1-1  By:  Truan                                             S.B. No. 813
    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. 813                    By:  Truan
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the regulation of certain plumbing activities and
   1-24  inspections; providing a penalty.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 2, The Plumbing License Law (Article
   1-27  6243-101, Vernon's Texas Civil Statutes), is amended to read as
   1-28  follows:
   1-29        Sec. 2.  DEFINITIONS.  In this Act:
   1-30              (1)  "Plumbing" <(a)  The word or term "plumbing" as
   1-31  used in this Act> means <and shall include>:
   1-32                    (A) <(1)>  All piping, fixtures, appurtenances
   1-33  and appliances for supply or recirculation of water, gas, liquids,
   1-34  and drainage or elimination of sewage, including disposal systems
   1-35  or any combination thereof, for all personal or domestic purposes
   1-36  in and about buildings where a person or persons live, work or
   1-37  assemble; all piping, fixtures, appurtenances and appliances
   1-38  outside a building connecting the building with the source of
   1-39  water, gas, or other liquid supply, or combinations thereof, on the
   1-40  premises, or the main in the street, alley or at the curb; all
   1-41  piping, fixtures, appurtenances, appliances, drain or waste pipes
   1-42  carrying waste water or sewage from or within a building to the
   1-43  sewer service lateral at the curb or in the street or alley or
   1-44  other disposal or septic terminal holding private or domestic
   1-45  sewage; or
   1-46                    (B) <(2)>  the installation, repair, service, and
   1-47  maintenance of all piping, fixtures, appurtenances and appliances
   1-48  in and about buildings where a person or persons live, work or
   1-49  assemble, for a supply of gas, water, liquids, or any combination
   1-50  thereof, or disposal of waste water or sewage.
   1-51              (2) <(b)  A> "Master Plumber" means <within the meaning
   1-52  of this Act is> a person skilled in the planning, superintending,
   1-53  and the practical installation, repair, and service of plumbing and
   1-54  is familiar with the codes, ordinances, or rules and regulations
   1-55  governing those matters, who alone, or through a person or persons
   1-56  under his supervision, performs plumbing work, and who has
   1-57  successfully fulfilled the examinations and requirements of the
   1-58  Board.
   1-59              (3) <(c)  A> "Journeyman Plumber" means <within the
   1-60  meaning of this Act is> any person other than a master plumber who
   1-61  supervises, engages in, or works at the actual installation,
   1-62  alteration, repair, service, and renovating of plumbing, and who
   1-63  has successfully fulfilled the examinations and requirements of the
   1-64  Board.
   1-65              (4) <(d)  A> "Plumber's Apprentice" means <within the
   1-66  meaning of this Act is> any person other than a master plumber or
   1-67  journeyman plumber who, as his principal occupation, is engaged in
   1-68  learning and assisting in the installation of plumbing.
    2-1              (5) <(e)  A> "Plumbing Inspector" means <within the
    2-2  meaning of this Act is> any person employed by a political
    2-3  subdivision for the purpose of inspecting plumbing work and
    2-4  installations in connection with health and safety laws and
    2-5  ordinances, who has no financial or advisory interests in any
    2-6  plumbing company, and who has successfully fulfilled the
    2-7  examinations and requirements of the Board.
    2-8              (6) <(f)  The word or term> "Board" <as used in this
    2-9  Act> means the Texas State Board of Plumbing Examiners.
   2-10              (7) <(g)>  "Water treatment" is a business which is
   2-11  conducted under contract and requires ability, experience, and
   2-12  skill in the analysis of water to determine how to treat influent
   2-13  and effluent water to alter or purify the water or to add or remove
   2-14  a mineral, chemical, or bacterial content or substance.  The term
   2-15  includes the installation and service of fixed or portable water
   2-16  treatment equipment or a treatment apparatus, in public or private
   2-17  water treatment systems.  The term also includes the making of
   2-18  connections necessary to the installation of a water treatment
   2-19  system.
   2-20              (8) <(h)>  "System" <as used in this Act> means
   2-21  interconnection between one or more public or private end users of
   2-22  water, gas, sewer, or disposal systems that could be a threat to
   2-23  public health if improperly connected.
   2-24              (9)  "Backflow prevention device specialist" means a
   2-25  person who holds a license endorsement or certificate issued by the
   2-26  Board to engage in the business of installing, testing, or
   2-27  repairing backflow prevention devices.
   2-28              (10)  "Water supply protection specialist" means a
   2-29  person who holds a license endorsement issued by the Board to
   2-30  engage in the inspection, in connection with health and safety laws
   2-31  and ordinances, of the plumbing work or installation of a public
   2-32  water system distribution facility or of customer-owned plumbing
   2-33  connected to that system's water distribution lines.
   2-34        SECTION 2.  The Plumbing License Law (Article 6243-101,
   2-35  Vernon's Texas Civil Statutes) is amended by adding Sections 11A
   2-36  and 11B to read as follows:
   2-37        Sec. 11A.  BACKFLOW PREVENTION DEVICE SPECIALIST ENDORSEMENT.
   2-38  (a)  The Board shall issue an endorsement as a backflow prevention
   2-39  device specialist to a person licensed under this Act as a master
   2-40  or journeyman plumber if the license holder:
   2-41              (1)  applies to the Board on a form prescribed by the
   2-42  Board;
   2-43              (2)  pays the fee set by the Board;
   2-44              (3)  presents evidence satisfactory to the Board of
   2-45  successful completion of a Board-approved cross connection control
   2-46  and backflow prevention device tester course; and
   2-47              (4)  passes any examination required by the Board.
   2-48        (b)  An endorsement issued under this section is valid for
   2-49  three years from the date of issuance and may be renewed on
   2-50  compliance with any requirements prescribed by Board rule.
   2-51        (c)  A license holder who holds an endorsement under this
   2-52  section may hold himself out as a backflow prevention device
   2-53  specialist.
   2-54        (d)  The elements of the Board's endorsement program or
   2-55  certification program authorized under this section or Section 11B
   2-56  of this Act must be developed in cooperation with the Texas Natural
   2-57  Resource Conservation Commission.
   2-58        (e)  A person licensed as an irrigator under Chapter 34,
   2-59  Water Code, is not required to be licensed under this Act in order
   2-60  to install, test, or repair backflow prevention devices used in
   2-61  irrigation systems.
   2-62        (f)  A water well pump installer licensed under Chapter 33,
   2-63  Water Code, is not required to be licensed under this Act to
   2-64  install, test, or repair backflow prevention devices used in the
   2-65  operation of a water well.
   2-66        Sec. 11B.  WATER SUPPLY PROTECTION SPECIALIST.  (a)  The
   2-67  Board shall issue an endorsement as a water supply protection
   2-68  specialist to a person licensed under this Act as a master or
   2-69  journeyman plumber if the license holder:
   2-70              (1)  applies to the Board on a form prescribed by the
    3-1  Board;
    3-2              (2)  pays the fee set by the Board;
    3-3              (3)  presents evidence satisfactory to the Board of
    3-4  successful completion of a Board-approved certification program for
    3-5  water supply protection specialists; and
    3-6              (4)  passes any examination required by the Board.
    3-7        (b)  An endorsement issued under this section is valid for
    3-8  three years from the date of issuance and may be renewed on
    3-9  compliance with any requirements prescribed by Board rule.
   3-10        (c)  A license holder who holds an endorsement under this
   3-11  section may hold himself out as a water supply protection
   3-12  specialist.
   3-13        SECTION 3.  Section 13, The Plumbing License Law (Article
   3-14  6243-101, Vernon's Texas Civil Statutes), is amended to read as
   3-15  follows:
   3-16        Sec. 13.  Fees.  (a)  The Board shall establish reasonable
   3-17  and necessary fees for the administration of this Act in amounts
   3-18  not to exceed:
   3-19              (1)  Master Plumber:
   3-20                    Examination                              $75
   3-21                    License                                   75
   3-22                    Renewal                                   75
   3-23              (2)  Journeyman Plumber:
   3-24                    Examination                               50
   3-25                    License                                   50
   3-26                    Renewal                                   50
   3-27              (3)  Plumbing Inspector:
   3-28                    Examination                               25
   3-29                    License                                   50
   3-30                    Renewal                                   50
   3-31              (4)  Backflow Prevention Device Specialist:
   3-32                    Examination                              100
   3-33                    Certificate                              100
   3-34                    License Endorsement                      100
   3-35                    Renewal                                   50
   3-36              (5)  Water Supply Protection Specialist:
   3-37                    Examination                              100
   3-38                    License Endorsement                      100
   3-39                    Renewal                                   50
   3-40        (b)  The Board shall not maintain unnecessary fund balances,
   3-41  and fee amounts shall be set in accordance with this requirement.
   3-42        SECTION 4.  Section 14, The Plumbing License Law (Article
   3-43  6243-101, Vernon's Texas Civil Statutes), is amended to read as
   3-44  follows:
   3-45        Sec. 14.  PROHIBITED ACTS <PROHIBITION AGAINST PRACTICING
   3-46  WITHOUT LICENSE>; CITATIONS.  (a)  No person, whether as a master
   3-47  plumber, journeyman plumber, or otherwise, shall engage in, work
   3-48  at, or conduct the business of plumbing in this state or serve as a
   3-49  plumbing inspector as herein defined, except as herein specifically
   3-50  exempted from the provisions of this Act, unless such person is the
   3-51  holder of a valid license as provided for by this Act.  It shall be
   3-52  unlawful for any person, firm, or corporation to engage in or work
   3-53  at the business of installing plumbing and doing plumbing work
   3-54  except as specifically herein provided unless such installation of
   3-55  plumbing or plumbing work be under the supervision and control of a
   3-56  plumber licensed under this Act.  A license holder may not act as a
   3-57  backflow prevention device specialist or water supply protection
   3-58  specialist unless the license holder has the appropriate license
   3-59  endorsement under Section 11A or 11B of this Act.
   3-60        (b)  An offense under Subsection (a) of this section is a
   3-61  Class C misdemeanor <as defined by the Penal Code>.
   3-62        (c)  In addition to any other action, proceeding, or remedy
   3-63  authorized by law, the Board may institute an action in its own
   3-64  name against any person to enjoin any violation of this Act or any
   3-65  rule of the Board.  In order for the Board to sustain the action,
   3-66  it is not necessary to allege or prove either that an adequate
   3-67  remedy at law does not exist or that substantial or irreparable
   3-68  damage would result from the continued violation of this Act or a
   3-69  Board rule.  Any party to the action may appeal the cause.  The
   3-70  Board may not be required to give any appeal bond in any cause
    4-1  arising under this Act.  The attorney general shall represent the
    4-2  Board in all actions and proceedings to enforce this Act.
    4-3        (d)  A field representative or, within the jurisdiction of
    4-4  that municipality, a municipal plumbing inspector, may issue a
    4-5  citation to a person who engages in conduct described by Subsection
    4-6  (e) of Section 9 of this Act.
    4-7        SECTION 5.  This Act takes effect September 1, 1993.
    4-8        SECTION 6.  The importance of this legislation and the
    4-9  crowded condition of the calendars in both houses create an
   4-10  emergency and an imperative public necessity that the
   4-11  constitutional rule requiring bills to be read on three several
   4-12  days in each house be suspended, and this rule is hereby suspended.
   4-13                               * * * * *
   4-14                                                         Austin,
   4-15  Texas
   4-16                                                         April 16, 1993
   4-17  Hon. Bob Bullock
   4-18  President of the Senate
   4-19  Sir:
   4-20  We, your Committee on Natural Resources to which was referred S.B.
   4-21  No. 813, have had the same under consideration, and I am instructed
   4-22  to report it back to the Senate with the recommendation that it do
   4-23  not pass, but that the Committee Substitute adopted in lieu thereof
   4-24  do pass and be printed.
   4-25                                                         Truan,
   4-26  Vice-Chairman
   4-27                               * * * * *
   4-28                               WITNESSES
   4-29                                                  FOR   AGAINST  ON
   4-30  ___________________________________________________________________
   4-31  Name:  Stanley J. Briers                                       x
   4-32  Representing:  Board of Plmbg Examiners
   4-33  City:  Taylor Lake Village
   4-34  -------------------------------------------------------------------
   4-35  Name:  Gilbert Kissilino                                       x
   4-36  Representing:  State Plumbing Board
   4-37  City:  Austin
   4-38  -------------------------------------------------------------------
   4-39  Name:  Steven Walden                                           x
   4-40  Representing:  Tx Water Commission
   4-41  City:  Austin
   4-42  -------------------------------------------------------------------
   4-43  Name:  Thomas Combs                              x
   4-44  Representing:  Tx Plumbing Association
   4-45  City:  Austin
   4-46  -------------------------------------------------------------------
   4-47  Name:  Alonzo L. Starkey III                     x
   4-48  Representing:  Tx State Board Plbg Examiners
   4-49  City:  Kerrville
   4-50  -------------------------------------------------------------------
   4-51  Name:  Jerry D. Moore                            x
   4-52  Representing:  Moore Bros. Construction Co.
   4-53  City:  Pollok
   4-54  -------------------------------------------------------------------
   4-55  Name:  Michael Lenard                            x
   4-56  Representing:  APHCC of Texas
   4-57  City:  Houston
   4-58  -------------------------------------------------------------------
   4-59  Name:  Freddie H. Bailey, Sr.                    x
   4-60  Representing:  Freddie H. Bailey Plbg, Inc.
   4-61  City:  Houston
   4-62  -------------------------------------------------------------------
   4-63  Name:  Freddie H. Bailey, Jr.                    x
   4-64  Representing:  APHCC of Texas
   4-65  City:  Katy
   4-66  -------------------------------------------------------------------
   4-67                                                  FOR   AGAINST  ON
   4-68  ___________________________________________________________________
   4-69  Name:  Albert L. Hollub                          x
   4-70  Representing:  Himself
    5-1  City:  Pasadena
    5-2  -------------------------------------------------------------------
    5-3  Name:  Samuel Keith Snider                       x
    5-4  Representing:  Himself
    5-5  City:  Houston
    5-6  -------------------------------------------------------------------