By: Truan S.B. No. 813
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of certain plumbing activities and
1-2 inspections; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, The Plumbing License Law (Article
1-5 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-6 follows:
1-7 Sec. 2. DEFINITIONS. In this Act:
1-8 (1) "Plumbing" <(a) The word or term "plumbing" as
1-9 used in this Act> means <and shall include>:
1-10 (A) <(1)> All piping, fixtures, appurtenances
1-11 and appliances for supply or recirculation of water, gas, liquids,
1-12 and drainage or elimination of sewage, including disposal systems
1-13 or any combination thereof, for all personal or domestic purposes
1-14 in and about buildings where a person or persons live, work or
1-15 assemble; all piping, fixtures, appurtenances and appliances
1-16 outside a building connecting the building with the source of
1-17 water, gas, or other liquid supply, or combinations thereof, on the
1-18 premises, or the main in the street, alley or at the curb; all
1-19 piping, fixtures, appurtenances, appliances, drain or waste pipes
1-20 carrying waste water or sewage from or within a building to the
1-21 sewer service lateral at the curb or in the street or alley or
1-22 other disposal or septic terminal holding private or domestic
1-23 sewage; or
1-24 (B) <(2)> the installation, repair, service, and
2-1 maintenance of all piping, fixtures, appurtenances and appliances
2-2 in and about buildings where a person or persons live, work or
2-3 assemble, for a supply of gas, water, liquids, or any combination
2-4 thereof, or disposal of waste water or sewage.
2-5 (2) <(b) A> "Master Plumber" means <within the meaning
2-6 of this Act is> a person skilled in the planning, superintending,
2-7 and the practical installation, repair, and service of plumbing and
2-8 is familiar with the codes, ordinances, or rules and regulations
2-9 governing those matters, who alone, or through a person or persons
2-10 under his supervision, performs plumbing work, and who has
2-11 successfully fulfilled the examinations and requirements of the
2-12 Board.
2-13 (3) <(c) A> "Journeyman Plumber" means <within the
2-14 meaning of this Act is> any person other than a master plumber who
2-15 supervises, engages in, or works at the actual installation,
2-16 alteration, repair, service, and renovating of plumbing, and who
2-17 has successfully fulfilled the examinations and requirements of the
2-18 Board.
2-19 (4) <(d) A> "Plumber's Apprentice" means <within the
2-20 meaning of this Act is> any person other than a master plumber or
2-21 journeyman plumber who, as his principal occupation, is engaged in
2-22 learning and assisting in the installation of plumbing.
2-23 (5) <(e) A> "Plumbing Inspector" means <within the
2-24 meaning of this Act is> any person employed by a political
2-25 subdivision for the purpose of inspecting plumbing work and
2-26 installations in connection with health and safety laws and
2-27 ordinances, who has no financial or advisory interests in any
3-1 plumbing company, and who has successfully fulfilled the
3-2 examinations and requirements of the Board.
3-3 (6) <(f) The word or term> "Board" <as used in this
3-4 Act> means the Texas State Board of Plumbing Examiners.
3-5 (7) <(g)> "Water treatment" is a business which is
3-6 conducted under contract and requires ability, experience, and
3-7 skill in the analysis of water to determine how to treat influent
3-8 and effluent water to alter or purify the water or to add or remove
3-9 a mineral, chemical, or bacterial content or substance. The term
3-10 includes the installation and service of fixed or portable water
3-11 treatment equipment or a treatment apparatus, in public or private
3-12 water treatment systems. The term also includes the making of
3-13 connections necessary to the installation of a water treatment
3-14 system.
3-15 (8) <(h)> "System" <as used in this Act> means
3-16 interconnection between one or more public or private end users of
3-17 water, gas, sewer, or disposal systems that could be a threat to
3-18 public health if improperly connected.
3-19 (9) "Backflow prevention device specialist" means a
3-20 person who holds a license endorsement or certificate issued by the
3-21 Board to engage in the business of installing, testing, or
3-22 repairing backflow prevention devices.
3-23 (10) "Water supply protection specialist" means a
3-24 person who holds a license endorsement issued by the Board to
3-25 engage in the inspection, in connection with health and safety laws
3-26 and ordinances, of the plumbing work or installation of a public
3-27 water system distribution facility or of customer-owned plumbing
4-1 connected to that system's water distribution lines.
4-2 SECTION 2. The Plumbing License Law (Article 6243-101,
4-3 Vernon's Texas Civil Statutes) is amended by adding Sections 11A
4-4 and 11B to read as follows:
4-5 Sec. 11A. BACKFLOW PREVENTION DEVICE SPECIALIST ENDORSEMENT.
4-6 (a) The Board shall issue an endorsement as a backflow prevention
4-7 device specialist to a person licensed under this Act as a master
4-8 or journeyman plumber if the license holder:
4-9 (1) applies to the Board on a form prescribed by the
4-10 Board;
4-11 (2) pays the fee set by the Board;
4-12 (3) presents evidence satisfactory to the Board of
4-13 successful completion of a Board-approved cross connection control
4-14 and backflow prevention device tester course; and
4-15 (4) passes any examination required by the Board.
4-16 (b) An endorsement issued under this section is valid for
4-17 three years from the date of issuance and may be renewed on
4-18 compliance with any requirements prescribed by Board rule.
4-19 (c) A license holder who holds an endorsement under this
4-20 section may hold himself out as a backflow prevention device
4-21 specialist.
4-22 (d) The elements of the Board's endorsement program or
4-23 certification program authorized under this section or Section 11B
4-24 of this Act must be developed in cooperation with the Texas Natural
4-25 Resource Conservation Commission.
4-26 (e) A person licensed as an irrigator under Chapter 34,
4-27 Water Code, is not required to be licensed under this Act in order
5-1 to install, test, or repair backflow prevention devices used in
5-2 irrigation systems.
5-3 (f) A water well pump installer licensed under Chapter 33,
5-4 Water Code, is not required to be licensed under this Act to
5-5 install, test, or repair backflow prevention devices used in the
5-6 operation of a water well.
5-7 Sec. 11B. WATER SUPPLY PROTECTION SPECIALIST. (a) The
5-8 Board shall issue an endorsement as a water supply protection
5-9 specialist to a person licensed under this Act as a master or
5-10 journeyman plumber if the license holder:
5-11 (1) applies to the Board on a form prescribed by the
5-12 Board;
5-13 (2) pays the fee set by the Board;
5-14 (3) presents evidence satisfactory to the Board of
5-15 successful completion of a Board-approved certification program for
5-16 water supply protection specialists; and
5-17 (4) passes any examination required by the Board.
5-18 (b) An endorsement issued under this section is valid for
5-19 three years from the date of issuance and may be renewed on
5-20 compliance with any requirements prescribed by Board rule.
5-21 (c) A license holder who holds an endorsement under this
5-22 section may hold himself out as a water supply protection
5-23 specialist.
5-24 SECTION 3. Section 13, The Plumbing License Law (Article
5-25 6243-101, Vernon's Texas Civil Statutes), is amended to read as
5-26 follows:
5-27 Sec. 13. Fees. (a) The Board shall establish reasonable
6-1 and necessary fees for the administration of this Act in amounts
6-2 not to exceed:
6-3 (1) Master Plumber:
6-4 Examination $75
6-5 License 75
6-6 Renewal 75
6-7 (2) Journeyman Plumber:
6-8 Examination 50
6-9 License 50
6-10 Renewal 50
6-11 (3) Plumbing Inspector:
6-12 Examination 25
6-13 License 50
6-14 Renewal 50
6-15 (4) Backflow Prevention Device Specialist:
6-16 Examination 100
6-17 Certificate 100
6-18 License Endorsement 100
6-19 Renewal 50
6-20 (5) Water Supply Protection Specialist:
6-21 Examination 100
6-22 License Endorsement 100
6-23 Renewal 50
6-24 (b) The Board shall not maintain unnecessary fund balances,
6-25 and fee amounts shall be set in accordance with this requirement.
6-26 SECTION 4. Section 14, The Plumbing License Law (Article
6-27 6243-101, Vernon's Texas Civil Statutes), is amended to read as
7-1 follows:
7-2 Sec. 14. PROHIBITED ACTS <PROHIBITION AGAINST PRACTICING
7-3 WITHOUT LICENSE>; CITATIONS. (a) No person, whether as a master
7-4 plumber, journeyman plumber, or otherwise, shall engage in, work
7-5 at, or conduct the business of plumbing in this state or serve as a
7-6 plumbing inspector as herein defined, except as herein specifically
7-7 exempted from the provisions of this Act, unless such person is the
7-8 holder of a valid license as provided for by this Act. It shall be
7-9 unlawful for any person, firm, or corporation to engage in or work
7-10 at the business of installing plumbing and doing plumbing work
7-11 except as specifically herein provided unless such installation of
7-12 plumbing or plumbing work be under the supervision and control of a
7-13 plumber licensed under this Act. A license holder may not act as a
7-14 backflow prevention device specialist or water supply protection
7-15 specialist unless the license holder has the appropriate license
7-16 endorsement under Section 11A or 11B of this Act.
7-17 (b) An offense under Subsection (a) of this section is a
7-18 Class C misdemeanor <as defined by the Penal Code>.
7-19 (c) In addition to any other action, proceeding, or remedy
7-20 authorized by law, the Board may institute an action in its own
7-21 name against any person to enjoin any violation of this Act or any
7-22 rule of the Board. In order for the Board to sustain the action,
7-23 it is not necessary to allege or prove either that an adequate
7-24 remedy at law does not exist or that substantial or irreparable
7-25 damage would result from the continued violation of this Act or a
7-26 Board rule. Any party to the action may appeal the cause. The
7-27 Board may not be required to give any appeal bond in any cause
8-1 arising under this Act. The attorney general shall represent the
8-2 Board in all actions and proceedings to enforce this Act.
8-3 (d) A field representative or, within the jurisdiction of
8-4 that municipality, a municipal plumbing inspector, may issue a
8-5 citation to a person who engages in conduct described by Subsection
8-6 (e) of Section 9 of this Act.
8-7 SECTION 5. This Act takes effect September 1, 1993.
8-8 SECTION 6. The importance of this legislation and the
8-9 crowded condition of the calendars in both houses create an
8-10 emergency and an imperative public necessity that the
8-11 constitutional rule requiring bills to be read on three several
8-12 days in each house be suspended, and this rule is hereby suspended.