or more inhabitants;<,>
   1-17  or
   1-18                    (2)  within a <any such> city, town or village of
   1-19  less than <five thousand (>5,000<)> inhabitants that is not within
   1-20  10 miles of a city, town or village of 50,000 or more inhabitants,
   1-21  unless a license is required by ordinance in the <such> city, town
   1-22  or village of less than <five thousand (>5,000<)> inhabitants;
   1-23              (c)  Plumbing work done by anyone who is regularly
   1-24  employed as or acting as a maintenance man or maintenance engineer,
    2-1  incidental to and in connection with the business in which he is
    2-2  employed or engaged, and who does not engage in the occupation of a
    2-3  plumber for the general public; construction, installation and
    2-4  maintenance work done upon the premises or equipment of a railroad
    2-5  by an employee thereof who does not engage in the occupation of a
    2-6  plumber for the general public; and plumbing work done by persons
    2-7  engaged by any public service company in the laying, maintenance
    2-8  and operation of its service mains or lines to the point of
    2-9  measurement and the installation, alteration, adjustment, repair,
   2-10  removal and renovation of all types of appurtenances, equipment and
   2-11  appliances, including doing all that is necessary to render the
   2-12  appliances useable or serviceable; appliance installation and
   2-13  service work done by anyone who is an appliance dealer or is
   2-14  employed by an appliance dealer, and acting as an appliance
   2-15  installation man or appliance service man in connecting appliances
   2-16  to existing piping installations; water treatment installations,
   2-17  exchanges, services, or repairs.  Provided, however, that all work
   2-18  and service herein named or referred to shall be subject to
   2-19  inspection and approval in accordance with the terms of all local
   2-20  valid city or municipal ordinances;
   2-21              (d)  Plumbing work done by a licensed irrigator or
   2-22  licensed installer when working and licensed under Chapter 197,
   2-23  Acts of the 66th Legislature, Regular Session, 1979 (Article 8751,
   2-24  Vernon's Texas Civil Statutes).  A person holding a valid license
   2-25  from the Texas State Board of Plumbing Examiners shall not be
   2-26  required to be licensed by any other board or agency when
   2-27  installing or working on a lawn irrigation system;
    3-1              (e)  Plumbing work done by an LP Gas installer when
    3-2  working and licensed under Chapter 113, Natural Resources Code, as
    3-3  amended.
    3-4        SECTION 2.  Section 15, The Plumbing License Law (Article
    3-5  6243-101, Vernon's Texas Civil Statutes), is amended to read as
    3-6  follows:
    3-7        Sec. 15.  Municipal Rules And Regulations.  Every city or
    3-8  town in this state of 5,000 or more <than five thousand (5,000)>
    3-9  inhabitants shall, and any city or town of this state of less than
   3-10  5,000 inhabitants may, by ordinance or by-law, prescribe rules and
   3-11  regulations for the materials, construction, alteration and
   3-12  inspection of all pipes, faucets, tanks, valves and other fixtures
   3-13  by and through which a supply of water, gas or sewage is used or
   3-14  carried; and provided that they shall not be placed in any building
   3-15  therein except in accordance with such rules and regulations; and
   3-16  shall further provide that no plumbing shall be done except in case
   3-17  of repairing of leaks, without a permit being first issued therefor
   3-18  upon such terms and conditions as such city or town shall
   3-19  prescribe; provided that no such ordinance, by-law, rule or
   3-20  regulation prescribed by any such city or town shall be
   3-21  inconsistent with this Act, or any rule or regulation adopted or
   3-22  prescribed by the State Board of Plumbing Examiners.
   3-23        SECTION 3.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended,
    4-1  and that this Act take effect and be in force from and after its
    4-2  passage, and it is so enacted.