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.