By:  Truan                                             S.B. No. 812
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to regulation of the sale  of plumbing fixtures, pipe, and
    1-2  pipe fitting containing lead for plumbing applications; providing
    1-3  penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 372, Health and Safety Code, is amended
    1-6  by adding Section 372.0035 to read as follows:
    1-7        Sec. 372.0035.  LEAD IN PLUMBING FIXTURES, PIPE, AND PIPE
    1-8  FITTING.  (a)  A person may not sell or offer for sale a plumbing
    1-9  fixture, pipe, or pipe fitting that contains more than eight
   1-10  percent lead for installing  or repairing:
   1-11              (1)  a public drinking water system; or
   1-12              (2)  plumbing that provides water for human consumption
   1-13  and is connected to a public drinking water system.
   1-14        (b)  A person may not sell or offer for sale solder or flux
   1-15  that contains more than two-tenths percent lead for installing or
   1-16  repairing:
   1-17              (1)  a public drinking water system; or
   1-18              (2)  plumbing that provides water for human consumption
   1-19  and is connected to a public drinking water system.
   1-20        (c)  For purposes of this section, a person engaged in the
   1-21  business of installing or repairing plumbing is considered to have
   1-22  sold or offered for sale a plumbing fixture, pipe, pipe fitting,
   1-23  solder, or flux if the person uses or offers to use the fixture,
   1-24  pipe, fitting, solder, or flux to install or repair plumbing.
    2-1        (d)  This section does not prohibit the sale or offer for
    2-2  sale of a lead joint necessary for the repair of cast-iron pipe.
    2-3  The board shall adopt rules to implement this subsection.
    2-4        (e)  The board may adopt rules to implement this section.
    2-5        (f)  If a person licensed under The Plumbing License Law
    2-6  (Article 6243-101, Vernon's Texas Civil Statutes) violates this
    2-7  section, the Texas State Board of Plumbing Examiners may discipline
    2-8  the person under Section 9 of that Act as if a violation of this
    2-9  section were a violation of that Act.
   2-10        (g)  A person commits an offense if the person violates
   2-11  Subsection (a) or (b).  An offense under this subsection is a Class
   2-12  C misdemeanor.  Each violation is a separate offense and each day
   2-13  of a continuing violation is a separate offense.
   2-14        (h)  A field representative of the Texas State Board of
   2-15  Plumbing Examiners or, within the jurisdiction of a municipality, a
   2-16  municipal plumbing inspector may issue a citation to a person who
   2-17  violates this section.
   2-18        SECTION 2.  The heading of Chapter 372, Health and Safety
   2-19  Code, is amended to read as follows:
   2-20   CHAPTER 372.  ENVIRONMENTAL <WATER SAVING> PERFORMANCE STANDARDS
   2-21                         FOR PLUMBING FIXTURES
   2-22        SECTION 3.  This Act takes effect September 1, 1993, and
   2-23  applies only to conduct occurring on or after the effective date of
   2-24  this Act.
   2-25        SECTION 4.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.