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 -------------------------------------------------------------------