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.