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
3-12 -------------------------------------------------------------------
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
3-20 -------------------------------------------------------------------
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
3-32 -------------------------------------------------------------------