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
    3-2  -------------------------------------------------------------------