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.