By: Yarbrough H.B. No. 1865
73R5041 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of the Texas Board of Plumbing and
1-3 Mechanical Work and the regulation of plumbing and mechanical laws
1-4 and programs by that board; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The Revised Statutes are amended by adding Title
1-7 132B to read as follows:
1-8 TITLE 132B. TEXAS BOARD OF PLUMBING AND MECHANICAL WORK
1-9 Art. 9150. TEXAS BOARD OF PLUMBING AND MECHANICAL WORK
1-10 Sec. 1. DEFINITIONS. In this article, "board" means the
1-11 Texas Board of Plumbing and Mechanical Work.
1-12 Sec. 2. BOARD. (a) The Texas Board of Plumbing and
1-13 Mechanical Work consists of:
1-14 (1) one member who has not fewer than 10 years of
1-15 practical experience as a master plumber;
1-16 (2) one member who has not fewer than five years of
1-17 practical experience as a journeyman plumber;
1-18 (3) one member who has not fewer than five years'
1-19 experience as a plumbing contractor;
1-20 (4) one member who is a licensed sanitary engineer;
1-21 (5) one member who is a building contractor who has
1-22 not fewer than five years of contracting experience and who must be
1-23 principally engaged in home building;
1-24 (6) one member who is a building contractor who has
2-1 not fewer than five years of contracting experience and who must be
2-2 principally engaged in commercial building;
2-3 (7) one member who has not fewer than five years of
2-4 practical experience as a plumbing inspector;
2-5 (8) one member who is a licensed air conditioning and
2-6 refrigeration contractor;
2-7 (9) one member who is a licensed irrigator;
2-8 (10) one member who is a licensed engineer who has
2-9 mechanical design experience;
2-10 (11) one member who owns or uses a boiler in this
2-11 state;
2-12 (12) one member who is a building official from a city
2-13 with a population of 250,000 or more; and
2-14 (13) three members who are representatives of the
2-15 general public, one of whom must be a person with a disability.
2-16 (b) Members of the board are appointed by the governor with
2-17 the advice and consent of the senate.
2-18 (c) Appointments to the board shall be made without regard
2-19 to the race, color, disability, sex, religion, age, or national
2-20 origin of the appointees.
2-21 Sec. 3. OFFICERS; MEETINGS; COMPENSATION. (a) The board
2-22 annually shall select a presiding officer, assistant presiding
2-23 officer, and secretary-treasurer.
2-24 (b) The board shall hold at least two regular meetings each
2-25 year at which time an examination for a license under a law
2-26 administered by the board shall be offered. Additional meetings
2-27 may be held on the call of the presiding officer or at the written
3-1 request of three members of the board.
3-2 (c) A member of the board is entitled to a per diem as set
3-3 by the General Appropriations Act for each day that the member
3-4 engages in the business of the board. A member may not receive any
3-5 compensation for travel expenses, including expenses for meals and
3-6 lodging, other than transportation expenses as provided by the
3-7 General Appropriations Act.
3-8 Sec. 4. TERMS. (a) Members of the board are appointed for
3-9 staggered six-year terms, with three members' terms expiring on
3-10 February 1 of each odd-numbered year.
3-11 (b) A member appointed to fill a vacancy shall hold office
3-12 for the remainder of that term.
3-13 Sec. 5. PUBLIC MEMBERSHIP RESTRICTION. A person is not
3-14 eligible for appointment as a public member of the board if the
3-15 person or the person's spouse:
3-16 (1) is registered, certified, or licensed by an
3-17 occupational regulatory agency in the field of plumbing or
3-18 mechanical work;
3-19 (2) is employed by or participates in the management
3-20 of a business entity or other organization regulated by the board
3-21 or receiving funds from the board;
3-22 (3) owns or controls, directly or indirectly, more
3-23 than 10 percent interest in a business entity or other organization
3-24 regulated by the board or receiving funds from the board; or
3-25 (4) uses or receives a substantial amount of tangible
3-26 goods, services, or funds from the board, other than compensation
3-27 or reimbursement authorized by law for board membership,
4-1 attendance, or expenses.
4-2 Sec. 6. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer,
4-3 employee, or paid consultant of a Texas trade association in the
4-4 field of plumbing or mechanical work may not be a member or
4-5 employee of the board who is exempt from the state's position
4-6 classification plan or is compensated at or above the amount
4-7 prescribed by the General Appropriations Act for step 1, salary
4-8 group 17, of the position classification salary schedule.
4-9 (b) A person who is the spouse of an officer, manager, or
4-10 paid consultant of a Texas trade association in the field of
4-11 plumbing or mechanical work may not be a board member and may not
4-12 be an employee of the board who is exempt from the state's position
4-13 classification plan or is compensated at or above the amount
4-14 prescribed by the General Appropriations Act for step 1, salary
4-15 group 17, of the position classification salary schedule.
4-16 (c) For the purposes of this section, a Texas trade
4-17 association is a nonprofit, cooperative, and voluntarily joined
4-18 association of business or professional competitors in this state
4-19 designed to assist its members and its industry or profession in
4-20 dealing with mutual business or professional problems and in
4-21 promoting their common interest.
4-22 Sec. 7. EFFECT OF LOBBYING ACTIVITY. A person may not serve
4-23 as a member of the board or act as the general counsel to the board
4-24 if the person is required to register as a lobbyist under Chapter
4-25 305, Government Code, and its subsequent amendments, because of the
4-26 person's activities for compensation on behalf of a profession
4-27 related to the operation of the board.
5-1 Sec. 8. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground
5-2 for removal from the board if a member:
5-3 (1) does not have at the time of appointment the
5-4 qualifications required by Section 2 of this article;
5-5 (2) does not maintain during service on the board the
5-6 qualifications required by Section 2 of this article;
5-7 (3) violates a prohibition established by Section 5,
5-8 6, or 7 of this article;
5-9 (4) cannot discharge the member's term for a
5-10 substantial part of the term for which the member is appointed
5-11 because of illness or disability; or
5-12 (5) is absent from more than half of the regularly
5-13 scheduled board meetings that the member is eligible to attend
5-14 during a calendar year unless the absence is excused by majority
5-15 vote of the board.
5-16 (b) The validity of an action of the board is not affected
5-17 by the fact that it is taken when a ground for removal of a board
5-18 member exists.
5-19 (c) If the executive director has knowledge that a potential
5-20 ground for removal exists, the executive director shall notify the
5-21 presiding officer of the board of the ground. The presiding
5-22 officer shall then notify the governor that a potential ground for
5-23 removal exists.
5-24 Sec. 9. STAFF. (a) The board shall employ an executive
5-25 director and administrative and clerical employees as necessary to
5-26 carry out the board's functions.
5-27 (b) The board shall develop and implement policies that
6-1 clearly define the respective responsibilities of the board and the
6-2 staff of the board.
6-3 Sec. 10. REGULATORY STATUTES ADMINISTERED. The board shall
6-4 administer and enforce:
6-5 (1) The Plumbing License Law (Article 6243-101,
6-6 Vernon's Texas Civil Statutes) and its subsequent amendments;
6-7 (2) the law regulating boilers, Chapter 755, Health
6-8 and Safety Code, and its subsequent amendments;
6-9 (3) the law regulating water saving performance
6-10 standards, Chapter 372, Health and Safety Code, and its subsequent
6-11 amendments;
6-12 (4) the law regulating septic and sewage disposal
6-13 systems, Chapter 366, Health and Safety Code, and its subsequent
6-14 amendments;
6-15 (5) the law regulating the use of lead in plumbing
6-16 fixtures, Chapter 346, Health and Safety Code, and its subsequent
6-17 amendments;
6-18 (6) the Air Conditioning and Refrigeration Contractor
6-19 License Law (Article 8861, Vernon's Texas Civil Statutes) and its
6-20 subsequent amendments; and
6-21 (7) the law regulating irrigators, Chapter 34, Water
6-22 Code, and its subsequent amendments.
6-23 Sec. 11. SEPARATE LICENSES. (a) The board shall issue
6-24 separate licenses, certificates, permits, or registrations for the
6-25 programs under Section 10 of this article in which a license,
6-26 certificate, permit, or registration is issued by the board.
6-27 (b) The board may issue more than one type of license,
7-1 certificate, permit, or registration to a person under a law
7-2 regulated by the board if the person is qualified to hold each of
7-3 the licenses, certificates, permits, or registrations issued. The
7-4 board shall adopt rules relating to the issuance of multiple
7-5 licenses, certificates, permits, or registrations to a person under
7-6 laws administered by the board.
7-7 Sec. 12. EXPENDITURES; AUDIT. (a) The board may authorize,
7-8 from funds appropriated to it, all necessary disbursements to carry
7-9 out this article and the laws and programs listed in Section 10 of
7-10 this article.
7-11 (b) The financial transactions of the board are subject to
7-12 audit by the state auditor in accordance with Chapter 321,
7-13 Government Code, and its subsequent amendments.
7-14 Sec. 13. ANNUAL FINANCIAL REPORT. The board shall file
7-15 annually with the governor and the presiding officer of each house
7-16 of the legislature a complete and detailed written report
7-17 accounting for all funds received and disbursed by the board during
7-18 the preceding fiscal year. The annual report must be in the form
7-19 and reported in the time provided by the General Appropriations
7-20 Act.
7-21 Sec. 14. PERSONNEL POLICIES. (a) The executive director or
7-22 the executive director's designee shall develop an intra-agency
7-23 career ladder program. The program shall require intra-agency
7-24 posting of all nonentry level positions concurrently with any
7-25 public posting.
7-26 (b) The executive director or the executive director's
7-27 designee shall develop a system of annual performance evaluations
8-1 based on measurable job tasks. All merit pay for board employees
8-2 must be based on the system established under this subsection.
8-3 Sec. 15. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
8-4 executive director or the executive director's designee shall
8-5 prepare and maintain a written policy statement to assure
8-6 implementation of a program of equal employment opportunity under
8-7 which all personnel transactions are made without regard to race,
8-8 color, disability, sex, religion, age, or national origin. The
8-9 policy statement must include:
8-10 (1) personnel policies, including policies relating to
8-11 recruitment, evaluation, selection, application, training, and
8-12 promotion of personnel that are in compliance with the Commission
8-13 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
8-14 and its subsequent amendments;
8-15 (2) a comprehensive analysis of the board workforce
8-16 that meets federal and state guidelines;
8-17 (3) procedures by which a determination can be made of
8-18 significant underuse in the board workforce of all persons for whom
8-19 federal or state guidelines encourage a more equitable balance; and
8-20 (4) reasonable methods to appropriately address those
8-21 areas of underuse.
8-22 (b) A policy statement prepared under Subsection (a) of this
8-23 section must cover an annual period, be updated annually, be
8-24 reviewed by the Commission on Human Rights for compliance with
8-25 Subsection (a)(1) of this section, and be filed with the governor's
8-26 office.
8-27 (c) The governor's office shall deliver a biennial report to
9-1 the legislature based on the information received under Subsection
9-2 (b) of this section. The report may be made separately or as part
9-3 of other biennial reports to the legislature.
9-4 Sec. 16. PUBLIC INTEREST INFORMATION. (a) The board shall
9-5 prepare information of public interest describing the functions of
9-6 the board and the board's procedures by which complaints are filed
9-7 with and resolved by the board. The board shall make the
9-8 information available to the public and appropriate state agencies.
9-9 (b) The board by rule shall establish methods by which
9-10 consumers and service recipients are notified of the name, mailing
9-11 address, and telephone number of the board for the purpose of
9-12 directing complaints to the board. The board may provide for that
9-13 notification:
9-14 (1) on each registration form, application, or written
9-15 contract for services of an individual or entity regulated by the
9-16 board;
9-17 (2) on a sign prominently displayed in the place of
9-18 business of each individual or entity regulated by the board; or
9-19 (3) in a bill for service provided by an individual or
9-20 entity regulated by the board.
9-21 (c) The board shall list along with its regular telephone
9-22 number the toll-free telephone number that may be called to present
9-23 a complaint about a health professional if the toll-free number is
9-24 established under other state law.
9-25 Sec. 17. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
9-26 shall develop and implement policies that provide the public with a
9-27 reasonable opportunity to appear before the board and to speak on
10-1 any issue under the jurisdiction of the board.
10-2 Sec. 18. PROGRAM ACCESSIBILITY. The board shall prepare and
10-3 maintain a written plan that describes how a person who does not
10-4 speak English can be provided reasonable access to the board's
10-5 programs. The board shall also comply with federal and state laws
10-6 for program and facility accessibility.
10-7 Sec. 19. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
10-8 Each board member shall comply with the board member training
10-9 requirements established by any other state agency that is given
10-10 authority to establish the requirements for the board.
10-11 (b) The board shall provide to its members and employees, as
10-12 often as necessary, information regarding their qualifications for
10-13 office or employment under this article and their responsibilities
10-14 under applicable laws relating to standards of conduct for state
10-15 officers or employees.
10-16 Sec. 20. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The
10-17 board is subject to:
10-18 (1) the open meetings law, Chapter 271, Acts of the
10-19 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
10-20 Texas Civil Statutes), and its subsequent amendments; and
10-21 (2) the Administrative Procedure and Texas Register
10-22 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
10-23 subsequent amendments.
10-24 Sec. 21. SUNSET PROVISION. The Texas Board of Plumbing and
10-25 Mechanical Work is subject to Chapter 325, Government Code (Texas
10-26 Sunset Act), and its subsequent amendments. Unless continued in
10-27 existence as provided by that chapter, the board is abolished and
11-1 the following laws expire September 1, 2005:
11-2 (1) this article;
11-3 (2) The Plumbing License Law (Article 6243-101,
11-4 Vernon's Texas Civil Statutes);
11-5 (3) the law regulating boilers, Chapter 755, Health
11-6 and Safety Code;
11-7 (4) the law regulating water saving performance
11-8 standards, Chapter 372, Health and Safety Code;
11-9 (5) the law regulating septic and sewage disposal
11-10 systems, Chapter 366, Health and Safety Code;
11-11 (6) the law regulating the use of lead in plumbing
11-12 fixtures, Chapter 346, Health and Safety Code;
11-13 (7) the Air Conditioning and Refrigeration Contractor
11-14 License Law (Article 8861, Vernon's Texas Civil Statutes); and
11-15 (8) the law regulating irrigators, Chapter 34, Water
11-16 Code.
11-17 Sec. 22. ADMINISTRATIVE PENALTIES. (a) The board may
11-18 assess an administrative penalty against a person who violates a
11-19 provision of this article, a law administered by the board, or a
11-20 rule or order adopted by the board as provided by this section.
11-21 (b) The penalty for each violation may be in an amount not
11-22 to exceed $1,000. Each day a violation continues or occurs may be
11-23 considered a separate violation for purposes of penalty assessment.
11-24 (c) In determining the amount of the penalty, the board
11-25 shall consider:
11-26 (1) the seriousness of the violation, including the
11-27 nature, circumstances, extent, and gravity of the prohibited acts
12-1 and the hazard or potential hazard posed to the health or safety of
12-2 the public;
12-3 (2) the economic damage to property or the environment
12-4 caused by the violation;
12-5 (3) the history of previous violations;
12-6 (4) the amount necessary to deter future violations;
12-7 (5) efforts to correct the violation; and
12-8 (6) any other matter that justice may require.
12-9 (d) If, after investigation of a possible violation and the
12-10 facts surrounding that possible violation, the board determines
12-11 that a violation has occurred, the board may issue a violation
12-12 report stating the facts on which the conclusion that a violation
12-13 occurred is based, recommending that an administrative penalty
12-14 under this section be imposed on the person charged, and
12-15 recommending the amount of that proposed penalty. The board shall
12-16 base the recommended amount of the proposed penalty on the
12-17 seriousness of the violation determined by consideration of the
12-18 factors set forth in Subsection (c) of this section.
12-19 (e) Not later than the 14th day after the date on which the
12-20 report is issued, the board shall give written notice of the report
12-21 to the person charged. The notice shall include a brief summary of
12-22 the charges, a statement of the amount of the penalty recommended,
12-23 and a statement of the right of the person charged to a hearing on
12-24 the occurrence of the violation or the amount of the penalty, or
12-25 both the occurrence of the violation and the amount of the penalty.
12-26 (f) Not later than the 20th day after the date on which
12-27 notice is received, the person charged may accept the determination
13-1 of the board made under Subsection (d) of this section, including
13-2 the recommended penalty, or make a written request for a hearing on
13-3 the determination.
13-4 (g) If the person charged with the violation accepts the
13-5 determination of the board, the board shall issue an order
13-6 approving the determination and ordering the payment of the
13-7 recommended penalty.
13-8 (h) If the person charged requests a hearing or fails to
13-9 timely respond to the notice, the board shall set a hearing and
13-10 give notice of the hearing. The hearing shall be held by a hearing
13-11 examiner designated by the board. The hearing examiner shall make
13-12 findings of fact and conclusions of law and promptly issue to the
13-13 board a proposal for decision as to the occurrence of the
13-14 violation, including a recommendation as to the amount of the
13-15 proposed penalty if a penalty is warranted. Based on the findings
13-16 of fact, conclusions of law, and recommendations of the hearing
13-17 examiner, the board by order may find a violation has occurred and
13-18 may assess a penalty or may find that no violation has occurred.
13-19 All proceedings under this subsection are subject to the
13-20 Administrative Procedure and Texas Register Act (Article 6252-13a,
13-21 Vernon's Texas Civil Statutes) and its subsequent amendments.
13-22 (i) The board shall give notice of the board's order to the
13-23 person charged. The notice shall include:
13-24 (1) the findings of fact and conclusions of law
13-25 separately stated;
13-26 (2) the amount of the penalty ordered, if any;
13-27 (3) a statement of the right of the person charged to
14-1 judicial review of the board's order, if any; and
14-2 (4) other information required by law.
14-3 (j) Within the 30-day period immediately following the day
14-4 on which the order becomes final as provided by Section 16(c),
14-5 Administrative Procedure and Texas Register Act (Article 6252-13a,
14-6 Vernon's Texas Civil Statutes), and its subsequent amendments, the
14-7 person charged with the penalty shall:
14-8 (1) pay the penalty in full; or
14-9 (2) if the person files a petition for judicial review
14-10 contesting either the amount of the penalty or the fact of the
14-11 violation or contesting both the fact of the violation and the
14-12 amount of the penalty:
14-13 (A) forward the amount to the board for
14-14 placement in an escrow account; or
14-15 (B) in lieu of payment into escrow, post with
14-16 the board a supersedeas bond in a form approved by the board for
14-17 the amount of the penalty, the bond to be effective until all
14-18 judicial review of the order or decision is final.
14-19 (k) If a person charged is financially unable to either
14-20 forward the amount of the penalty for placement in an escrow
14-21 account or post a supersedeas bond for the amount of the penalty,
14-22 the person may satisfy the requirements of Subsection (j)(2) of
14-23 this section by filing with the board an affidavit sworn by the
14-24 person charged, stating that the person is financially unable to
14-25 either forward the amount of the penalty or post a bond.
14-26 (l) Failure to forward the money to or to post the bond or
14-27 file the affidavit with the board within the time provided by
15-1 Subsection (j) of this section results in a waiver of all legal
15-2 rights to judicial review. Also, if the person charged fails to
15-3 pay the penalty in full as provided under Subsection (j)(1) of this
15-4 section or forward the money, post the bond, or file the affidavit
15-5 as provided by Subsection (j) or (k) of this section, the board may
15-6 forward the matter to the attorney general for enforcement.
15-7 (m) Judicial review of the order or decision of the board
15-8 assessing the penalty shall be under the substantial evidence rule
15-9 and shall be instituted by filing a petition with a district court
15-10 in Travis County, as provided by Section 19, Administrative
15-11 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
15-12 Civil Statutes), and its subsequent amendments.
15-13 (n) If the penalty is reduced or not assessed by the court,
15-14 the board shall remit to the person charged the appropriate amount
15-15 plus accrued interest if the penalty has been paid or shall execute
15-16 a release of the bond if a supersedeas bond has been posted. The
15-17 accrued interest on amounts remitted by the board under this
15-18 subsection shall be paid at a rate equal to the rate charged on
15-19 loans to depository institutions by the New York Federal Reserve
15-20 Bank and shall be paid for the period beginning on the date the
15-21 penalty is paid to the board under Subsection (j) of this section
15-22 and ending on the date the penalty is remitted.
15-23 (o) A penalty collected under this section shall be
15-24 deposited in the state general revenue fund.
15-25 Sec. 23. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT.
15-26 The board shall adopt rules that require:
15-27 (1) a municipality to assume responsibility for
16-1 compliance with the Americans with Disabilities Act of 1990 (42
16-2 U.S.C. Section 12101 et seq.) and its subsequent amendments to the
16-3 extent that Act applies to plumbing and mechanical work regulated
16-4 by the municipality; and
16-5 (2) that the administration and enforcement of the
16-6 laws and programs regulated by the board comply with the Americans
16-7 with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and
16-8 its subsequent amendments.
16-9 Sec. 24. EFFECT OF FEDERAL REGULATIONS. The board shall
16-10 adopt rules for a law or program regulated by the board as
16-11 necessary to comply with any federal regulation that imposes
16-12 standards or requirements on that law or program.
16-13 SECTION 2. The Plumbing License Law (Article 6243-101,
16-14 Vernon's Texas Civil Statutes) is amended by adding Section 1A to
16-15 read as follows:
16-16 Sec. 1A. FUNCTIONS TRANSFERRED; BOARD ABOLISHED. (a) This
16-17 Act is administered by the Texas Board of Plumbing and Mechanical
16-18 Work in accordance with Article 9150, Revised Statutes, and its
16-19 subsequent amendments. To the extent of a conflict between this
16-20 Act and Article 9150, Revised Statutes, and its subsequent
16-21 amendments, that article prevails.
16-22 (b) Any reference in this Act to the Texas State Board of
16-23 Plumbing Examiners means the Texas Board of Plumbing and Mechanical
16-24 Work.
16-25 (c) The Texas State Board of Plumbing Examiners is abolished
16-26 and the functions of that board are exercised by the Texas Board of
16-27 Plumbing and Mechanical Work.
17-1 SECTION 3. The Plumbing License Law (Article 6243-101,
17-2 Vernon's Texas Civil Statutes) is amended by adding Section 8C to
17-3 read as follows:
17-4 Sec. 8C. MEDICAL GAS PIPING INSTALLATION ENDORSEMENT. (a)
17-5 A medical gas piping installation endorsement entitles a holder of
17-6 a master plumber license or journeyman plumber license to install
17-7 pipe used to transport gases used for medical purposes.
17-8 (b) To be eligible for an endorsement under this section,
17-9 the license holder must perform satisfactorily on a separate
17-10 examination related to the endorsement.
17-11 (c) An endorsement under this section is valid for one year
17-12 and may be renewed annually on or before February 1, or as provided
17-13 by Section 12A of this Act, in the same manner as a license renewal
17-14 under Section 12 of this Act.
17-15 SECTION 4. Section 13, The Plumbing License Law (Article
17-16 6243-101, Vernon's Texas Civil Statutes), is amended to read as
17-17 follows:
17-18 Sec. 13. Fees. (a) The Board shall establish fees that are
17-19 reasonable and necessary to defray the cost of administering <fees
17-20 for the administration of> this Act. <in amounts not to exceed:>
17-21 <Master Plumber>
17-22 <Examination> <$ 75>
17-23 <License> <75>
17-24 <Renewal> <75>
17-25 <Journeyman Plumber>
17-26 <Examination> <50>
17-27 <License> <50>
18-1 <Renewal> <50>
18-2 <Plumbing Inspector>
18-3 <Examination> <25>
18-4 <License> <50>
18-5 <Renewal> <50>
18-6 (b) The Board may <shall> not maintain unnecessary fund
18-7 balances, and fee amounts shall be set in accordance with this
18-8 requirement.
18-9 SECTION 5. Section 14, The Plumbing License Law (Article
18-10 6243-101, Vernon's Texas Civil Statutes), is amended by amending
18-11 Subsections (b), (c), and (d) and adding Subsection (e) to read as
18-12 follows:
18-13 (b) A person may not install pipe used to transport gases
18-14 used for medical purposes unless the person:
18-15 (1) is licensed as a master plumber or journeyman
18-16 plumber under this Act; and
18-17 (2) holds an endorsement issued under Section 8C of
18-18 this Act.
18-19 (c) An offense under this section is a Class C misdemeanor
18-20 <as defined by the Penal Code>.
18-21 (d) <(c)> In addition to any other action, proceeding, or
18-22 remedy authorized by law, the Board may institute an action in its
18-23 own name against any person to enjoin any violation of this Act or
18-24 any rule of the Board. In order for the Board to sustain the
18-25 action, it is not necessary to allege or prove either that an
18-26 adequate remedy at law does not exist or that substantial or
18-27 irreparable damage would result from the continued violation of
19-1 this Act or a Board rule. Any party to the action may appeal the
19-2 cause. The Board may not be required to give any appeal bond in
19-3 any cause arising under this Act. The attorney general shall
19-4 represent the Board in all actions and proceedings to enforce this
19-5 Act.
19-6 (e) <(d)> A field representative or, within the jurisdiction
19-7 of that municipality, a municipal plumbing inspector or water
19-8 district plumbing inspector<,> may issue a citation to a person who
19-9 engages in conduct described by Subsection (e) of Section 9 of this
19-10 Act.
19-11 SECTION 6. The Air Conditioning and Refrigeration Contractor
19-12 License Law (Article 8861, Vernon's Texas Civil Statutes) is
19-13 amended by adding Section 1A to read as follows:
19-14 Sec. 1A. FUNCTIONS TRANSFERRED; ADVISORY BOARD ABOLISHED.
19-15 (a) This Act is administered by the Texas Board of Plumbing and
19-16 Mechanical Work in accordance with Article 9150, Revised Statutes,
19-17 and its subsequent amendments. To the extent of a conflict between
19-18 this Act and Article 9150, Revised Statutes, and its subsequent
19-19 amendments, that article prevails.
19-20 (b) Any reference in this Act to the Texas Department of
19-21 Licensing and Regulation, the commissioner of licensing and
19-22 regulation, or the Air Conditioning and Refrigeration Contractors
19-23 Advisory Board means the Texas Board of Plumbing and Mechanical
19-24 Work.
19-25 (c) The Air Conditioning and Refrigeration Contractors
19-26 Advisory Board is abolished and the functions of that board and the
19-27 functions, under this Act, of the Texas Department of Licensing and
20-1 Regulation and the commissioner of licensing and regulation are
20-2 exercised by the Texas Board of Plumbing and Mechanical Work.
20-3 SECTION 7. Subtitle A, Title 5, Health and Safety Code, is
20-4 amended by adding Chapter 346 to read as follows:
20-5 CHAPTER 346. LEAD IN PLUMBING FIXTURES
20-6 Sec. 346.001. DEFINITION. In this chapter "board" means the
20-7 Texas Board of Plumbing and Mechanical Work.
20-8 Sec. 346.002. RULEMAKING. The board may adopt rules, and
20-9 may adopt the Uniform Plumbing Code or Southern Standard Building
20-10 Code, to implement this chapter.
20-11 Sec. 346.003. USE OF LEAD IN PLUMBING FIXTURES PROHIBITED.
20-12 (a) A person may not use or cause or permit the use of a faucet,
20-13 pipe, or pipe fitting that contains more than 8.0 percent lead for
20-14 installing or repairing:
20-15 (1) a public water supply; or
20-16 (2) plumbing that provides water for human consumption
20-17 and is connected to a public drinking water system.
20-18 (b) A person may not use or cause or permit the use of
20-19 solders and flux that contain more than 0.2 percent lead for
20-20 installing or repairing:
20-21 (1) a public water supply; or
20-22 (2) plumbing that provides water for human consumption
20-23 and is connected to a public drinking water system.
20-24 (c) The board may adopt rules authorizing the use of lead
20-25 joints necessary to repair cast-iron pipe.
20-26 Sec. 346.004. CRIMINAL OFFENSE. (a) A person commits an
20-27 offense if the person violates Section 346.003 or a rule adopted
21-1 under this chapter.
21-2 (b) An offense under this section is punishable by a fine of
21-3 not less than $50 or more than $200.
21-4 (c) Each violation of Section 346.003 is a separate offense
21-5 and each day of a continuing violation is a separate offense.
21-6 Sec. 346.005. ENHANCED CRIMINAL PENALTY. If it is shown on
21-7 the trial of an offense under Section 346.004 involving a violation
21-8 of Section 346.003 that the defendant has been convicted of an
21-9 offense under Section 346.004 for such a violation that occurred
21-10 during the 12 months preceding the date on which the offense being
21-11 tried occurred, the offense is punishable by:
21-12 (1) a fine of not less than $200 or more than $1,000;
21-13 (2) confinement in jail for not more than 30 days; or
21-14 (3) both a fine and confinement.
21-15 Sec. 346.006. INJUNCTION; CIVIL PENALTY. (a) If it appears
21-16 that a person has violated, is violating, or is threatening to
21-17 violate Section 346.003 or a rule adopted under this chapter, the
21-18 attorney general at the request of the board, or a county or
21-19 municipal attorney of the municipality or county in which a
21-20 violation has occurred, is occurring, or is threatened, may
21-21 institute a civil suit for:
21-22 (1) injunctive relief to restrain the person from the
21-23 violation;
21-24 (2) the assessment and recovery of a civil penalty for
21-25 a violation; or
21-26 (3) both injunctive relief and a civil penalty.
21-27 (b) The penalty may not exceed $5,000 a day for each
22-1 violation. Each day of a continuing violation may be considered a
22-2 separate violation for the purpose of penalty assessment.
22-3 (c) The board is an indispensable party in a suit brought by
22-4 a county or municipal attorney under this section.
22-5 (d) A suit brought under this section may be brought in the
22-6 county in which the violation occurred, is occurring, or is
22-7 threatened, the county in which the defendant resides, or Travis
22-8 County.
22-9 (e) A civil penalty recovered in a suit brought by the
22-10 attorney general under this section shall be deposited in the state
22-11 treasury to the credit of the general revenue fund. One-half of a
22-12 civil penalty recovered in a suit brought by a county or municipal
22-13 attorney under this section shall be deposited in the state
22-14 treasury to the credit of the general revenue fund and the
22-15 remaining one-half shall be paid to the county or municipality that
22-16 brought the suit.
22-17 (f) In a suit under this section, the court may grant, after
22-18 notice and hearing, the board, the county, or municipality any
22-19 injunctive relief warranted by the facts, including a temporary
22-20 restraining order, temporary injunction, or permanent injunction.
22-21 The court may not require the board or the county or municipality
22-22 to provide a bond or other undertaking in connection with the
22-23 request for injunctive relief.
22-24 SECTION 8. Subchapter A, Chapter 366, Health and Safety
22-25 Code, is amended by adding Section 366.0001 to read as follows:
22-26 Sec. 366.0001. FUNCTIONS TRANSFERRED. (a) This chapter is
22-27 administered by the Texas Board of Plumbing and Mechanical Work in
23-1 accordance with Article 9150, Revised Statutes, and its subsequent
23-2 amendments. To the extent of a conflict between this chapter and
23-3 Article 9150, Revised Statutes, and its subsequent amendments, that
23-4 article prevails.
23-5 (b) Any reference in this chapter to the Texas Natural
23-6 Resource Conservation Commission means the Texas Board of Plumbing
23-7 and Mechanical Work.
23-8 SECTION 9. Chapter 372, Health and Safety Code, is amended
23-9 by adding Section 372.0001 to read as follows:
23-10 Sec. 372.0001. FUNCTIONS TRANSFERRED. (a) This chapter is
23-11 administered by the Texas Board of Plumbing and Mechanical Work in
23-12 accordance with Article 9150, Revised Statutes, and its subsequent
23-13 amendments. To the extent of a conflict between this chapter and
23-14 Article 9150, Revised Statutes, and its subsequent amendments, that
23-15 article prevails.
23-16 (b) Any reference in this chapter to the Texas Natural
23-17 Resource Conservation Commission means the Texas Board of Plumbing
23-18 and Mechanical Work.
23-19 SECTION 10. Subchapter A, Chapter 755, Health and Safety
23-20 Code, is amended by adding Section 755.002 to read as follows:
23-21 Sec. 755.002. FUNCTIONS TRANSFERRED; BOARD ABOLISHED. (a)
23-22 This chapter is administered by the Texas Board of Plumbing and
23-23 Mechanical Work in accordance with Article 9150, Revised Statutes,
23-24 and its subsequent amendments. To the extent of a conflict between
23-25 this chapter and Article 9150, Revised Statutes, and its subsequent
23-26 amendments, that article prevails.
23-27 (b) Any reference in this chapter to the Texas Department of
24-1 Licensing and Regulation, the commissioner of licensing and
24-2 regulation, or the Board of Boiler Rules means the Texas Board of
24-3 Plumbing and Mechanical Work.
24-4 (c) The Board of Boiler Rules is abolished and the functions
24-5 of that board and the functions, under this chapter, of the Texas
24-6 Department of Licensing and Regulation and the commissioner of
24-7 licensing and regulation are exercised by the Texas Board of
24-8 Plumbing and Mechanical Work.
24-9 SECTION 11. Chapter 34, Water Code, is amended by adding
24-10 Section 34.0001 to read as follows:
24-11 Sec. 34.0001. FUNCTIONS TRANSFERRED; COUNCIL ABOLISHED. (a)
24-12 This chapter is administered by the Texas Board of Plumbing and
24-13 Mechanical Work in accordance with Article 9150, Revised Statutes,
24-14 and its subsequent amendments. To the extent of a conflict between
24-15 this chapter and Article 9150, Revised Statutes, and its subsequent
24-16 amendments, that article prevails.
24-17 (b) Any reference in this chapter to the Texas Natural
24-18 Resource Conservation Commission or the Texas irrigators advisory
24-19 council means the Texas Board of Plumbing and Mechanical Work.
24-20 (c) The Texas irrigators advisory council is abolished and
24-21 the functions of that board and the functions, under this chapter,
24-22 of the Texas Natural Resource Conservation Commission are exercised
24-23 by the Texas Board of Plumbing and Mechanical Work.
24-24 SECTION 12. (a) As soon as possible after the effective
24-25 date of this Act, the governor shall appoint the initial members of
24-26 the Texas Board of Plumbing and Mechanical Work in accordance with
24-27 Article 9150, Revised Statutes, as added by this Act. In making
25-1 the initial appointments, the governor shall designate members to
25-2 serve terms as follows:
25-3 (1) one master plumber member, one sanitary engineer
25-4 member, one plumbing inspector member, one irrigator member, and
25-5 one public member serve for terms expiring February 1, 1995;
25-6 (2) one journeyman plumber member, one building
25-7 contractor member, one air conditioning and refrigeration
25-8 contractor member, one engineer member, and one public member serve
25-9 for terms expiring February 1, 1997; and
25-10 (3) one plumbing contractor member, one building
25-11 contractor member, one boiler owner or operator member, one
25-12 building official member, and one public member serve for terms
25-13 expiring February 1, 1999.
25-14 (b) The Texas Board of Plumbing and Mechanical Work may not
25-15 take any action and is not created until the day after the date
25-16 that the last appointee to the initial board takes office. On the
25-17 date of its creation, the board assumes its functions and:
25-18 (1) the Air Conditioning and Refrigeration Contractors
25-19 Advisory Board, Texas State Board of Plumbing Examiners, Board of
25-20 Boiler Rules, and Texas irrigators advisory council are abolished;
25-21 (2) the obligations, rights, contracts, records and
25-22 other property, and personnel of, and unspent money appropriated to
25-23 or for, the abolished boards and council or the governing body for
25-24 the laws or programs transferred to the new board under this Act
25-25 are transferred to the Texas Board of Plumbing and Mechanical Work;
25-26 (3) the rules of the abolished boards and council or
25-27 the governing body for the laws or programs transferred to the new
26-1 board under this Act are continued in effect as rules of the Texas
26-2 Board of Plumbing and Mechanical Work until superseded by rule of
26-3 the new board;
26-4 (4) the licenses, certificates, permits, or
26-5 registrations in effect that were issued by the abolished boards or
26-6 council or the governing body for the laws or programs transferred
26-7 to the new board under this Act are continued in effect as
26-8 licenses, certificates, permits, or registrations of the Texas
26-9 Board of Plumbing and Mechanical Work;
26-10 (5) a complaint or investigation pending before the
26-11 abolished boards or council or the governing body for the laws or
26-12 programs transferred to the new board under this Act is transferred
26-13 without change in status to the Texas Board of Plumbing and
26-14 Mechanical Work;
26-15 (6) a contested case pending before the abolished
26-16 boards and council or the governing body for the laws or programs
26-17 transferred to the new board under this Act is transferred to the
26-18 Texas Board of Plumbing and Mechanical Work and actions taken in
26-19 the proceeding are treated as if taken by the Texas Board of
26-20 Plumbing and Mechanical Work; and
26-21 (7) any reference in a law to the abolished boards or
26-22 council means the Texas Board of Plumbing and Mechanical Work.
26-23 (c) Regardless of the changes in law made by this Act, until
26-24 the date that the Air Conditioning and Refrigeration Contractors
26-25 Advisory Board, Texas State Board of Plumbing Examiners, Board of
26-26 Boiler Rules, and Texas irrigators advisory council are abolished
26-27 as provided by this section, the boards and council continue in
27-1 existence and shall administer their functions under the law that
27-2 governed the boards and council before the effective date of this
27-3 Act, and the prior law is continued in effect for that purpose.
27-4 (d) The Texas Board of Plumbing and Mechanical Work shall
27-5 adopt rules under this Act not later than December 1, 1993.
27-6 SECTION 13. A person who engages in the installation of
27-7 medical gas piping is not required to obtain an endorsement under
27-8 this Act until February 1, 1994.
27-9 SECTION 14. The following laws are repealed:
27-10 (1) Sections 4, 4a, 5A, 6, and 7, The Plumbing License
27-11 Law (Article 6243-101, Vernon's Texas Civil Statutes);
27-12 (2) Subchapter B, Chapter 755, Health and Safety Code;
27-13 (3) Section 3A, Air Conditioning and Refrigeration
27-14 Contractor License Law (Article 8861, Vernon's Texas Civil
27-15 Statutes); and
27-16 (4) Sections 34.003 and 34.011, Water Code.
27-17 SECTION 15. This Act takes effect September 1, 1993.
27-18 SECTION 16. The importance of this legislation and the
27-19 crowded condition of the calendars in both houses create an
27-20 emergency and an imperative public necessity that the
27-21 constitutional rule requiring bills to be read on three several
27-22 days in each house be suspended, and this rule is hereby suspended.