S.B. No. 812
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.