1-1  By:  Truan                                             S.B. No. 908
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 28, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; April 28, 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. 908                    By:  Truan
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the regulation of plumbing.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 3, The Plumbing License Law (Article
   1-26  6243-101, Vernon's Texas Civil Statutes), is amended to read as
   1-27  follows:
   1-28        Sec. 3.  ACTS PERMITTED WITHOUT A LICENSE.  The following
   1-29  acts, work and conduct shall be expressly permitted without
   1-30  license:
   1-31        (a)  Plumbing work done by a property owner in a building
   1-32  owned or occupied by him as his homestead;
   1-33        (b)  Plumbing work done:
   1-34              (1)  outside the municipal limits of any organized
   1-35  city, town, or village in this state and not within the
   1-36  extraterritorial jurisdiction of a city, town, or village of 50,000
   1-37  or more inhabitants;<,> or
   1-38              (2)  within a <any such> city, town, or village of less
   1-39  than <five thousand (>5,000<)> inhabitants that is not within the
   1-40  extraterritorial jurisdiction of a city, town, or village of 50,000
   1-41  or more inhabitants, unless a license is required by ordinance in
   1-42  the <such> city, town, or village of less than <five thousand
   1-43  (>5,000<)> inhabitants;
   1-44        (c)  Plumbing work done by anyone who is regularly employed
   1-45  as or acting as a maintenance man or maintenance engineer,
   1-46  incidental to and in connection with the business in which he is
   1-47  employed or engaged, and who does not engage in the occupation of a
   1-48  plumber for the general public; construction, installation and
   1-49  maintenance work done upon the premises or equipment of a railroad
   1-50  by an employee thereof who does not engage in the occupation of a
   1-51  plumber for the general public; and plumbing work done by persons
   1-52  engaged by any public service company in the laying, maintenance
   1-53  and operation of its service mains or lines to the point of
   1-54  measurement and the installation, alteration, adjustment, repair,
   1-55  removal and renovation of all types of appurtenances, equipment and
   1-56  appliances, including doing all that is necessary to render the
   1-57  appliances useable or serviceable; appliance installation and
   1-58  service work done by anyone who is an appliance dealer or is
   1-59  employed by an appliance dealer, and acting as an appliance
   1-60  installation man or appliance service man in connecting appliances
   1-61  to existing piping installations; water treatment installations,
   1-62  exchanges, services, or repairs.  Provided, however, that all work
   1-63  and service herein named or referred to shall be subject to
   1-64  inspection and approval in accordance with the terms of all local
   1-65  valid city or municipal ordinances;
   1-66        (d)  Plumbing work done by a licensed irrigator or licensed
   1-67  installer when working and licensed under Chapter 34, Water Code
   1-68  <197, Acts of the 66th Legislature, Regular Session, 1979 (Article
    2-1  8751, Vernon's Texas Civil Statutes)>.  A person holding a valid
    2-2  license from the Texas State Board of Plumbing Examiners shall not
    2-3  be required to be licensed by any other board or agency when
    2-4  installing or working on a lawn irrigation system;
    2-5        (e)  Plumbing work done by an LP Gas installer when working
    2-6  and licensed under Chapter 113, Natural Resources Code, as amended;
    2-7  and
    2-8        (f)  Plumbing work done by an individual who owns a
    2-9  groundwater well on a system supplied by that well, provided that
   2-10  such system supplies water to no more than one household, an
   2-11  agricultural enterprise, or a commercial enterprise that does not
   2-12  supply raw or potable water to others.
   2-13        SECTION 2.  Section 15, The Plumbing License Law (Article
   2-14  6243-101, Vernon's Texas Civil Statutes), is amended to read as
   2-15  follows:
   2-16        Sec. 15.  Municipal Rules and Regulations.  Every city or
   2-17  town in this state of <more than five thousand (>5,000<)> or more
   2-18  inhabitants shall, and any city or town of this state of less than
   2-19  5,000 inhabitants may, by ordinance or by-law, prescribe rules and
   2-20  regulations for the materials, construction, alteration and
   2-21  inspection of all pipes, faucets, tanks, valves and other fixtures
   2-22  by and through which a supply of water, gas or sewage is used or
   2-23  carried; and provided that they shall not be placed in any building
   2-24  therein except in accordance with such rules and regulations; and
   2-25  shall further provide that no plumbing shall be done except in case
   2-26  of repairing of leaks, without a permit being first issued therefor
   2-27  upon such terms and conditions as such city or town shall
   2-28  prescribe; provided that no such ordinance, by-law, rule or
   2-29  regulation prescribed by any such city or town shall be
   2-30  inconsistent with this Act, or any rule or regulation adopted or
   2-31  prescribed by the State Board of Plumbing Examiners.
   2-32        SECTION 3.  The importance of this legislation and the
   2-33  crowded condition of the calendars in both houses create an
   2-34  emergency and an imperative public necessity that the
   2-35  constitutional rule requiring bills to be read on three several
   2-36  days in each house be suspended, and this rule is hereby suspended,
   2-37  and that this Act take effect and be in force from and after its
   2-38  passage, and it is so enacted.
   2-39                               * * * * *
   2-40                                                         Austin,
   2-41  Texas
   2-42                                                         April 28, 1993
   2-43  Hon. Bob Bullock
   2-44  President of the Senate
   2-45  Sir:
   2-46  We, your Committee on Natural Resources to which was referred S.B.
   2-47  No. 908, have had the same under consideration, and I am instructed
   2-48  to report it back to the Senate with the recommendation that it do
   2-49  not pass, but that the Committee Substitute adopted in lieu thereof
   2-50  do pass and be printed.
   2-51                                                         Sims,
   2-52  Chairman
   2-53                               * * * * *
   2-54                               WITNESSES
   2-55                                                  FOR   AGAINST  ON
   2-56  ___________________________________________________________________
   2-57  Name:  Jerry D. Moore                            x
   2-58  Representing:  Moore Bros. Construction Co.
   2-59  City:  Pollok
   2-60  -------------------------------------------------------------------
   2-61                                                  FOR   AGAINST  ON
   2-62  ___________________________________________________________________
   2-63  Name:  Thomas Combs                              x
   2-64  Representing:  Tx Plumbing Association
   2-65  City:  Austin
   2-66  -------------------------------------------------------------------
   2-67  Name:  Alonzo L. Starke III                      x
   2-68  Representing:  Tx State Board of Plumb. Exam
   2-69  City:  Kerrville
   2-70  -------------------------------------------------------------------
    3-1  Name:  Albert L. Hollub                          x
    3-2  Representing:  Himself
    3-3  City:  Pasadena
    3-4  -------------------------------------------------------------------
    3-5  Name:  Freddie H. Bailey, Sr.                    x
    3-6  Representing:  Freddie Bailey Plmbg, Inc.
    3-7  City:  Houston
    3-8  -------------------------------------------------------------------
    3-9  Name:  Samuel Keith Snider                       x
   3-10  Representing:  Freddie Bailey Plumbing
   3-11  City:  Houston
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   3-13  Name:  Michael J. Lenard                         x
   3-14  Representing:  APHCC of Texas
   3-15  City:  Houston
   3-16  -------------------------------------------------------------------
   3-17  Name:  Stanley J. Briers                                       x
   3-18  Representing:  Board of Plmbg Examiners
   3-19  City:  Taylor Lake Village
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   3-21  Name:  Gilbert Kissilino                                       x
   3-22  Representing:  State Plumbing Board
   3-23  City:  Austin
   3-24  -------------------------------------------------------------------
   3-25  Name:  Steven Walden                                           x
   3-26  Representing:  Tx Water Commission
   3-27  City:  Austin
   3-28  -------------------------------------------------------------------
   3-29  Name:  Freddie H. Bailey, Jr.                    x
   3-30  Representing:  APHCC of Texas
   3-31  City:  Katy
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