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 * * * * *