By: Truan S.B. No. 813
73R1030 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain plumbing activities and
1-3 inspections; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, The Plumbing License Law (Article
1-6 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-7 follows:
1-8 Sec. 2. DEFINITIONS. In this Act:
1-9 (1) "Plumbing" <(a) The word or term "plumbing" as
1-10 used in this Act> means <and shall include>:
1-11 (A) <(1)> All piping, fixtures, appurtenances
1-12 and appliances for supply or recirculation of water, gas, liquids,
1-13 and drainage or elimination of sewage, including disposal systems
1-14 or any combination thereof, for all personal or domestic purposes
1-15 in and about buildings where a person or persons live, work or
1-16 assemble; all piping, fixtures, appurtenances and appliances
1-17 outside a building connecting the building with the source of
1-18 water, gas, or other liquid supply, or combinations thereof, on the
1-19 premises, or the main in the street, alley or at the curb; all
1-20 piping, fixtures, appurtenances, appliances, drain or waste pipes
1-21 carrying waste water or sewage from or within a building to the
1-22 sewer service lateral at the curb or in the street or alley or
1-23 other disposal or septic terminal holding private or domestic
1-24 sewage; or
2-1 (B) <(2)> the installation, repair, service, and
2-2 maintenance of all piping, fixtures, appurtenances and appliances
2-3 in and about buildings where a person or persons live, work or
2-4 assemble, for a supply of gas, water, liquids, or any combination
2-5 thereof, or disposal of waste water or sewage.
2-6 (2) <(b) A> "Master Plumber" means <within the meaning
2-7 of this Act is> a person skilled in the planning, superintending,
2-8 and the practical installation, repair, and service of plumbing and
2-9 is familiar with the codes, ordinances, or rules and regulations
2-10 governing those matters, who alone, or through a person or persons
2-11 under his supervision, performs plumbing work, and who has
2-12 successfully fulfilled the examinations and requirements of the
2-13 Board.
2-14 (3) <(c) A> "Journeyman Plumber" means <within the
2-15 meaning of this Act is> any person other than a master plumber who
2-16 supervises, engages in, or works at the actual installation,
2-17 alteration, repair, service, and renovating of plumbing, and who
2-18 has successfully fulfilled the examinations and requirements of the
2-19 Board.
2-20 (4) <(d) A> "Plumber's Apprentice" means <within the
2-21 meaning of this Act is> any person other than a master plumber or
2-22 journeyman plumber who, as his principal occupation, is engaged in
2-23 learning and assisting in the installation of plumbing.
2-24 (5) <(e) A> "Plumbing Inspector" means <within the
2-25 meaning of this Act is> any person employed by a political
2-26 subdivision for the purpose of inspecting plumbing work and
2-27 installations in connection with health and safety laws and
3-1 ordinances, who has no financial or advisory interests in any
3-2 plumbing company, and who has successfully fulfilled the
3-3 examinations and requirements of the Board.
3-4 (6) <(f) The word or term> "Board" <as used in this
3-5 Act> means the Texas State Board of Plumbing Examiners.
3-6 (7) <(g)> "Water treatment" is a business which is
3-7 conducted under contract and requires ability, experience, and
3-8 skill in the analysis of water to determine how to treat influent
3-9 and effluent water to alter or purify the water or to add or remove
3-10 a mineral, chemical, or bacterial content or substance. The term
3-11 includes the installation and service of fixed or portable water
3-12 treatment equipment or a treatment apparatus, in public or private
3-13 water treatment systems. The term also includes the making of
3-14 connections necessary to the installation of a water treatment
3-15 system.
3-16 (8) <(h)> "System" <as used in this Act> means
3-17 interconnection between one or more public or private end users of
3-18 water, gas, sewer, or disposal systems that could be a threat to
3-19 public health if improperly connected.
3-20 (9) "Backflow prevention device specialist" means a
3-21 person who holds a license endorsement or certificate issued by the
3-22 board to engage in the business of installing, testing, or
3-23 repairing backflow prevention devices.
3-24 (10) "Public water systems inspector" means a person
3-25 who holds a license endorsement issued by the board to engage in
3-26 the inspection of public water systems.
3-27 SECTION 2. The Plumbing License Law (Article 6243-101,
4-1 Vernon's Texas Civil Statutes) is amended by adding Sections 11A,
4-2 11B, and 11C to read as follows:
4-3 Sec. 11A. GENERAL BACKFLOW PREVENTION DEVICE SPECIALIST
4-4 ENDORSEMENT. (a) The board shall issue an endorsement as a
4-5 general backflow prevention device specialist to a person licensed
4-6 under this Act as a master or journeyman plumber if the license
4-7 holder:
4-8 (1) applies to the board on a form prescribed by the
4-9 board;
4-10 (2) pays the fee set by the board;
4-11 (3) presents evidence satisfactory to the board of
4-12 successful completion of a board-approved cross connection control
4-13 and backflow prevention device tester course; and
4-14 (4) passes any examination required by the board.
4-15 (b) An endorsement issued under this section is valid for
4-16 three years from the date of issuance and may be renewed on
4-17 compliance with any requirements prescribed by board rule.
4-18 (c) A license holder who holds an endorsement under this
4-19 section may hold himself out as a general backflow prevention
4-20 device specialist.
4-21 Sec. 11B. LIMITED BACKFLOW PREVENTION DEVICE SPECIALIST
4-22 CERTIFICATE. (a) The board may issue a certificate as a limited
4-23 backflow prevention device specialist to:
4-24 (1) a person licensed as an irrigator under Chapter
4-25 34, Water Code, who engages in testing and repairing backflow
4-26 prevention devices used with irrigation systems;
4-27 (2) a person who is regularly employed as a
5-1 maintenance man or maintenance engineer and who tests or repairs a
5-2 backflow prevention device only on the premises where the person is
5-3 employed;
5-4 (3) a person who is the agent of a manufacturer of any
5-5 type of backflow prevention device and who tests devices made by
5-6 that manufacturer; or
5-7 (4) a person employed by a political subdivision of
5-8 this state who, in the person's capacity as a public employee,
5-9 tests or repairs backflow prevention devices located on public
5-10 easements.
5-11 (b) To obtain certification under this section, an applicant
5-12 must:
5-13 (1) apply to the board on a form prescribed by the
5-14 board;
5-15 (2) pay the fee set by the board;
5-16 (3) present evidence satisfactory to the board of
5-17 successful completion of a board-approved cross connection control
5-18 and backflow prevention device tester course; and
5-19 (4) pass any examination required by the board.
5-20 (c) A certification issued under this section is valid for
5-21 three years from the date of issuance and may be renewed on
5-22 compliance with any requirements prescribed by board rule.
5-23 Sec. 11C. PUBLIC WATER SYSTEMS INSPECTOR. (a) The board
5-24 shall issue an endorsement as a public water systems inspector to a
5-25 person licensed under this Act as a master or journeyman plumber if
5-26 the license holder:
5-27 (1) applies to the board on a form prescribed by the
6-1 board;
6-2 (2) pays the fee set by the board;
6-3 (3) presents evidence satisfactory to the board of
6-4 successful completion of a board-approved certification program for
6-5 public water systems inspectors; and
6-6 (4) passes any examination required by the board.
6-7 (b) A board-approved certification program must include all
6-8 elements required by the Texas Water Commission for licensing as a
6-9 public water systems inspector.
6-10 (c) An endorsement issued under this section is valid for
6-11 three years from the date of issuance and may be renewed on
6-12 compliance with any requirements prescribed by board rule.
6-13 (d) A license holder who holds an endorsement under this
6-14 section may hold himself out as a public water systems inspector.
6-15 SECTION 3. Section 13, The Plumbing License Law (Article
6-16 6243-101, Vernon's Texas Civil Statutes), is amended to read as
6-17 follows:
6-18 Sec. 13. Fees. (a) The Board shall establish reasonable
6-19 and necessary fees for the administration of this Act in amounts
6-20 not to exceed:
6-21 (1) Master Plumber:
6-22 Examination $75
6-23 License 75
6-24 Renewal 75
6-25 (2) Journeyman Plumber:
6-26 Examination 50
6-27 License 50
7-1 Renewal 50
7-2 (3) Plumbing Inspector:
7-3 Examination $25
7-4 License 50
7-5 Renewal 50
7-6 (4) Backflow Prevention Device Specialist:
7-7 Examination $100
7-8 Certificate 100
7-9 License Endorsement 100
7-10 Renewal 50
7-11 (5) Public Water Systems Inspector:
7-12 Examination $100
7-13 License Endorsement 100
7-14 Renewal 50
7-15 (b) The Board shall not maintain unnecessary fund balances,
7-16 and fee amounts shall be set in accordance with this requirement.
7-17 SECTION 4. Section 14, The Plumbing License Law (Article
7-18 6243-101, Vernon's Texas Civil Statutes), is amended to read as
7-19 follows:
7-20 Sec. 14. PROHIBITED ACTS <PROHIBITION AGAINST PRACTICING
7-21 WITHOUT LICENSE>; CITATIONS. (a) No person, whether as a master
7-22 plumber, journeyman plumber, or otherwise, shall engage in, work
7-23 at, or conduct the business of plumbing in this state or serve as a
7-24 plumbing inspector as herein defined, except as herein specifically
7-25 exempted from the provisions of this Act, unless such person is the
7-26 holder of a valid license as provided for by this Act. It shall be
7-27 unlawful for any person, firm, or corporation to engage in or work
8-1 at the business of installing plumbing and doing plumbing work
8-2 except as specifically herein provided unless such installation of
8-3 plumbing or plumbing work be under the supervision and control of a
8-4 plumber licensed under this Act. A license holder may not act as a
8-5 general backflow prevention device specialist or public water
8-6 systems inspector unless the license holder has the appropriate
8-7 license endorsement under Section 11A or 11C of this Act.
8-8 (b) An offense under Subsection (a) of this section is a
8-9 Class C misdemeanor <as defined by the Penal Code>.
8-10 (c) In addition to any other action, proceeding, or remedy
8-11 authorized by law, the Board may institute an action in its own
8-12 name against any person to enjoin any violation of this Act or any
8-13 rule of the Board. In order for the Board to sustain the action,
8-14 it is not necessary to allege or prove either that an adequate
8-15 remedy at law does not exist or that substantial or irreparable
8-16 damage would result from the continued violation of this Act or a
8-17 Board rule. Any party to the action may appeal the cause. The
8-18 Board may not be required to give any appeal bond in any cause
8-19 arising under this Act. The attorney general shall represent the
8-20 Board in all actions and proceedings to enforce this Act.
8-21 (d) A field representative or, within the jurisdiction of
8-22 that municipality, a municipal plumbing inspector, may issue a
8-23 citation to a person who engages in conduct described by Subsection
8-24 (e) of Section 9 of this Act.
8-25 (e) A person who holds a limited backflow prevention device
8-26 specialist certificate may hold himself out as certified by the
8-27 board. A person who acts as a limited backflow prevention device
9-1 specialist without obtaining a certificate under this Act commits
9-2 an offense. An offense under this subsection is a Class C
9-3 misdemeanor.
9-4 SECTION 5. This Act takes effect September 1, 1993.
9-5 SECTION 6. The importance of this legislation and the
9-6 crowded condition of the calendars in both houses create an
9-7 emergency and an imperative public necessity that the
9-8 constitutional rule requiring bills to be read on three several
9-9 days in each house be suspended, and this rule is hereby suspended.