75(R) SB 805 House committee report

NDT C.S.S.B. 805 75(R)    BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
C.S.S.B. 805
By: Brown (Lewis, Ron)
4-28-97
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

C.S.S.B. 805, 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.
The bill also permits the Board to adopt a rule requiring apprentices to
register with the state. 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 by: 

 
    1)       permitting the Board to adopt a rule permitting apprentices
to register with the Board               in  SECTION 5; 
 2) requiring the Board to adopt rules to implement the retired status
license in SECTION SECTION 6; 
 3) permitting the Board to set times for endorsement renewals in SECTION
8; and 
 4) permitting the Board to set times for license and endorsement renewals
in SECTION 10 

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
exemption provision for areas outside municipalities of 5,000 or less
population and the exemption for work done in unincorporated areas on a
public water system  and by making 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) Permits the Board to adopt a rule to require apprentices to register
with the Board. 
 (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 changing the heading
to reflect that, under this legislation, apprentices must register with
the Board and by adding Subsections (e) and (f) as follows: 
 
 Spells out the procedure for apprentices to register with the Board.
 Creates a new category of licensing for retired plumbers.


SECTION 7. Amends Section 8A(e), Plumbing License Law, to clarify that
consumer protection measures that require a license holder to contain the
name and information about the Board apply only contracts relating to
plumbing. 


SECTION 8. Amends Section 8C(a) and (c), Plumbing License Law, as follows:

 (a)  Expands the persons eligible to receive a medical gas endorsement to
include plumbing inspectors. 
 Provides flexibility for the Board to renew endorsements by rule.
 

SECTION 9. 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 10. 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,
endorsements and registrations by rule. This Section also requires a
license holder or registrant to notify the Board of a change name or
address within one month of the change.  


SECTION 11. 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. This Subsection also gives the Board greater
flexibility in establishing rules for correspondence course for continuing
education. 


SECTION 12. 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 13. 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 MUD or to the jurisdiction with the strictest inspection
standards. 
 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 14. Repeals Section 12A dealing with renewal schedules addressed
in SECTON 9 of this legislation. 


SECTION 15. Effective date and transition language.


SECTION 16. Emergency clause.


SUMMARY OF COMMITTEE CHANGES

The House Committee Substitute makes three changes from the Senate
engrossed bill. 

First, the Senate bill refined the rural exemption found in SECTION 2 by
creating a 1,000 municipal population limit under which cities would be
exempt for the Plumbing License Law. The House Committee Substitute
abolished the 1,000 municipal population exemption language. 

Second, the Senate bill contained a SECTION 8 which required
municipalities to enforce the Plumbing License Law and spelled out the
method by which cities would handle the enforcement. The House Committee
Substitute eliminated this SECTION. 

Finally, the Senate bill in SECTION 9 stated that "a person" who holds a
medical gas endorsement could inspect medical gas piping work. The House
Committee Substitute states that "an inspector" who holds a medical gas
endorsement could inspect medical gas piping work.