NDT C.S.H.B. 1711 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES C.S.H.B. 1711 By: Lewis, Ron 3-25-97 Committee Report (Substituted) BACKGROUND The Plumbing License Law (Article 6243-101, V.T.C.S.) has been amended numerous times, and State Board of Plumbing Examiners' rules have further changed the regulatory climate under which plumbing is performed in the state. In addition, changes in technology have altered the nature and regulation of plumbing and related practices. Revisions in the law are needed to provide for stronger consumer protection and a less cumbersome regulatory climate and to ensure that all parts of the law are complementary. PURPOSE The Committee Substitute for House Bill 1711, as proposed, makes two substantive revisions in the Plumbing License Law and numerous changes that are minor or technical in nature. The bill would expand the number of consumers protected by the law and abolish duplicative permitting requirements in areas that are governed by standards established by municipalities and municipal utility districts. In addition, the bill makes a number of revisions that clarify the law and better reflect current plumbing practices. RULEMAKING AUTHORITY It is the committee's opinion that this bill does grant additional rulemaking authority to the State Board of Plumbing Examiners. In particular, the bill gives the Board the authority, by rule, to require the registration of apprentices. In addition, the bill permits the Board, by rule, to establish a system by which licenses and endorsements expire at various times during the year. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2, Plumbing License Law, by amending Subdivisions (1), (2), and (5) as follows: Expands the definition of "plumbing" to include medical gas and vacuum piping work to reflect current practices. Refines the definition of "master plumber." (5) Specifies that plumbing inspectors inspect for compliance with plumbing and gas codes. SECTION 2. Amends Section 3, Plumbing License Law, by eliminating the blanket exemption provision for areas outside municipalities of 5,000 population and instead extends an exemption to residential properties not connected to a public water supply and located in an unincorporated area. This section also makes several technical changes to the existing statute. SECTION 3. Amends Section 3A(a), Plumbing License Law, by eliminating a reference to a Subsection that has been repealed. SECTION 4. Amends Section 4(a), Plumbing License Law, by substituting the requirement that one Board position be filled by a sanitary engineer, which is not defined by law, with a requirement that one Board position be filled by a professional engineer, which is defined by law and which has been the established practice. SECTION 5. Amends Section 5(a) and (d), Plumbing License Law, as follows: (a) Gives the Board permission, by rule, to register apprentices. (d) Makes the Board's involvement in continuing education mandatory and changes the wording to reflect that current license holders have license endorsements. SECTION 6. Amends Section 8, Plumbing License Law, by adding a new Subsection (e) that creates a new class of license for retired plumbers. SECTION 7. Amends Section 8A(e), Plumbing License Law, to clarify that consumer protection measures that require a license holder's contracts to contain the name and information about the Board apply only to contracts relating to plumbing. SECTION 8. Amends Section 8B, Plumbing License Law, by redesignating it Section 8D and requiring plumbing inspectors to enforce the law to reflect the current practice. SECTION 9. Amends Section 8C(a) and (c), Plumbing License Law, as follows: (a) Clarifies that a person who holds a medical gas endorsement is eligible to inspector medical gas piping work. Provides flexibility for the Board to renew endorsements by rule. SECTION 10. Amends Sections 9(a), (c), (d), and (e), Plumbing License Law, by changing the wording to reflect that current license holders have license endorsements. SECTION 11. Amends Section 12, Plumbing License Law, by changing the wording to reflect that current license holders have license endorsements and by providing the Board flexibility to periodically renew licenses and endorsements by rule. This Section also requires a license holder to notify the Board of a change of name or address within one month of the change. SECTION 12. Amends Sections 12B(a) and (d), Plumbing License law, as follows: (a) Changes the wording to reflect that current license holders have license endorsements. (d) Changes the wording to reflect that current license holders have license endorsements and gives the Board greater flexibility in establishing rules for correspondence courses for continuing education. SECTION 13. Amends Section 14(a), Plumbing License Law, by changing the wording to reflect that current license holders have license endorsements. This Section also clarifies that apprentices must work under the active supervision of a license holder. SECTION 14. Amends Section 15, Plumbing License Law, by adding Subsections (d), (e), and (f) as follows: Requires that master plumbers submit proof of insurance to the Board. Eliminates dual inspections in areas that are within a municipality and a municipal utility district. This Subsection delegates the inspection authority to the municipality or to the jurisdiction with the strictest inspection standards. (a)Prohibits a municipality or municipal utility district from collecting an inspection fee unless the jurisdiction is entitled to perform an inspection as outlined in the previous Subsection. SECTION 15. Repeals Section 12A dealing with renewal schedules addressed in SECTON 9 of this legislation. SECTION 16. Effective date and transition language. SECTION 17. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill makes reference to apprentices and requires that they must register with the Board. CSHB 1711 drops the reference to apprentices, eliminates the requirement that they register with the Board, allows the Board by rule to register apprentices and changes direct supervision to active supervision. The substitute also extends an exemption to residential construction connected to a private water system in unincorporated areas; maintains current law on public service companies; and further refined the LP Gas exemption to conform with Railroad Commission standards. The substitute also permits any person who holds a medical gas license endorsement to inspect medical gas piping.