By Yarbrough H.B. No. 1781 74R6578 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the operation of the Texas Board of Plumbing and 1-3 Mechanical Work and the regulation of plumbing and mechanical laws 1-4 and programs by that board; providing penalties. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. The Revised Statutes are amended by adding Title 1-7 132B to read as follows: 1-8 TITLE 132B. TEXAS BOARD OF PLUMBING AND MECHANICAL WORK 1-9 Art. 9150. TEXAS BOARD OF PLUMBING AND MECHANICAL WORK 1-10 Sec. 1. DEFINITION. In this article, "board" means the 1-11 Texas Board of Plumbing and Mechanical Work. 1-12 Sec. 2. BOARD. (a) The Texas Board of Plumbing and 1-13 Mechanical Work consists of: 1-14 (1) one member who has not less than 10 years' 1-15 practical experience as a master plumber; 1-16 (2) one member who has not less than five years' 1-17 practical experience as a journeyman plumber; 1-18 (3) one member who has not less than five years' 1-19 experience as a plumbing contractor; 1-20 (4) one member who is a licensed sanitary engineer; 1-21 (5) one member who is a building contractor who has 1-22 not less than five years' contracting experience and who must be 1-23 principally engaged in home building; 1-24 (6) one member who is a building contractor who has 2-1 not less than five years' contracting experience and who must be 2-2 principally engaged in commercial building; 2-3 (7) one member who has not less than five years' 2-4 practical experience as a plumbing inspector; 2-5 (8) one member who is a licensed air conditioning and 2-6 refrigeration contractor; 2-7 (9) one member who is a licensed irrigator; 2-8 (10) one member who is a licensed engineer who has 2-9 mechanical design experience; 2-10 (11) one member who owns or uses a boiler in this 2-11 state; 2-12 (12) one member who is a building official from a 2-13 municipality with a population of 250,000 or more; and 2-14 (13) three members who are representatives of the 2-15 general public, one of whom must be a person with a disability. 2-16 (b) Members of the board are appointed by the governor with 2-17 the advice and consent of the senate. 2-18 (c) Except as provided by Subsection (a)(13) of this 2-19 section, appointments to the board shall be made without regard to 2-20 the race, color, disability, sex, religion, age, or national origin 2-21 of the appointees. 2-22 Sec. 3. OFFICERS; MEETINGS; COMPENSATION. (a) The board 2-23 annually shall select a presiding officer, assistant presiding 2-24 officer, and secretary-treasurer. 2-25 (b) The board shall hold at least two regular meetings each 2-26 year, at which time an examination for a license under a law 2-27 administered by the board shall be offered. Additional meetings 3-1 may be held at the call of the presiding officer or at the written 3-2 request of three members of the board. 3-3 (c) A member of the board is entitled to a per diem as set 3-4 by the General Appropriations Act for each day the member engages 3-5 in the business of the board. A member may not receive 3-6 compensation for travel expenses, including expenses for meals and 3-7 lodging, other than transportation expenses as provided by the 3-8 General Appropriations Act. 3-9 Sec. 4. TERMS. (a) Members of the board are appointed for 3-10 staggered six-year terms, with three members' terms expiring on 3-11 February 1 of each odd-numbered year. 3-12 (b) A member appointed to fill a vacancy shall hold office 3-13 for the remainder of that term. 3-14 Sec. 5. PUBLIC MEMBERSHIP RESTRICTION. A person is not 3-15 eligible for appointment as a public member of the board if the 3-16 person or the person's spouse: 3-17 (1) is registered, certified, or licensed by an 3-18 occupational regulatory agency in the field of plumbing or 3-19 mechanical work; 3-20 (2) is employed by or participates in the management 3-21 of a business entity or other organization regulated by the board 3-22 or receiving funds from the board; 3-23 (3) owns or controls, directly or indirectly, more 3-24 than 10 percent interest in a business entity or other organization 3-25 regulated by the board or receiving funds from the board; or 3-26 (4) uses or receives a substantial amount of tangible 3-27 goods, services, or funds from the board, other than compensation 4-1 or reimbursement authorized by law for board membership, 4-2 attendance, or expenses. 4-3 Sec. 6. CONFLICT OF INTEREST RESTRICTIONS. (a) An officer, 4-4 employee, or paid consultant of a Texas trade association in the 4-5 field of plumbing or mechanical work may not be a member or 4-6 employee of the board who is exempt from the state's position 4-7 classification plan or is compensated at or above the amount 4-8 prescribed by the General Appropriations Act for step 1, salary 4-9 group 17, of the position classification salary schedule. 4-10 (b) A person who is the spouse of an officer, manager, or 4-11 paid consultant of a Texas trade association in the field of 4-12 plumbing or mechanical work may not be a board member and may not 4-13 be an employee of the board who is exempt from the state's position 4-14 classification plan or is compensated at or above the amount 4-15 prescribed by the General Appropriations Act for step 1, salary 4-16 group 17, of the position classification salary schedule. 4-17 (c) For the purposes of this section, a Texas trade 4-18 association is a nonprofit, cooperative, and voluntarily joined 4-19 association of business or professional competitors in this state 4-20 designed to assist its members and its industry or profession in 4-21 dealing with mutual business or professional problems and in 4-22 promoting their common interest. 4-23 Sec. 7. EFFECT OF LOBBYING ACTIVITY. A person may not serve 4-24 as a member of the board or act as the general counsel to the board 4-25 if the person is required to register as a lobbyist under Chapter 4-26 305, Government Code, because of the person's activities for 4-27 compensation on behalf of a profession related to the operation of 5-1 the board. 5-2 Sec. 8. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground 5-3 for removal from the board if a member: 5-4 (1) does not have at the time of appointment the 5-5 qualifications required by Section 2 of this article; 5-6 (2) does not maintain during service on the board the 5-7 qualifications required by Section 2 of this article; 5-8 (3) violates a prohibition established by Section 5, 5-9 6, or 7 of this article; 5-10 (4) cannot discharge the member's duties for a 5-11 substantial part of the term for which the member is appointed 5-12 because of illness or disability; or 5-13 (5) is absent from more than half of the regularly 5-14 scheduled board meetings that the member is eligible to attend 5-15 during a calendar year unless the absence is excused by majority 5-16 vote of the board. 5-17 (b) The validity of an action of the board is not affected 5-18 by the fact that it is taken when a ground for removal of a board 5-19 member exists. 5-20 (c) If the executive director has knowledge that a potential 5-21 ground for removal exists, the executive director shall notify the 5-22 presiding officer of the board of the ground. The presiding 5-23 officer shall then notify the governor that a potential ground for 5-24 removal exists. 5-25 Sec. 9. STAFF. (a) The board shall employ an executive 5-26 director and administrative and clerical employees as necessary to 5-27 carry out the board's functions. 6-1 (b) The board shall develop and implement policies that 6-2 clearly define the respective responsibilities of the board and the 6-3 staff of the board. 6-4 Sec. 10. REGULATORY STATUTES ADMINISTERED. The board shall 6-5 administer and enforce: 6-6 (1) The Plumbing License Law (Article 6243-101, 6-7 Vernon's Texas Civil Statutes); 6-8 (2) the law regulating boilers, Chapter 755, Health 6-9 and Safety Code; 6-10 (3) the law regulating environmental performance 6-11 standards for plumbing fixtures, Chapter 372, Health and Safety 6-12 Code; 6-13 (4) the law regulating septic and sewage disposal 6-14 systems, Chapter 366, Health and Safety Code; 6-15 (5) the Air Conditioning and Refrigeration Contractor 6-16 License Law (Article 8861, Vernon's Texas Civil Statutes); and 6-17 (6) the law regulating irrigators, Chapter 34, Water 6-18 Code. 6-19 Sec. 11. SEPARATE LICENSES. (a) The board shall issue 6-20 separate licenses, certificates, permits, or registrations for the 6-21 programs under Section 10 of this article in which a license, 6-22 certificate, permit, or registration is issued by the board. 6-23 (b) The board may issue more than one type of license, 6-24 certificate, permit, or registration to a person under a law 6-25 regulated by the board if the person is qualified to hold each of 6-26 the licenses, certificates, permits, or registrations issued. The 6-27 board shall adopt rules relating to the issuance of multiple 7-1 licenses, certificates, permits, or registrations to a person under 7-2 laws administered by the board. 7-3 Sec. 12. EXPENDITURES; AUDIT. (a) The board may authorize, 7-4 from funds appropriated to it, all necessary disbursements to carry 7-5 out this article and the laws and programs listed in Section 10 of 7-6 this article. 7-7 (b) The financial transactions of the board are subject to 7-8 audit by the state auditor in accordance with Chapter 321, 7-9 Government Code. 7-10 Sec. 13. ANNUAL FINANCIAL REPORT. The board shall file 7-11 annually with the governor and the presiding officer of each house 7-12 of the legislature a complete and detailed written report 7-13 accounting for all funds received and disbursed by the board during 7-14 the preceding fiscal year. The annual report must be in the form 7-15 and reported in the time provided by the General Appropriations 7-16 Act. 7-17 Sec. 14. PERSONNEL POLICIES. (a) The executive director or 7-18 the executive director's designee shall develop an intra-agency 7-19 career ladder program. The program shall require intra-agency 7-20 posting of all nonentry level positions concurrently with any 7-21 public posting. 7-22 (b) The executive director or the executive director's 7-23 designee shall develop a system of annual performance evaluations 7-24 based on measurable job tasks. All merit pay for board employees 7-25 must be based on the system established under this subsection. 7-26 Sec. 15. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The 7-27 executive director or the executive director's designee shall 8-1 prepare and maintain a written policy statement to assure 8-2 implementation of a program of equal employment opportunity under 8-3 which all personnel transactions are made without regard to race, 8-4 color, disability, sex, religion, age, or national origin. The 8-5 policy statement must include: 8-6 (1) personnel policies, including policies relating to 8-7 recruitment, evaluation, selection, application, training, and 8-8 promotion of personnel that are in compliance with Chapter 21, 8-9 Labor Code; 8-10 (2) a comprehensive analysis of the board workforce 8-11 that meets federal and state guidelines; 8-12 (3) procedures by which a determination can be made of 8-13 significant underuse in the board workforce of all persons for whom 8-14 federal or state guidelines encourage a more equitable balance; and 8-15 (4) reasonable methods to appropriately address those 8-16 areas of underuse. 8-17 (b) A policy statement prepared under Subsection (a) of this 8-18 section must cover an annual period, be updated annually, be 8-19 reviewed by the Commission on Human Rights for compliance with 8-20 Subsection (a)(1) of this section, and be filed with the governor's 8-21 office. 8-22 (c) The governor's office shall deliver a biennial report to 8-23 the legislature based on the information received under Subsection 8-24 (b) of this section. The report may be made separately or as part 8-25 of other biennial reports to the legislature. 8-26 Sec. 16. PUBLIC INTEREST INFORMATION. (a) The board shall 8-27 prepare information of public interest describing the functions of 9-1 the board and the board's procedures by which complaints are filed 9-2 with and resolved by the board. The board shall make the 9-3 information available to the public and appropriate state agencies. 9-4 (b) The board by rule shall establish methods by which 9-5 consumers and service recipients are notified of the name, mailing 9-6 address, and telephone number of the board for the purpose of 9-7 directing complaints to the board. The board may provide for that 9-8 notification: 9-9 (1) on each registration form, application, or written 9-10 contract for services of an individual or entity regulated by the 9-11 board; 9-12 (2) on a sign prominently displayed in the place of 9-13 business of each individual or entity regulated by the board; or 9-14 (3) in a bill for service provided by an individual or 9-15 entity regulated by the board. 9-16 (c) The board shall list along with its regular telephone 9-17 number the toll-free telephone number that may be called to present 9-18 a complaint about a health professional if the toll-free number is 9-19 established under other state law. 9-20 Sec. 17. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board 9-21 shall develop and implement policies that provide the public with a 9-22 reasonable opportunity to appear before the board and to speak on 9-23 any issue under the jurisdiction of the board. 9-24 Sec. 18. PROGRAM ACCESSIBILITY. The board shall prepare and 9-25 maintain a written plan that describes how a person who does not 9-26 speak English can be provided reasonable access to the board's 9-27 programs. The board shall also comply with federal and state laws 10-1 for program and facility accessibility. 10-2 Sec. 19. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a) 10-3 Each board member shall comply with the board member training 10-4 requirements established by any other state agency that is given 10-5 authority to establish the requirements for the board. 10-6 (b) The board shall provide to its members and employees, as 10-7 often as necessary, information regarding their qualifications for 10-8 office or employment under this article and their responsibilities 10-9 under applicable laws relating to standards of conduct for state 10-10 officers or employees. 10-11 Sec. 20. OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE. The 10-12 board is subject to Chapters 551 and 2001, Government Code. 10-13 Sec. 21. SUNSET PROVISION. The Texas Board of Plumbing and 10-14 Mechanical Work is subject to Chapter 325, Government Code (Texas 10-15 Sunset Act). Unless continued in existence as provided by that 10-16 chapter, the board is abolished and the following laws expire 10-17 September 1, 2007: 10-18 (1) this article; 10-19 (2) The Plumbing License Law (Article 6243-101, 10-20 Vernon's Texas Civil Statutes); 10-21 (3) the law regulating boilers, Chapter 755, Health 10-22 and Safety Code; 10-23 (4) the law regulating environmental performance 10-24 standards for plumbing fixtures, Chapter 372, Health and Safety 10-25 Code; 10-26 (5) the law regulating septic and sewage disposal 10-27 systems, Chapter 366, Health and Safety Code; 11-1 (6) the Air Conditioning and Refrigeration Contractor 11-2 License Law (Article 8861, Vernon's Texas Civil Statutes); and 11-3 (7) the law regulating irrigators, Chapter 34, Water 11-4 Code. 11-5 Sec. 22. ADMINISTRATIVE PENALTIES. (a) The board may 11-6 assess an administrative penalty against a person who violates a 11-7 provision of this article, a law administered by the board, or a 11-8 rule or order adopted by the board as provided by this section. 11-9 (b) The penalty for each violation may be in an amount not 11-10 to exceed $1,000. Each day a violation continues or occurs may be 11-11 considered a separate violation for purposes of penalty assessment. 11-12 (c) In determining the amount of the penalty, the board 11-13 shall consider: 11-14 (1) the seriousness of the violation, including the 11-15 nature, circumstances, extent, and gravity of the prohibited acts 11-16 and the hazard or potential hazard posed to the health or safety of 11-17 the public; 11-18 (2) the economic damage to property or the environment 11-19 caused by the violation; 11-20 (3) the history of previous violations; 11-21 (4) the amount necessary to deter future violations; 11-22 (5) efforts to correct the violation; and 11-23 (6) any other matter that justice may require. 11-24 (d) If, after investigation of a possible violation and the 11-25 facts surrounding that possible violation, the board determines 11-26 that a violation has occurred, the board may issue a violation 11-27 report stating the facts on which the conclusion that a violation 12-1 occurred is based, recommending that an administrative penalty 12-2 under this section be imposed on the person charged, and 12-3 recommending the amount of that proposed penalty. The board shall 12-4 base the recommended amount of the proposed penalty on the 12-5 seriousness of the violation determined by consideration of the 12-6 factors set forth in Subsection (c) of this section. 12-7 (e) Not later than the 14th day after the date on which the 12-8 report is issued, the board shall give written notice of the report 12-9 to the person charged. The notice shall include a brief summary of 12-10 the charges, a statement of the amount of the penalty recommended, 12-11 and a statement of the right of the person charged to a hearing on 12-12 the occurrence of the violation or the amount of the penalty, or 12-13 both the occurrence of the violation and the amount of the penalty. 12-14 (f) Not later than the 20th day after the date on which 12-15 notice is received, the person charged may accept the determination 12-16 of the board made under Subsection (d) of this section, including 12-17 the recommended penalty, or make a written request for a hearing on 12-18 the determination. 12-19 (g) If the person charged with the violation accepts the 12-20 determination of the board, the board shall issue an order 12-21 approving the determination and ordering the payment of the 12-22 recommended penalty. 12-23 (h) If the person charged requests a hearing or fails to 12-24 timely respond to the notice, the board shall set a hearing and 12-25 give notice of the hearing. The hearing shall be held by a hearing 12-26 examiner designated by the board. The hearing examiner shall make 12-27 findings of fact and conclusions of law and promptly issue to the 13-1 board a proposal for decision as to the occurrence of the 13-2 violation, including a recommendation as to the amount of the 13-3 proposed penalty if a penalty is warranted. Based on the findings 13-4 of fact, conclusions of law, and recommendations of the hearing 13-5 examiner, the board by order may find a violation has occurred and 13-6 may assess a penalty or may find that no violation has occurred. 13-7 All proceedings under this subsection are subject to Chapter 2001, 13-8 Government Code. 13-9 (i) The board shall give notice of the board's order to the 13-10 person charged. The notice shall include: 13-11 (1) the findings of fact and conclusions of law 13-12 separately stated; 13-13 (2) the amount of the penalty ordered, if any; 13-14 (3) a statement of the right of the person charged to 13-15 judicial review of the board's order, if any; and 13-16 (4) other information required by law. 13-17 (j) Within the 30-day period immediately following the day 13-18 on which the order becomes final as provided by Section 2001.144, 13-19 Government Code, the person charged with the penalty shall: 13-20 (1) pay the penalty in full; or 13-21 (2) if the person files a petition for judicial review 13-22 contesting either the amount of the penalty or the fact of the 13-23 violation or contesting both the fact of the violation and the 13-24 amount of the penalty: 13-25 (A) forward the amount to the board for 13-26 placement in an escrow account; or 13-27 (B) in lieu of payment into escrow, post with 14-1 the board a supersedeas bond in a form approved by the board for 14-2 the amount of the penalty, the bond to be effective until all 14-3 judicial review of the order or decision is final. 14-4 (k) If a person charged is financially unable to either 14-5 forward the amount of the penalty for placement in an escrow 14-6 account or post a supersedeas bond for the amount of the penalty, 14-7 the person may satisfy the requirements of Subsection (j)(2) of 14-8 this section by filing with the board an affidavit sworn by the 14-9 person charged, stating that the person is financially unable to 14-10 either forward the amount of the penalty or post a bond. 14-11 (l) Failure to forward the money to or to post the bond or 14-12 file the affidavit with the board within the time provided by 14-13 Subsection (j) of this section results in a waiver of all legal 14-14 rights to judicial review. Also, if the person charged fails to 14-15 pay the penalty in full as provided under Subsection (j)(1) of this 14-16 section or forward the money, post the bond, or file the affidavit 14-17 as provided by Subsection (j) or (k) of this section, the board may 14-18 forward the matter to the attorney general for enforcement. 14-19 (m) Judicial review of the order or decision of the board 14-20 assessing the penalty shall be under the substantial evidence rule 14-21 and shall be instituted by filing a petition with a district court 14-22 in Travis County, as provided by Subchapter G, Chapter 2001, 14-23 Government Code. 14-24 (n) If the penalty is reduced or not assessed by the court, 14-25 the board shall remit to the person charged the appropriate amount 14-26 plus accrued interest if the penalty has been paid or shall execute 14-27 a release of the bond if a supersedeas bond has been posted. The 15-1 accrued interest on amounts remitted by the board under this 15-2 subsection shall be paid at a rate equal to the rate charged on 15-3 loans to depository institutions by the New York Federal Reserve 15-4 Bank and shall be paid for the period beginning on the date the 15-5 penalty is paid to the board under Subsection (j) of this section 15-6 and ending on the date the penalty is remitted. 15-7 (o) A penalty collected under this section shall be 15-8 deposited in the state general revenue fund. 15-9 Sec. 23. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT. 15-10 The board shall adopt rules that require: 15-11 (1) a municipality to assume responsibility for 15-12 compliance with the Americans with Disabilities Act of 1990 (42 15-13 U.S.C. Section 12101 et seq.) to the extent that Act applies to 15-14 plumbing and mechanical work regulated by the municipality; and 15-15 (2) the administration and enforcement of the laws and 15-16 programs regulated by the board to comply with the Americans with 15-17 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). 15-18 Sec. 24. EFFECT OF FEDERAL REGULATIONS. The board shall 15-19 adopt rules for a law or program regulated by the board as 15-20 necessary to comply with any federal regulation that imposes 15-21 standards or requirements on that law or program. 15-22 SECTION 2. The Plumbing License Law (Article 6243-101, 15-23 Vernon's Texas Civil Statutes) is amended by adding Section 1A to 15-24 read as follows: 15-25 Sec. 1A. FUNCTIONS TRANSFERRED; BOARD ABOLISHED. (a) This 15-26 Act is administered by the Texas Board of Plumbing and Mechanical 15-27 Work in accordance with Article 9150, Revised Statutes. To the 16-1 extent of a conflict between this Act and Article 9150, Revised 16-2 Statutes, that article prevails. 16-3 (b) Any reference in this Act to the Texas State Board of 16-4 Plumbing Examiners means the Texas Board of Plumbing and Mechanical 16-5 Work. 16-6 (c) The Texas State Board of Plumbing Examiners is abolished 16-7 and the functions of that board are exercised by the Texas Board of 16-8 Plumbing and Mechanical Work. 16-9 SECTION 3. The Air Conditioning and Refrigeration Contractor 16-10 License Law (Article 8861, Vernon's Texas Civil Statutes) is 16-11 amended by adding Section 1A to read as follows: 16-12 Sec. 1A. FUNCTIONS TRANSFERRED; ADVISORY BOARD ABOLISHED. 16-13 (a) This Act is administered by the Texas Board of Plumbing and 16-14 Mechanical Work in accordance with Article 9150, Revised Statutes. 16-15 To the extent of a conflict between this Act and Article 9150, 16-16 Revised Statutes, that article prevails. 16-17 (b) Any reference in this Act to the Texas Department of 16-18 Licensing and Regulation, the commissioner of licensing and 16-19 regulation, or the Air Conditioning and Refrigeration Contractors 16-20 Advisory Board means the Texas Board of Plumbing and Mechanical 16-21 Work. 16-22 (c) The Air Conditioning and Refrigeration Contractors 16-23 Advisory Board is abolished and the functions of that board and the 16-24 functions, under this Act, of the Texas Department of Licensing and 16-25 Regulation and the commissioner of licensing and regulation are 16-26 exercised by the Texas Board of Plumbing and Mechanical Work. 16-27 SECTION 4. Subchapter A, Chapter 366, Health and Safety 17-1 Code, is amended by adding Section 366.0015 to read as follows: 17-2 Sec. 366.0015. FUNCTIONS TRANSFERRED. (a) This chapter is 17-3 administered by the Texas Board of Plumbing and Mechanical Work in 17-4 accordance with Article 9150, Revised Statutes. To the extent of a 17-5 conflict between this chapter and Article 9150, Revised Statutes, 17-6 that article prevails. 17-7 (b) Any reference in this chapter to the Texas Natural 17-8 Resource Conservation Commission means the Texas Board of Plumbing 17-9 and Mechanical Work. 17-10 SECTION 5. Chapter 372, Health and Safety Code, is amended 17-11 by adding Section 372.0015 to read as follows: 17-12 Sec. 372.0015. FUNCTIONS TRANSFERRED. (a) This chapter is 17-13 administered by the Texas Board of Plumbing and Mechanical Work in 17-14 accordance with Article 9150, Revised Statutes. To the extent of a 17-15 conflict between this chapter and Article 9150, Revised Statutes, 17-16 that article prevails. 17-17 (b) Any reference in this chapter to the Texas Natural 17-18 Resource Conservation Commission means the Texas Board of Plumbing 17-19 and Mechanical Work. 17-20 SECTION 6. Subchapter A, Chapter 755, Health and Safety 17-21 Code, is amended by adding Section 755.002 to read as follows: 17-22 Sec. 755.002. FUNCTIONS TRANSFERRED; BOARD ABOLISHED. (a) 17-23 This chapter is administered by the Texas Board of Plumbing and 17-24 Mechanical Work in accordance with Article 9150, Revised Statutes. 17-25 To the extent of a conflict between this chapter and Article 9150, 17-26 Revised Statutes, that article prevails. 17-27 (b) Any reference in this chapter to the Texas Department of 18-1 Licensing and Regulation, the commissioner of licensing and 18-2 regulation, or the Board of Boiler Rules means the Texas Board of 18-3 Plumbing and Mechanical Work. 18-4 (c) The Board of Boiler Rules is abolished and the functions 18-5 of that board and the functions, under this chapter, of the Texas 18-6 Department of Licensing and Regulation and the commissioner of 18-7 licensing and regulation are exercised by the Texas Board of 18-8 Plumbing and Mechanical Work. 18-9 SECTION 7. Chapter 34, Water Code, is amended by adding 18-10 Section 34.0015 to read as follows: 18-11 Sec. 34.0015. FUNCTIONS TRANSFERRED; COUNCIL ABOLISHED. (a) 18-12 This chapter is administered by the Texas Board of Plumbing and 18-13 Mechanical Work in accordance with Article 9150, Revised Statutes. 18-14 To the extent of a conflict between this chapter and Article 9150, 18-15 Revised Statutes, that article prevails. 18-16 (b) Any reference in this chapter to the Texas Natural 18-17 Resource Conservation Commission or the Texas irrigators advisory 18-18 council means the Texas Board of Plumbing and Mechanical Work. 18-19 (c) The Texas irrigators advisory council is abolished and 18-20 the functions of that board and the functions, under this chapter, 18-21 of the Texas Natural Resource Conservation Commission are exercised 18-22 by the Texas Board of Plumbing and Mechanical Work. 18-23 SECTION 8. (a) As soon as possible after the effective date 18-24 of this Act, the governor shall appoint the initial members of the 18-25 Texas Board of Plumbing and Mechanical Work in accordance with 18-26 Article 9150, Revised Statutes, as added by this Act. In making 18-27 the initial appointments, the governor shall designate members to 19-1 serve terms as follows: 19-2 (1) one master plumber member, one sanitary engineer 19-3 member, one plumbing inspector member, one irrigator member, and 19-4 one public member serve for terms expiring February 1, 1997; 19-5 (2) one journeyman plumber member, one building 19-6 contractor member, one air conditioning and refrigeration 19-7 contractor member, one engineer member, and one public member serve 19-8 for terms expiring February 1, 1999; and 19-9 (3) one plumbing contractor member, one building 19-10 contractor member, one boiler owner or operator member, one 19-11 building official member, and one public member serve for terms 19-12 expiring February 1, 2001. 19-13 (b) The Texas Board of Plumbing and Mechanical Work may not 19-14 take any action and is not created until the day after the date the 19-15 last appointee to the initial board takes office. On the date of 19-16 its creation, the board assumes its functions and: 19-17 (1) the Air Conditioning and Refrigeration Contractors 19-18 Advisory Board, Texas State Board of Plumbing Examiners, Board of 19-19 Boiler Rules, and Texas irrigators advisory council are abolished; 19-20 (2) the obligations, rights, contracts, records and 19-21 other property, and personnel of, and unspent money appropriated to 19-22 or for, the abolished boards and council or the governing body for 19-23 the laws or programs transferred to the new board under this Act 19-24 are transferred to the Texas Board of Plumbing and Mechanical Work; 19-25 (3) the rules of the abolished boards and council or 19-26 the governing body for the laws or programs transferred to the new 19-27 board under this Act are continued in effect as rules of the Texas 20-1 Board of Plumbing and Mechanical Work until superseded by rule of 20-2 the new board; 20-3 (4) the licenses, certificates, permits, or 20-4 registrations in effect that were issued by the abolished boards or 20-5 council or the governing body for the laws or programs transferred 20-6 to the new board under this Act are continued in effect as 20-7 licenses, certificates, permits, or registrations of the Texas 20-8 Board of Plumbing and Mechanical Work; 20-9 (5) a complaint or investigation pending before the 20-10 abolished boards or council or the governing body for the laws or 20-11 programs transferred to the new board under this Act is transferred 20-12 without change in status to the Texas Board of Plumbing and 20-13 Mechanical Work; 20-14 (6) a contested case pending before the abolished 20-15 boards and council or the governing body for the laws or programs 20-16 transferred to the new board under this Act is transferred to the 20-17 Texas Board of Plumbing and Mechanical Work and actions taken in 20-18 the proceeding are treated as if taken by the Texas Board of 20-19 Plumbing and Mechanical Work; and 20-20 (7) any reference in a law to the abolished boards or 20-21 council means the Texas Board of Plumbing and Mechanical Work. 20-22 (c) Regardless of the changes in law made by this Act, until 20-23 the date that the Air Conditioning and Refrigeration Contractors 20-24 Advisory Board, Texas State Board of Plumbing Examiners, Board of 20-25 Boiler Rules, and Texas irrigators advisory council are abolished 20-26 as provided by this section, the boards and council continue in 20-27 existence and shall administer their functions under the law that 21-1 governed the boards and council before the effective date of this 21-2 Act, and the prior law is continued in effect for that purpose. 21-3 (d) The Texas Board of Plumbing and Mechanical Work shall 21-4 adopt rules under this Act not later than December 1, 1995. 21-5 SECTION 9. The following laws are repealed: 21-6 (1) Sections 4, 4a, 5A, 6, and 7, The Plumbing License 21-7 Law (Article 6243-101, Vernon's Texas Civil Statutes); 21-8 (2) Subchapter B, Chapter 755, Health and Safety Code; 21-9 (3) Section 3A, Air Conditioning and Refrigeration 21-10 Contractor License Law (Article 8861, Vernon's Texas Civil 21-11 Statutes); and 21-12 (4) Sections 34.003 and 34.011, Water Code. 21-13 SECTION 10. This Act takes effect September 1, 1995. 21-14 SECTION 11. The importance of this legislation and the 21-15 crowded condition of the calendars in both houses create an 21-16 emergency and an imperative public necessity that the 21-17 constitutional rule requiring bills to be read on three several 21-18 days in each house be suspended, and this rule is hereby suspended.