By:  Truan                                             S.B. No. 908
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of plumbing.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 3, The Plumbing License Law (Article
    1-4  6243-101, Vernon's Texas Civil Statutes), is amended to read as
    1-5  follows:
    1-6        Sec. 3.  ACTS PERMITTED WITHOUT A LICENSE.  The following
    1-7  acts, work and conduct shall be expressly permitted without
    1-8  license:
    1-9        (a)  Plumbing work done by a property owner in a building
   1-10  owned or occupied by him as his homestead;
   1-11        (b)  Plumbing work done:
   1-12              (1)  outside the municipal limits of any organized
   1-13  city, town, or village in this state and not within the
   1-14  extraterritorial jurisdiction of a city, town, or village of 50,000
   1-15  or more inhabitants;<,> or
   1-16              (2)  within a <any such> city, town, or village of less
   1-17  than <five thousand (>5,000<)> inhabitants that is not within the
   1-18  extraterritorial jurisdiction of a city, town, or village of 50,000
   1-19  or more inhabitants, unless a license is required by ordinance in
   1-20  the <such> city, town, or village of less than <five thousand
   1-21  (>5,000<)> inhabitants;
   1-22        (c)  Plumbing work done by anyone who is regularly employed
   1-23  as or acting as a maintenance man or maintenance engineer,
   1-24  incidental to and in connection with the business in which he is
    2-1  employed or engaged, and who does not engage in the occupation of a
    2-2  plumber for the general public; construction, installation and
    2-3  maintenance work done upon the premises or equipment of a railroad
    2-4  by an employee thereof who does not engage in the occupation of a
    2-5  plumber for the general public; and plumbing work done by persons
    2-6  engaged by any public service company in the laying, maintenance
    2-7  and operation of its service mains or lines to the point of
    2-8  measurement and the installation, alteration, adjustment, repair,
    2-9  removal and renovation of all types of appurtenances, equipment and
   2-10  appliances, including doing all that is necessary to render the
   2-11  appliances useable or serviceable; appliance installation and
   2-12  service work done by anyone who is an appliance dealer or is
   2-13  employed by an appliance dealer, and acting as an appliance
   2-14  installation man or appliance service man in connecting appliances
   2-15  to existing piping installations; water treatment installations,
   2-16  exchanges, services, or repairs.  Provided, however, that all work
   2-17  and service herein named or referred to shall be subject to
   2-18  inspection and approval in accordance with the terms of all local
   2-19  valid city or municipal ordinances;
   2-20        (d)  Plumbing work done by a licensed irrigator or licensed
   2-21  installer when working and licensed under Chapter 34, Water Code
   2-22  <197, Acts of the 66th Legislature, Regular Session, 1979 (Article
   2-23  8751, Vernon's Texas Civil Statutes)>.  A person holding a valid
   2-24  license from the Texas State Board of Plumbing Examiners shall not
   2-25  be required to be licensed by any other board or agency when
   2-26  installing or working on a lawn irrigation system;
   2-27        (e)  Plumbing work done by an LP Gas installer when working
    3-1  and licensed under Chapter 113, Natural Resources Code, as amended;
    3-2  and
    3-3        (f)  Plumbing work done by an individual who owns a
    3-4  groundwater well on a system supplied by that well, provided that
    3-5  such system supplies water to no more than one household, an
    3-6  agricultural enterprise, or a commercial enterprise that does not
    3-7  supply raw or potable water to others.
    3-8        SECTION 2.  Section 15, The Plumbing License Law (Article
    3-9  6243-101, Vernon's Texas Civil Statutes), is amended to read as
   3-10  follows:
   3-11        Sec. 15.  Municipal Rules and Regulations.  Every city or
   3-12  town in this state of <more than five thousand (>5,000<)> or more
   3-13  inhabitants shall, and any city or town of this state of less than
   3-14  5,000 inhabitants may, by ordinance or by-law, prescribe rules and
   3-15  regulations for the materials, construction, alteration and
   3-16  inspection of all pipes, faucets, tanks, valves and other fixtures
   3-17  by and through which a supply of water, gas or sewage is used or
   3-18  carried; and provided that they shall not be placed in any building
   3-19  therein except in accordance with such rules and regulations; and
   3-20  shall further provide that no plumbing shall be done except in case
   3-21  of repairing of leaks, without a permit being first issued therefor
   3-22  upon such terms and conditions as such city or town shall
   3-23  prescribe; provided that no such ordinance, by-law, rule or
   3-24  regulation prescribed by any such city or town shall be
   3-25  inconsistent with this Act, or any rule or regulation adopted or
   3-26  prescribed by the State Board of Plumbing Examiners.
   3-27        SECTION 3.  The importance of this legislation and the
    4-1  crowded condition of the calendars in both houses create an
    4-2  emergency and an imperative public necessity that the
    4-3  constitutional rule requiring bills to be read on three several
    4-4  days in each house be suspended, and this rule is hereby suspended,
    4-5  and that this Act take effect and be in force from and after its
    4-6  passage, and it is so enacted.