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.