S.B. No. 813
                                        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)  "Water supply protection specialist" means a
   3-20  person who holds a license endorsement issued by the Board to
   3-21  engage in the inspection, in connection with health and safety laws
   3-22  and ordinances, of the plumbing work or installation of a public
   3-23  water system distribution facility or of customer-owned plumbing
   3-24  connected to that system's water distribution lines.
   3-25        SECTION 2.  The Plumbing License Law (Article 6243-101,
   3-26  Vernon's Texas Civil Statutes) is amended by adding Sections 11A,
   3-27  11B, and 11C to read as follows:
    4-1        Sec. 11A.  WATER SUPPLY PROTECTION SPECIALIST.  (a)  The
    4-2  Board shall issue an endorsement as a water supply protection
    4-3  specialist to a person licensed under this Act as a master or
    4-4  journeyman plumber if the license holder:
    4-5              (1)  applies to the Board on a form prescribed by the
    4-6  Board;
    4-7              (2)  pays the fee set by the Board;
    4-8              (3)  presents evidence satisfactory to the Board of
    4-9  successful completion of a Board-approved certification program for
   4-10  water supply protection specialists; and
   4-11              (4)  passes any examination required by the Board.
   4-12        (b)  An endorsement issued under this section is valid for
   4-13  three years from the date of issuance and may be renewed on
   4-14  compliance with any requirements prescribed by Board rule.
   4-15        (c)  A license holder who holds an endorsement under this
   4-16  section may hold himself out as a water supply protection
   4-17  specialist.
   4-18        Sec. 11B.  EXEMPTION OF PUBLIC EMPLOYEES.  Nothing in this
   4-19  Act shall require a person employed by a political subdivision who,
   4-20  in the person's capacity as a public employee, acts as a backflow
   4-21  prevention device specialist or water supply protection specialist
   4-22  to have a license endorsement under Section 11A of this Act.
   4-23        Sec. 11C.  EXEMPTION OF PUBLIC UTILITY EMPLOYEES.  Nothing in
   4-24  this Act shall require a person employed by a public utility as
   4-25  defined by Section 3(c), Public Utility Regulatory Act (Article
   4-26  1446c, Vernon's Texas Civil Statutes) who, in the course of the
   4-27  person's employment, acts as a backflow prevention device
    5-1  specialist or water supply protection specialist to have a license
    5-2  endorsement under Section 11A of this Act.
    5-3        SECTION 3.  Section 13, The Plumbing License Law (Article
    5-4  6243-101, Vernon's Texas Civil Statutes), is amended to read as
    5-5  follows:
    5-6        Sec. 13.  Fees.  (a)  The Board shall establish reasonable
    5-7  and necessary fees for the administration of this Act in amounts
    5-8  not to exceed:
    5-9              (1)  Master Plumber:
   5-10                    Examination                              $75
   5-11                    License                                   75
   5-12                    Renewal                                   75
   5-13              (2)  Journeyman Plumber:
   5-14                    Examination                               50
   5-15                    License                                   50
   5-16                    Renewal                                   50
   5-17              (3)  Plumbing Inspector:
   5-18                    Examination                               25
   5-19                    License                                   50
   5-20                    Renewal                                   50
   5-21              (4)  Water Supply Protection Specialist:
   5-22                    Examination                              100
   5-23                    License Endorsement                      100
   5-24                    Renewal                                   50
   5-25        (b)  The Board shall not maintain unnecessary fund balances,
   5-26  and fee amounts shall be set in accordance with this requirement.
   5-27        SECTION 4.  Section 14, The Plumbing License Law (Article
    6-1  6243-101, Vernon's Texas Civil Statutes), is amended to read as
    6-2  follows:
    6-3        Sec. 14.  PROHIBITED ACTS <PROHIBITION AGAINST PRACTICING
    6-4  WITHOUT LICENSE>; CITATIONS.  (a)  No person, whether as a master
    6-5  plumber, journeyman plumber, or otherwise, shall engage in, work
    6-6  at, or conduct the business of plumbing in this state or serve as a
    6-7  plumbing inspector as herein defined, except as herein specifically
    6-8  exempted from the provisions of this Act, unless such person is the
    6-9  holder of a valid license as provided for by this Act.  It shall be
   6-10  unlawful for any person, firm, or corporation to engage in or work
   6-11  at the business of installing plumbing and doing plumbing work
   6-12  except as specifically herein provided unless such installation of
   6-13  plumbing or plumbing work be under the supervision and control of a
   6-14  plumber licensed under this Act.  A license holder may not act as a
   6-15  water supply protection specialist unless the license holder has
   6-16  the appropriate license endorsement under Section 11A or 11B of
   6-17  this Act.
   6-18        (b)  An offense under Subsection (a) of this section is a
   6-19  Class C misdemeanor <as defined by the Penal Code>.
   6-20        (c)  In addition to any other action, proceeding, or remedy
   6-21  authorized by law, the Board may institute an action in its own
   6-22  name against any person to enjoin any violation of this Act or any
   6-23  rule of the Board.  In order for the Board to sustain the action,
   6-24  it is not necessary to allege or prove either that an adequate
   6-25  remedy at law does not exist or that substantial or irreparable
   6-26  damage would result from the continued violation of this Act or a
   6-27  Board rule.  Any party to the action may appeal the cause.  The
    7-1  Board may not be required to give any appeal bond in any cause
    7-2  arising under this Act.  The attorney general shall represent the
    7-3  Board in all actions and proceedings to enforce this Act.
    7-4        (d)  A field representative or, within the jurisdiction of
    7-5  that municipality, a municipal plumbing inspector, may issue a
    7-6  citation to a person who engages in conduct described by Subsection
    7-7  (e) of Section 9 of this Act.
    7-8        SECTION 5.  This Act takes effect September 1, 1993.
    7-9        SECTION 6.  The importance of this legislation and the
   7-10  crowded condition of the calendars in both houses create an
   7-11  emergency and an imperative public necessity that the
   7-12  constitutional rule requiring bills to be read on three several
   7-13  days in each house be suspended, and this rule is hereby suspended.