1-1 By: Truan S.B. No. 812
1-2 (In the Senate - Filed March 10, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 16, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 16, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 812 By: Truan
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to regulation of the sale of plumbing fixtures, pipe, and
1-24 pipe fitting containing lead for plumbing applications; providing
1-25 penalties.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Chapter 372, Health and Safety Code, is amended
1-28 by adding Section 372.0035 to read as follows:
1-29 Sec. 372.0035. LEAD IN PLUMBING FIXTURES, PIPE, AND PIPE
1-30 FITTING. (a) A person may not sell or offer for sale a plumbing
1-31 fixture, pipe, or pipe fitting that contains more than eight
1-32 percent lead for installing or repairing:
1-33 (1) a public drinking water system; or
1-34 (2) plumbing that provides water for human consumption
1-35 and is connected to a public drinking water system.
1-36 (b) A person may not sell or offer for sale solder or flux
1-37 that contains more than two-tenths percent lead for installing or
1-38 repairing:
1-39 (1) a public drinking water system; or
1-40 (2) plumbing that provides water for human consumption
1-41 and is connected to a public drinking water system.
1-42 (c) For purposes of this section, a person engaged in the
1-43 business of installing or repairing plumbing is considered to have
1-44 sold or offered for sale a plumbing fixture, pipe, pipe fitting,
1-45 solder, or flux if the person uses or offers to use the fixture,
1-46 pipe, fitting, solder, or flux to install or repair plumbing.
1-47 (d) This section does not prohibit the sale or offer for
1-48 sale of a lead joint necessary for the repair of cast-iron pipe.
1-49 The board shall adopt rules to implement this subsection.
1-50 (e) The board may adopt rules to implement this section.
1-51 (f) If a person licensed under The Plumbing License Law
1-52 (Article 6243-101, Vernon's Texas Civil Statutes) violates this
1-53 section, the Texas State Board of Plumbing Examiners may discipline
1-54 the person under Section 9 of that Act as if a violation of this
1-55 section were a violation of that Act.
1-56 (g) A person commits an offense if the person violates
1-57 Subsection (a) or (b). An offense under this subsection is a Class
1-58 C misdemeanor. Each violation is a separate offense and each day
1-59 of a continuing violation is a separate offense.
1-60 (h) A field representative of the Texas State Board of
1-61 Plumbing Examiners or, within the jurisdiction of a municipality, a
1-62 municipal plumbing inspector may issue a citation to a person who
1-63 violates this section.
1-64 SECTION 2. The heading of Chapter 372, Health and Safety
1-65 Code, is amended to read as follows:
1-66 CHAPTER 372. ENVIRONMENTAL <WATER SAVING> PERFORMANCE STANDARDS
1-67 FOR PLUMBING FIXTURES
1-68 SECTION 3. This Act takes effect September 1, 1993, and
2-1 applies only to conduct occurring on or after the effective date of
2-2 this Act.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *
2-9 Austin,
2-10 Texas
2-11 April 16, 1993
2-12 Hon. Bob Bullock
2-13 President of the Senate
2-14 Sir:
2-15 We, your Committee on Natural Resources to which was referred S.B.
2-16 No. 812, have had the same under consideration, and I am instructed
2-17 to report it back to the Senate with the recommendation that it do
2-18 not pass, but that the Committee Substitute adopted in lieu thereof
2-19 do pass and be printed.
2-20 Truan,
2-21 Vice-Chairman
2-22 * * * * *
2-23 WITNESSES
2-24 FOR AGAINST ON
2-25 ___________________________________________________________________
2-26 Name: Alonzo L. Starkey III x
2-27 Representing: Tx State Board of Plbg.
2-28 Exam.
2-29 City: Kerrville
2-30 -------------------------------------------------------------------
2-31 Name: Thomas Combs x
2-32 Representing: Tx Plumbing Association
2-33 City: Austin
2-34 -------------------------------------------------------------------
2-35 Name: Steven Walden x
2-36 Representing: Tx Water Commission
2-37 City: Austin
2-38 -------------------------------------------------------------------
2-39 Name: Albert L. Hollub x
2-40 Representing: Himself
2-41 City: Pasadena
2-42 -------------------------------------------------------------------
2-43 Name: Freddie H. Bailey Sr. x
2-44 Representing: Freddie Bailey Plbg, Inc.
2-45 City: Houston
2-46 -------------------------------------------------------------------
2-47 Name: Stanley J. Briers x
2-48 Representing: Board of Plumbing Examiners
2-49 City: Taylor Lake Village
2-50 -------------------------------------------------------------------
2-51 Name: Samuel Keith Snider x
2-52 Representing: Himself
2-53 City: Houston
2-54 -------------------------------------------------------------------
2-55 Name: Jerry D. Moore x
2-56 Representing: Moore Bros. Const. Co.
2-57 City: Pollok
2-58 -------------------------------------------------------------------
2-59 Name: Gilbert Kissilino x
2-60 Representing: State Plumbing Board
2-61 City: Austin
2-62 -------------------------------------------------------------------
2-63 FOR AGAINST ON
2-64 ___________________________________________________________________
2-65 Name: Freddie H. Bailey Jr. x
2-66 Representing: APHCC of Texas
2-67 City: Katy
2-68 -------------------------------------------------------------------
2-69 Name: Michael J. Lenard x
2-70 Representing: APHCC of Texas
3-1 City: Houston
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