By: Truan S.B. No. 812
73R6125 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of the sale of plumbing fixtures, pipe, and
1-3 pipe fitting containing lead for plumbing applications; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 372, Health and Safety Code, is amended
1-7 by adding Section 372.0035 to read as follows:
1-8 Sec. 372.0035. LEAD IN PLUMBING FIXTURES, PIPE, AND PIPE
1-9 FITTING. (a) A person may not sell or offer for sale a plumbing
1-10 fixture, pipe, or pipe fitting that contains more than eight
1-11 percent lead for installing or repairing:
1-12 (1) a public drinking water system; or
1-13 (2) plumbing that provides water for human consumption
1-14 and is connected to a public drinking water system.
1-15 (b) A person may not sell or offer for sale solder or flux
1-16 that contains more than two-tenths percent lead for installing or
1-17 repairing:
1-18 (1) a public drinking water system; or
1-19 (2) plumbing that provides water for human consumption
1-20 and is connected to a public drinking water system.
1-21 (c) For purposes of this section, a person engaged in the
1-22 business of installing or repairing plumbing is considered to have
1-23 sold or offered for sale a plumbing fixture, pipe, pipe fitting,
1-24 solder, or flux if the person uses or offers to use the fixture,
2-1 pipe, fitting, solder, or flux to install or repair plumbing.
2-2 (d) The board may adopt rules to implement this section.
2-3 (e) If a person licensed under The Plumbing License Law
2-4 (Article 6243-101, Vernon's Texas Civil Statutes) violates this
2-5 section, the Texas State Board of Plumbing Examiners may discipline
2-6 the person under Section 9 of that Act as if a violation of this
2-7 section were a violation of that Act.
2-8 (f) A person commits an offense if the person knowingly
2-9 violates Subsection (a) or (b). An offense under this subsection
2-10 is a Class C misdemeanor. Each violation is a separate offense and
2-11 each day of a continuing violation is a separate offense.
2-12 (g) A field representative of the Texas State Board of
2-13 Plumbing Examiners or, within the jurisdiction of a municipality, a
2-14 municipal plumbing inspector, may issue a citation to a person who
2-15 violates this section.
2-16 SECTION 2. The heading of Chapter 372, Health and Safety
2-17 Code, is amended to read as follows:
2-18 CHAPTER 372. ENVIRONMENTAL <WATER SAVING> PERFORMANCE STANDARDS
2-19 FOR PLUMBING FIXTURES
2-20 SECTION 3. This Act takes effect September 1, 1993, and
2-21 applies only to conduct occurring on or after the effective date of
2-22 this Act.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.