1-1  By:  Torres (Senate Sponsor - Gallegos)               H.B. No. 1541
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 16, 1995, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 19, 1995, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 8, Nays
    1-6  0; May 19, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 1541                By:  Gallegos
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to certain work that may be performed without a plumbing
   1-11  license and the prohibition of the sale or transfer of certain
   1-12  plumbing fixtures.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 14, The Plumbing License Law (Article
   1-15  6243-101, Vernon's Texas Civil Statutes), is amended by adding
   1-16  Subsection (f) to read as follows:
   1-17        (f)  A person, corporation, or other entity may not sell,
   1-18  donate, or transfer a water closet plumbing fixture or other
   1-19  equipment that uses water that does not comply with a
   1-20  state-approved plumbing code and that may permit the backflow of
   1-21  nonpotable substances into the potable water supply.  The board
   1-22  shall adopt rules under this subsection that include a list
   1-23  describing the types of plumbing fixtures to which this subsection
   1-24  applies.
   1-25        SECTION 2.  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 outside the municipal limits of any
   1-34  organized city, town or village in this state, or within any such
   1-35  city, town or village of less than five thousand (5,000)
   1-36  inhabitants, unless required by ordinance in such city, town or
   1-37  village of less than five thousand (5,000) inhabitants;>
   1-38        <(c)>  Plumbing work done by anyone who is regularly employed
   1-39  as or acting as a maintenance man or maintenance engineer,
   1-40  incidental to and in connection with the business in which he is
   1-41  employed or engaged, and who does not engage in the occupation of a
   1-42  plumber for the general public; construction, installation and
   1-43  maintenance work done upon the premises or equipment of a railroad
   1-44  by an employee thereof who does not engage in the occupation of a
   1-45  plumber for the general public; and plumbing work done by persons
   1-46  engaged by any public service company in the laying, maintenance
   1-47  and operation of its service mains or lines to the point of
   1-48  measurement and the installation, alteration, adjustment, repair,
   1-49  removal and renovation of all types of appurtenances, equipment and
   1-50  appliances, including doing all that is necessary to render the
   1-51  appliances useable or serviceable; appliance installation and
   1-52  service work done by anyone who is an appliance dealer or is
   1-53  employed by an appliance dealer, and acting as an appliance
   1-54  installation man or appliance service man in connecting appliances
   1-55  to existing piping installations; water treatment installations,
   1-56  exchanges, services, or repairs.  Provided, however, that all work
   1-57  and service herein named or referred to shall be subject to
   1-58  inspection and approval in accordance with the terms of all local
   1-59  valid city or municipal ordinances;
   1-60        (c) <(d)>  Plumbing work done by a licensed irrigator or
   1-61  licensed installer when working and licensed under Chapter 197,
   1-62  Acts of the 66th Legislature, Regular Session, 1979 (Article 8751,
   1-63  Vernon's Texas Civil Statutes).  A person holding a valid license
   1-64  from the Texas State Board of Plumbing Examiners shall not be
   1-65  required to be licensed by any other board or agency when
   1-66  installing or working on a lawn irrigation system;
   1-67        (d) <(e)>  Plumbing work done by an LP Gas installer when
   1-68  working and licensed under Chapter 113, Natural Resources Code<, as
    2-1  amended>.
    2-2        SECTION 3.  (a)  This Act takes effect September 1, 1995.
    2-3        (b)  The change in law made by Section 1 of this Act applies
    2-4  only to a plumbing fixture sold, donated, or transferred on or
    2-5  after January 1, 1996.
    2-6        (c)  The Texas State Board of Plumbing Examiners shall adopt
    2-7  rules under this Act not later than January 1, 1996.
    2-8        SECTION 4.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.
   2-13                               * * * * *