By Lewis of Orange H.B. No. 1711
Substitute the following for H.B. No. 1711:
By Yarbrough C.S.H.B. No. 1711
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of plumbing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, The Plumbing License Law (Article
1-5 6243-101, Vernon's Texas Civil Statutes), is amended by amending
1-6 Subdivisions (1), (2), and (5) to read as follows:
1-7 (1) "Plumbing" means:
1-8 (A) All piping, fixtures, appurtenances and
1-9 appliances for supply or recirculation of water, gas, medical gases
1-10 and vacuum, liquids, and drainage or elimination of sewage,
1-11 including disposal systems or any combination thereof, for all
1-12 personal or domestic purposes in and about buildings where a person
1-13 or persons live, work or assemble; all piping, fixtures,
1-14 appurtenances and appliances outside a building connecting the
1-15 building with the source of water, gas, medical gases and vacuum,
1-16 or other liquid supply, or combinations thereof, on the premises,
1-17 or the main in the street, alley or at the curb; all piping,
1-18 fixtures, appurtenances, appliances, drain or waste pipes carrying
1-19 waste water or sewage from or within a building to the sewer
1-20 service lateral at the curb or in the street or alley or other
1-21 disposal or septic terminal holding private or domestic sewage; or
1-22 (B) the installation, repair, service, and
1-23 maintenance of all piping, fixtures, appurtenances and appliances
1-24 in and about buildings where a person or persons live, work or
2-1 assemble, for a supply of gas, medical gases and vacuum, water,
2-2 liquids, or any combination thereof, or disposal of waste water or
2-3 sewage.
2-4 (2) "Master Plumber" means a person who is skilled in
2-5 the planning, superintending, and the practical installation,
2-6 repair, and service of plumbing, who secures permits for plumbing
2-7 work, who [and] is knowledgeable of [familiar with] the codes,
2-8 ordinances, or rules and regulations governing those matters, who
2-9 alone, or through a person or persons under his supervision
2-10 performs plumbing work, and who has successfully fulfilled the
2-11 examinations and requirements of the Board.
2-12 (5) "Plumbing Inspector" means any person who is
2-13 employed by a political subdivision for the purpose of inspecting
2-14 plumbing work and installations in connection with health and
2-15 safety laws, [and] ordinances, and plumbing and gas codes, who has
2-16 no financial or advisory interests in any plumbing company, and who
2-17 has successfully fulfilled the examinations and requirements of the
2-18 Board.
2-19 SECTION 2. Section 3, The Plumbing License Law (Article
2-20 6243-101, Vernon's Texas Civil Statutes), is amended to read as
2-21 follows:
2-22 Sec. 3. Acts Permitted Without a License. The following
2-23 acts, work and conduct shall be expressly permitted without
2-24 license:
2-25 (a) Plumbing work done by a property owner in a
2-26 building owned and or occupied by him as his homestead;
2-27 (b) Plumbing work done on a single family residential
3-1 property not connected to a public water system and located outside
3-2 the municipal limits of any organized city, town or village in this
3-3 state[, or within any such city, town or village of less than five
3-4 thousand (5,000) inhabitants, unless required by ordinance in such
3-5 city, town or village of less than five thousand (5,000)
3-6 inhabitants];
3-7 (c) Plumbing work done by anyone who is regularly
3-8 employed as or acting as a maintenance man or maintenance engineer,
3-9 incidental to and in connection with the business in which he is
3-10 employed or engaged, and who does not engage in the occupation of a
3-11 plumber for the general public; [construction, installation and]
3-12 maintenance work done upon the premises or equipment of a railroad
3-13 by an employee thereof who does not engage in the occupation of a
3-14 plumber for the general public; and plumbing work done by persons
3-15 engaged by any public service company in the laying, maintenance
3-16 and operation of its service mains or lines to the point of
3-17 measurement and the installation, alteration, adjustment, repair,
3-18 removal and renovation of all types of appurtenances, equipment and
3-19 appliances, including doing all that is necessary to render the
3-20 appliances useable or serviceable; appliance installation and
3-21 service work done by anyone who is an appliance dealer or who is
3-22 employed by an appliance dealer, and acting as an appliance
3-23 installation man or appliance service man in connecting appliances
3-24 to existing openings with a code-approved appliance connector
3-25 [piping installations]; and water treatment installations,
3-26 exchanges, services, or repairs. Provided, however, that all work
3-27 and service herein named or referred to shall be subject to
4-1 inspection and approval in accordance with the terms of all state
4-2 laws and local valid city or municipal ordinances;
4-3 (d) Plumbing work done by a licensed irrigator or
4-4 licensed installer when working and licensed under Chapter 197,
4-5 Acts of the 66th Legislature, Regular Session, 1979 (Article 8751,
4-6 Vernon's Texas Civil Statutes). A person holding a valid license
4-7 from the Texas State Board of Plumbing Examiners shall not be
4-8 required to be licensed by any other board or agency when
4-9 installing or working on a lawn irrigation system;
4-10 (e) LPG system [Plumbing] work done by an LP Gas
4-11 installer when working and licensed under Chapter 113, Natural
4-12 Resources Code, as amended.
4-13 SECTION 3. Section 3A(a), The Plumbing License Law (Article
4-14 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-15 follows:
4-16 (a) The Commissioner of Health or his designee shall
4-17 certify persons as being qualified for the installation, exchange,
4-18 servicing, and repair of residential water treatment facilities [as
4-19 defined by Subsection (g) of Section 2 of this Act]. The Texas
4-20 Board of Health shall set standards for certification to ensure the
4-21 public health and to protect the public from unqualified persons
4-22 engaging in activities relating to water treatment. Nothing in
4-23 this section shall be construed to require that persons licensed
4-24 pursuant to this Act are subject to certification under this
4-25 section.
4-26 SECTION 4. Section 4(a), The Plumbing License Law (Article
4-27 6243-101, Vernon's Texas Civil Statutes), is amended to read as
5-1 follows:
5-2 (a) The Texas State Board of Plumbing Examiners shall
5-3 consist of nine members, each of whom shall be a citizen of the
5-4 United States and a resident of this state. Members of the Board
5-5 and their successors shall be appointed by the Governor and
5-6 confirmed by the Senate, and shall hold office for terms of six
5-7 years, or until their successors are appointed and have qualified.
5-8 Appointments to the Board shall be made without regard to the race,
5-9 creed, sex, religion, or national origin of the appointees. One
5-10 member of the Board shall have had at least ten years practical
5-11 experience as a master plumber, one member shall have had at least
5-12 five years practical experience as a journeyman plumber, one member
5-13 shall be a plumbing contractor with five years experience, one
5-14 member shall be a licensed professional [sanitary] engineer
5-15 knowledgeable in the practice of plumbing engineering and design,
5-16 two members shall be building contractors with five years
5-17 contracting experience (one of whom shall be principally engaged in
5-18 home building and one of whom shall be principally engaged in
5-19 commercial building), and one member shall have had at least five
5-20 years practical experience as a plumbing inspector. Two members
5-21 must be representatives of the general public. A person is not
5-22 eligible for appointment as a public member if the person or the
5-23 person's spouse:
5-24 (1) is licensed by an occupational regulatory agency
5-25 in the building construction industry;
5-26 (2) is employed by or participates in the management
5-27 of an agency or business entity related to the building
6-1 construction industry; or
6-2 (3) has, other than as a consumer, a financial
6-3 interest in a business entity related to the building construction
6-4 industry.
6-5 SECTION 5. Sections 5(a) and (d), The Plumbing License Law
6-6 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
6-7 read as follows:
6-8 (a) The Board shall administer the provisions of this Act.
6-9 The Board shall formally elect a chairman and a secretary from its
6-10 members and may adopt such rules as it deems necessary for the
6-11 orderly conduct and enforcement of its affairs. The Board is
6-12 hereby authorized and empowered to employ, promote and discharge
6-13 such assistants and employees as it may deem necessary to properly
6-14 carry out the intent and purpose of this Act, and to fix and pay
6-15 their compensation and salaries and to provide for their duties and
6-16 the terms of their employment. A majority of the Board shall
6-17 constitute a quorum for the transaction of business. The Board
6-18 shall have a seal which shall be judicially noticed. The Board
6-19 shall keep records of all proceedings and actions by and before the
6-20 Board. The Board is hereby authorized, empowered and directed to
6-21 prescribe, amend and enforce all rules and regulations necessary to
6-22 carry out this Act. The Board shall appoint an employee or
6-23 employees thereof, with the power of removal, as a plumbing
6-24 examiner or examiners, whose duties shall be to examine, as to
6-25 their fitness and qualifications, all persons applying to the Board
6-26 for licenses to engage in the business, trade or calling of a
6-27 master plumber or a journeyman plumber or to serve as a plumbing
7-1 inspector, and to promptly certify the result thereof to said State
7-2 Board of Plumbing Examiners. The Board by rule may require
7-3 apprentices to register with the Board.
7-4 (d) The Board shall [may] recognize, prepare, or implement
7-5 continuing education programs for licensees and endorsees.
7-6 [Participation in the programs is voluntary.]
7-7 SECTION 6. Section 8, The Plumbing License Law (Article
7-8 6243-101, Vernon's Texas Civil Statutes), is amended by adding
7-9 Subsection (e) to read as follows:
7-10 (e) A license holder whose license was eligible for renewal
7-11 when the license holder retired and who is not actively engaged in
7-12 the business of plumbing may apply for retired status. The Board by
7-13 rule shall adopt procedures and requirements for placing a license
7-14 on retired status. A license holder on retired status is not
7-15 required to complete continuing education while the person is on
7-16 retired status.
7-17 SECTION 7. Section 8A(e), The Plumbing License Law (Article
7-18 6243-101, Vernon's Texas Civil Statutes), is amended to read as
7-19 follows:
7-20 (e) Each written contract for plumbing services in this
7-21 state [of a licensed plumber] shall contain the name, mailing
7-22 address, and telephone number of the Board.
7-23 SECTION 8. Section 8B, The Plumbing License Law (Article
7-24 6243-101, Vernon's Texas Civil Statutes), as added by Chapter 857,
7-25 Acts of the 70th Legislature, Regular Session, 1987, is
7-26 redesignated as Section 8D and amended to read as follows:
7-27 Sec. 8D [8B]. Enforcement by inspector. In addition to
8-1 enforcement by the Board, each plumbing inspector shall [may]
8-2 enforce this Act.
8-3 SECTION 9. Sections 8C(a) and (c), The Plumbing License Law
8-4 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
8-5 read as follows:
8-6 (a) A medical gas piping installation endorsement entitles a
8-7 holder of a master plumber license or journeyman plumber license to
8-8 install pipe used solely to transport gases used for medical
8-9 purposes. A person who holds a medical gas endorsement may inspect
8-10 medical gas piping installations.
8-11 (c) An endorsement under this section is valid for three
8-12 years and may be renewed as provided by Board rule [on or before
8-13 February 1, or as provided by Section 12A of this Act, in the same
8-14 manner as a license renewal under Section 12 of this Act].
8-15 SECTION 10. Sections 9(a), (c), (d), and (e), The Plumbing
8-16 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
8-17 amended to read as follows:
8-18 (a) The Board shall revoke or suspend a license or
8-19 endorsement, probate a license or endorsement suspension, or
8-20 reprimand a licensee for any violations of this Act or rules of the
8-21 Board. A violation of this Act shall include but not be limited
8-22 to: obtaining a license or endorsement through error or fraud;
8-23 having wilfully, negligently or arbitrarily violated municipal
8-24 rules or ordinances regulating sanitation, drainage and plumbing;
8-25 knowingly making a substantial misrepresentation of services to be
8-26 provided or which have been provided; or making any false promise
8-27 with intent to influence, persuade, or induce an individual to
9-1 contract for services. Any person whose license or endorsement has
9-2 been revoked may, after the expiration of one year from the date of
9-3 such revocation, but not before, apply to the Board for a new
9-4 license or endorsement.
9-5 (c) If the Board proposes to refuse a person's application
9-6 for a license or endorsement [licensure] or to suspend or revoke a
9-7 person's license or endorsement, the person is entitled to a
9-8 hearing before the Board. Grounds for suspension or revocation of
9-9 a license or endorsement due to suspected incompetence or willful
9-10 violation by a licensee may be determined through retesting
9-11 procedures.
9-12 (d) Proceedings for the refusal, suspension, or revocation
9-13 of a license or endorsement are governed by the Administrative
9-14 Procedure and Texas Register Act, as amended (Article 6252-13a,
9-15 Vernon's Texas Civil Statutes).
9-16 (e) A person commits an offense if the person knowingly
9-17 violates this Act or a rule adopted under this Act, engages in
9-18 activities for which a license or endorsement is required without a
9-19 license or endorsement issued under this Act, or employs an
9-20 unlicensed or unendorsed person to engage in activities for which a
9-21 license or endorsement is required by this Act. An offense under
9-22 this subsection is a Class C misdemeanor.
9-23 SECTION 11. Section 12, The Plumbing License Law (Article
9-24 6243-101, Vernon's Texas Civil Statutes), is amended to read as
9-25 follows:
9-26 Sec. 12. Licenses; renewals. (a) A license or endorsement
9-27 [Licenses] issued by the Board shall be valid throughout the state,
10-1 but shall not be assignable or transferable. A license [The Board
10-2 shall forward to the local Board of Health, if there be one, of
10-3 each town, or to the other authority having control of the
10-4 enforcement of regulations relative to plumbing in each town, the
10-5 names and addresses of all persons in such town to whom such
10-6 licenses have been granted. Licenses] shall be issued for one year
10-7 and may be renewed annually [on or before February 1st or as
10-8 provided by Section 12A of this Act upon payment of the required
10-9 fee]. The Board may adopt rules under which licenses and
10-10 endorsements expire on various dates throughout the year.
10-11 (b) A person who has complied with the continuing education
10-12 requirement of Section 12B of this Act may renew an unexpired
10-13 license or endorsement by paying the required renewal fee to the
10-14 Board before the expiration date of the license or endorsement.
10-15 (c) A person who has complied with the continuing education
10-16 requirement of Section 12B of this Act and whose license or
10-17 endorsement has been expired for 90 days or less may renew the
10-18 license or endorsement by paying to the Board the required renewal
10-19 fee and a fee that is one-half of the examination fee for the
10-20 license or endorsement.
10-21 (d) A person who has complied with the continuing education
10-22 requirement of Section 12B of this Act and whose license or
10-23 endorsement has been expired for longer than 90 days but less than
10-24 two years may renew the license or endorsement by paying to the
10-25 Board all unpaid renewal fees and a fee that is equal to the
10-26 examination fee for a [the] license.
10-27 (e) If a person's license or endorsement has been expired
11-1 for two years or longer, the person may not renew the license or
11-2 endorsement. The person may obtain a new license or endorsement by
11-3 submitting to reexamination and complying with the requirements and
11-4 procedures for obtaining an original license or endorsement.
11-5 (f) At least 30 days before the expiration of a person's
11-6 license or endorsement, the Board shall send written notice of the
11-7 impending license or endorsement expiration to the person at the
11-8 licensee's last known address according to the records of the
11-9 Board. The licensee shall notify the Board of any change of the
11-10 person's name or address not later than the 30th day after the date
11-11 of the change.
11-12 SECTION 12. Sections 12B(a) and (d), The Plumbing License
11-13 Law (Article 6243-101, Vernon's Texas Civil Statutes), are amended
11-14 to read as follows:
11-15 (a) A person holding a license or endorsement under this Act
11-16 must complete at least six hours of continuing professional
11-17 education each license year. Three of the six hours required must
11-18 be in the subjects of health protection, energy conservation, and
11-19 water conservation.
11-20 (d) A person holding a license or endorsement under this Act
11-21 [who lives in a county having no city with a population in excess
11-22 of 100,000] may fulfill the continuing professional education
11-23 requirement of this section through a correspondence course as
11-24 provided by Board rule.
11-25 SECTION 13. Section 14(a), The Plumbing License Law (Article
11-26 6243-101, Vernon's Texas Civil Statutes), is amended to read as
11-27 follows:
12-1 (a) No person, whether as a master plumber, journeyman
12-2 plumber, or otherwise, shall engage in, work at, or conduct the
12-3 business of plumbing in this state or serve as a plumbing inspector
12-4 as herein defined, except as herein specifically exempted from the
12-5 provisions of this Act, unless such person is the holder of a valid
12-6 license or endorsement as provided for by this Act. It shall be
12-7 unlawful for any person, firm, or corporation to engage in or work
12-8 at the business of installing plumbing and doing plumbing work
12-9 except as specifically herein provided unless such installation of
12-10 plumbing or plumbing work be under the active supervision and
12-11 control of a plumber licensed under this Act. A license holder may
12-12 not act as a water supply protection specialist unless the license
12-13 holder has the appropriate license endorsement under Section 11A or
12-14 11B of this Act.
12-15 SECTION 14. Section 15, The Plumbing License Law (Article
12-16 6243-101, Vernon's Texas Civil Statutes), is amended by adding
12-17 Subsections (d), (e), and (f) to read as follows:
12-18 (d) A person holding a master plumber's license may not act
12-19 as a master plumber unless the master plumber has submitted to the
12-20 Board a certificate of insurance that meets the requirements of
12-21 Subsection (c) of this section.
12-22 (e) A municipality having boundaries that overlap the
12-23 boundaries of a municipal utility district is the controlling
12-24 jurisdiction and is the only entity that may perform required
12-25 plumbing inspections in an area located in both the municipality
12-26 and the municipal utility district. A municipal utility district
12-27 may perform its own inspection under this subsection if the
13-1 inspection performed by the municipality responsible for conducting
13-2 an inspection is not performed by a state-licensed plumbing
13-3 inspector or if the municipal utility district has inspection
13-4 standards that are stricter than the municipality's standards.
13-5 (f) A municipality or municipal utility district performing
13-6 a plumbing inspection in an area in which the boundaries of those
13-7 entities overlap may only collect an inspection permit fee if the
13-8 entity is entitled to perform the inspection under Subsection (e)
13-9 of this section.
13-10 SECTION 15. Section 12A, The Plumbing License Law (Article
13-11 6243-101, Vernon's Texas Civil Statutes), is repealed.
13-12 SECTION 16. (a) Except as otherwise provided by this
13-13 section, this Act takes effect September 1, 1997.
13-14 (b) The Texas State Board of Plumbing Examiners shall adopt
13-15 rules under Section 5(d), The Plumbing License Law (Article
13-16 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
13-17 and rules that implement the continuing education programs required
13-18 by Section 12B, The Plumbing License Law (Article 6243-101,
13-19 Vernon's Texas Civil Statutes), as amended by this Act, not later
13-20 than February 1, 1998.
13-21 (c) A person performing plumbing services who must obtain a
13-22 license because of the changes made by this Act to Section 3, The
13-23 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
13-24 Statutes), is not required to obtain a master or journeyman plumber
13-25 license to perform those functions until February 1, 1998.
13-26 (d) A master plumber who holds a license on the effective
13-27 date of this Act is not required to obtain a certificate of
14-1 insurance under Section 15(d), The Plumbing License Law (Article
14-2 6243-101, Vernon's Texas Civil Statutes), as added by this Act,
14-3 until February 1, 1998.
14-4 SECTION 17. The importance of this legislation and the
14-5 crowded condition of the calendars in both houses create an
14-6 emergency and an imperative public necessity that the
14-7 constitutional rule requiring bills to be read on three several
14-8 days in each house be suspended, and this rule is hereby suspended.