By: Brown S.B. No. 805
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of the practice of plumbing; providing
1-2 penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivisions (1), (2), and (5), Section 2, The
1-5 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
1-6 Statutes), are amended 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
2-1 in and about buildings where a person or persons live, work or
2-2 assemble, for a supply of gas, medical gases and vacuum, water,
2-3 liquids, or any combination thereof, or disposal of waste water or
2-4 sewage.
2-5 (2) "Master Plumber" means a person who is skilled in
2-6 the planning, superintending, and the practical installation,
2-7 repair, and service of plumbing, who secures permits for plumbing
2-8 work, who [and] is knowledgeable of [familiar with] the codes,
2-9 ordinances, or rules and regulations governing those matters, who
2-10 alone, or through a person or persons under his supervision,
2-11 performs plumbing work, and who has successfully fulfilled the
2-12 examinations and requirements of the Board.
2-13 (5) "Plumbing Inspector" means any person who is
2-14 employed by a political subdivision for the purpose of inspecting
2-15 plumbing work and installations in connection with health and
2-16 safety laws, [and] ordinances, and plumbing and gas codes, who has
2-17 no financial or advisory interests in any plumbing company, and who
2-18 has successfully fulfilled the examinations and requirements of the
2-19 Board.
2-20 SECTION 2. Section 3, The Plumbing License Law (Article
2-21 6243-101, Vernon's Texas Civil Statutes), is amended to read as
2-22 follows:
2-23 Sec. 3. Acts permitted without a license. The following
2-24 acts, work and conduct shall be expressly permitted without
2-25 license:
3-1 (a) Plumbing work done by a property owner in a
3-2 building owned or occupied by him as his homestead;
3-3 (b) Plumbing work done on a single family residential
3-4 property not connected to a public water system and located outside
3-5 the municipal limits of any organized city, town or village in this
3-6 state, or within any such city, town or village of less than one
3-7 thousand (1,000) [five thousand (5,000)] inhabitants, unless
3-8 required by ordinance in such city, town or village of less than
3-9 one thousand (1,000) [five thousand (5,000)] inhabitants;
3-10 (c) Plumbing work done by anyone who is regularly
3-11 employed as or acting as a maintenance man or maintenance engineer,
3-12 incidental to and in connection with the business in which he is
3-13 employed or engaged, and who does not engage in the occupation of a
3-14 plumber for the general public; construction, installation and
3-15 maintenance work done upon the premises or equipment of a railroad
3-16 by an employee thereof who does not engage in the occupation of a
3-17 plumber for the general public; and plumbing work done by persons
3-18 engaged by any public service company in the laying, maintenance
3-19 and operation of its service mains or lines to the point of
3-20 measurement and the installation, alteration, adjustment, repair,
3-21 removal and renovation of all types of appurtenances, equipment and
3-22 appliances, including doing all that is necessary to render the
3-23 appliances useable or serviceable; appliance installation and
3-24 service work done by anyone who is an appliance dealer or who is
3-25 employed by an appliance dealer, and acting as an appliance
4-1 installation man or appliance service man in connecting appliances
4-2 to existing openings with a code-approved appliance connector
4-3 [piping installations]; and water treatment installations,
4-4 exchanges, services, or repairs. Provided, however, that all work
4-5 and service herein named or referred to shall be subject to
4-6 inspection and approval in accordance with the terms of all state
4-7 laws and local valid city or municipal ordinances;
4-8 (d) Plumbing work done by a licensed irrigator or
4-9 licensed installer when working and licensed under Chapter 197,
4-10 Acts of the 66th Legislature, Regular Session, 1979 (Article 8751,
4-11 Vernon's Texas Civil Statutes). A person holding a valid license
4-12 from the Texas State Board of Plumbing Examiners shall not be
4-13 required to be licensed by any other board or agency when
4-14 installing or working on a lawn irrigation system;
4-15 (e) LPG system [Plumbing] work done by an LP Gas
4-16 installer when working and licensed under Chapter 113, Natural
4-17 Resources Code, as amended;
4-18 (f) Water well drilling work done by a well driller
4-19 who is licensed under Chapter 32, Water Code.
4-20 SECTION 3. Subsection (a), Section 3A, The Plumbing License
4-21 Law (Article 6243-101, Vernon's Texas Civil Statutes), is amended
4-22 to read as follows:
4-23 (a) The Commissioner of Health or his designee shall certify
4-24 persons as being qualified for the installation, exchange,
4-25 servicing, and repair of residential water treatment facilities [as
5-1 defined by Subsection (g) of Section 2 of this Act]. The Texas
5-2 Board of Health shall set standards for certification to ensure the
5-3 public health and to protect the public from unqualified persons
5-4 engaging in activities relating to water treatment. Nothing in
5-5 this section shall be construed to require that persons licensed
5-6 pursuant to this Act are subject to certification under this
5-7 section.
5-8 SECTION 4. Subsection (a), Section 4, The Plumbing License
5-9 Law (Article 6243-101, Vernon's Texas Civil Statutes), is amended
5-10 to read as follows:
5-11 (a) The Texas State Board of Plumbing Examiners shall
5-12 consist of nine members, each of whom shall be a citizen of the
5-13 United States and a resident of this state. Members of the Board
5-14 and their successors shall be appointed by the Governor and
5-15 confirmed by the Senate, and shall hold office for terms of six
5-16 years, or until their successors are appointed and have qualified.
5-17 Appointments to the Board shall be made without regard to the race,
5-18 creed, sex, religion, or national origin of the appointees. One
5-19 member of the Board shall have had at least ten years practical
5-20 experience as a master plumber, one member shall have had at least
5-21 five years practical experience as a journeyman plumber, one member
5-22 shall be a plumbing contractor with five years experience, one
5-23 member shall be a licensed professional [sanitary] engineer
5-24 knowledgeable in the practice of plumbing engineering and design,
5-25 two members shall be building contractors with five years
6-1 contracting experience (one of whom shall be principally engaged in
6-2 home building and one of whom shall be principally engaged in
6-3 commercial building), and one member shall have had at least five
6-4 years practical experience as a plumbing inspector. Two members
6-5 must be representatives of the general public. A person is not
6-6 eligible for appointment as a public member if the person or the
6-7 person's spouse:
6-8 (1) is licensed by an occupational regulatory agency
6-9 in the building construction industry;
6-10 (2) is employed by or participates in the management
6-11 of an agency or business entity related to the building
6-12 construction industry; or
6-13 (3) has, other than as a consumer, a financial
6-14 interest in a business entity related to the building construction
6-15 industry.
6-16 SECTION 5. Subsections (a) and (d), Section 5, The Plumbing
6-17 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
6-18 amended to read as follows:
6-19 (a) The Board shall administer the provisions of this Act.
6-20 The Board shall formally elect a chairman and a secretary from its
6-21 members and may adopt such rules as it deems necessary for the
6-22 orderly conduct and enforcement of its affairs. The Board is
6-23 hereby authorized and empowered to employ, promote and discharge
6-24 such assistants and employees as it may deem necessary to properly
6-25 carry out the intent and purpose of this Act, and to fix and pay
7-1 their compensation and salaries and to provide for their duties and
7-2 the terms of their employment. A majority of the Board shall
7-3 constitute a quorum for the transaction of business. The Board
7-4 shall have a seal which shall be judicially noticed. The Board
7-5 shall keep records of all proceedings and actions by and before the
7-6 Board. The Board is hereby authorized, empowered and directed to
7-7 prescribe, amend and enforce all rules and regulations necessary to
7-8 carry out this Act. The Board shall appoint an employee or
7-9 employees thereof, with the power of removal, as a plumbing
7-10 examiner or examiners, whose duties shall be to examine, as to
7-11 their fitness and qualifications, all persons applying to the Board
7-12 for licenses to engage in the business, trade or calling of a
7-13 master plumber or a journeyman plumber or to serve as a plumbing
7-14 inspector, and to promptly certify the result thereof to said State
7-15 Board of Plumbing Examiners. The Board by rule may require
7-16 plumbers' apprentices to register with the Board.
7-17 (d) The Board shall [may] recognize, prepare, or implement
7-18 continuing education programs for licensees and endorsees.
7-19 [Participation in the programs is voluntary.]
7-20 SECTION 6. Section 8, The Plumbing License Law (Article
7-21 6243-101, Vernon's Texas Civil Statutes), is amended by adding
7-22 Subsection (e) to read as follows:
7-23 (e) A license holder whose license was eligible for renewal
7-24 when the license holder retired and who is not actively engaged in
7-25 the business of plumbing may apply for retired status. The Board
8-1 by rule shall adopt procedures and requirements for placing a
8-2 license on retired status. A license holder on retired status is
8-3 not required to complete continuing education while the person is
8-4 on retired status.
8-5 SECTION 7. Subsection (e), Section 8A, The Plumbing License
8-6 Law (Article 6243-101, Vernon's Texas Civil Statutes), is amended
8-7 to read as follows:
8-8 (e) Each written contract for plumbing services in this
8-9 state [of a licensed plumber] shall contain the name, mailing
8-10 address, and telephone number of the Board.
8-11 SECTION 8. Section 8B, The Plumbing License Law (Article
8-12 6243-101, Vernon's Texas Civil Statutes), as added by Chapter 857,
8-13 Acts of the 70th Legislature, Regular Session, 1987, is
8-14 redesignated as Section 8D and amended to read as follows:
8-15 Sec. 8D [8B]. ENFORCEMENT BY INSPECTOR. In addition to
8-16 enforcement by the Board, each plumbing inspector shall [may]
8-17 enforce this Act. This section does not require a municipality to
8-18 deploy inspectors to enforce this Act other than to require a
8-19 municipality to issue permits only to master plumbers.
8-20 SECTION 9. Subsections (a) and (c), Section 8C, The Plumbing
8-21 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
8-22 amended to read as follows:
8-23 (a) A medical gas piping installation endorsement entitles a
8-24 holder of a master plumber license or journeyman plumber license to
8-25 install pipe used solely to transport gases used for medical
9-1 purposes. A person who holds a medical gas endorsement may inspect
9-2 medical gas piping installations.
9-3 (c) An endorsement under this section is valid for three
9-4 years and may be renewed as provided by Board rule [on or before
9-5 February 1, or as provided by Section 12A of this Act, in the same
9-6 manner as a license renewal under Section 12 of this Act].
9-7 SECTION 10. Subsections (a), (c), (d), and (e), Section 9,
9-8 The Plumbing License Law (Article 6243-101, Vernon's Texas Civil
9-9 Statutes), are amended to read as follows:
9-10 (a) The Board shall revoke or suspend a license or
9-11 endorsement, probate a license or endorsement suspension, or
9-12 reprimand a licensee for any violations of this Act or rules of the
9-13 Board. A violation of this Act shall include but not be limited
9-14 to: obtaining a license or endorsement through error or fraud;
9-15 having wilfully, negligently or arbitrarily violated municipal
9-16 rules or ordinances regulating sanitation, drainage and plumbing;
9-17 knowingly making a substantial misrepresentation of services to be
9-18 provided or which have been provided; or making any false promise
9-19 with intent to influence, persuade, or induce an individual to
9-20 contract for services. Any person whose license or endorsement has
9-21 been revoked may, after the expiration of one year from the date of
9-22 such revocation, but not before, apply to the Board for a new
9-23 license or endorsement.
9-24 (c) If the Board proposes to refuse a person's application
9-25 for a license or endorsement [licensure] or to suspend or revoke a
10-1 person's license or endorsement, the person is entitled to a
10-2 hearing before the Board. Grounds for suspension or revocation of
10-3 a license or endorsement due to suspected incompetence or wilful
10-4 violation by a licensee may be determined through retesting
10-5 procedures.
10-6 (d) Proceedings for the refusal, suspension, or revocation
10-7 of a license or endorsement are governed by the Administrative
10-8 Procedure and Texas Register Act, as amended (Article 6252-13a,
10-9 Vernon's Texas Civil Statutes).
10-10 (e) A person commits an offense if the person knowingly
10-11 violates this Act or a rule adopted under this Act, engages in
10-12 activities for which a license or endorsement is required without a
10-13 license or endorsement issued under this Act, or employs an
10-14 unlicensed or unendorsed person to engage in activities for which a
10-15 license or endorsement is required by this Act. An offense under
10-16 this subsection is a Class C misdemeanor.
10-17 SECTION 11. Section 12, The Plumbing License Law (Article
10-18 6243-101, Vernon's Texas Civil Statutes), is amended to read as
10-19 follows:
10-20 Sec. 12. Licenses; renewals. (a) A license or endorsement
10-21 [Licenses] issued by the Board shall be valid throughout the state,
10-22 but shall not be assignable or transferable. A license [The Board
10-23 shall forward to the local Board of Health, if there be one, of
10-24 each town, or to the other authority having control of the
10-25 enforcement of regulations relative to plumbing in each town, the
11-1 names and addresses of all persons in such town to whom such
11-2 licenses have been granted. Licenses] shall be issued for one year
11-3 and may be renewed annually [on or before February 1st or as
11-4 provided by Section 12A of this Act upon payment of the required
11-5 fee]. The Board may adopt rules under which licenses and
11-6 endorsements expire on various dates throughout the year.
11-7 (b) A person who has complied with the continuing education
11-8 requirement of Section 12B of this Act may renew an unexpired
11-9 license or endorsement by paying the required renewal fee to the
11-10 Board before the expiration date of the license or endorsement.
11-11 (c) A person who has complied with the continuing education
11-12 requirement of Section 12B of this Act and whose license or
11-13 endorsement has been expired for 90 days or less may renew the
11-14 license or endorsement by paying to the Board the required renewal
11-15 fee and a fee that is one-half of the examination fee for the
11-16 license or endorsement.
11-17 (d) A person who has complied with the continuing education
11-18 requirement of Section 12B of this Act and whose license or
11-19 endorsement has been expired for longer than 90 days but less than
11-20 two years may renew the license or endorsement by paying to the
11-21 Board all unpaid renewal fees and a fee that is equal to the
11-22 examination fee for a [the] license.
11-23 (e) If a person's license or endorsement has been expired
11-24 for two years or longer, the person may not renew the license or
11-25 endorsement. The person may obtain a new license or endorsement by
12-1 submitting to reexamination and complying with the requirements and
12-2 procedures for obtaining an original license or endorsement.
12-3 (f) At least 30 days before the expiration of a person's
12-4 license or endorsement, the Board shall send written notice of the
12-5 impending license or endorsement expiration to the person at the
12-6 licensee's last known address according to the records of the
12-7 Board. The licensee shall notify the Board of any change of the
12-8 person's name or address not later than the 30th day after the date
12-9 of the change.
12-10 SECTION 12. Subsections (a) and (d), Section 12B, The
12-11 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
12-12 Statutes), are amended to read as follows:
12-13 (a) A person holding a license or endorsement under this Act
12-14 must complete at least six hours of continuing professional
12-15 education each license year. Three of the six hours required must
12-16 be in the subjects of health protection, energy conservation, and
12-17 water conservation.
12-18 (d) A person holding a license or endorsement under this Act
12-19 [who lives in a county having no city with a population in excess
12-20 of 100,000] may fulfill the continuing professional education
12-21 requirement of this section through a correspondence course as
12-22 provided by Board rule.
12-23 SECTION 13. Subsection (a), Section 14, The Plumbing License
12-24 Law (Article 6243-101, Vernon's Texas Civil Statutes), is amended
12-25 to read as follows:
13-1 (a) No person, whether as a master plumber, journeyman
13-2 plumber, or otherwise, shall engage in, work at, or conduct the
13-3 business of plumbing in this state or serve as a plumbing inspector
13-4 as herein defined, except as herein specifically exempted from the
13-5 provisions of this Act, unless such person is the holder of a valid
13-6 license or endorsement as provided for by this Act. It shall be
13-7 unlawful for any person, firm, or corporation to engage in or work
13-8 at the business of installing plumbing and doing plumbing work
13-9 except as specifically herein provided unless such installation of
13-10 plumbing or plumbing work be under the active supervision and
13-11 control of a plumber licensed under this Act. A license holder may
13-12 not act as a water supply protection specialist unless the license
13-13 holder has the appropriate license endorsement under Section 11A or
13-14 11B of this Act.
13-15 SECTION 14. Section 15, The Plumbing License Law (Article
13-16 6243-101, Vernon's Texas Civil Statutes), is amended by adding
13-17 Subsections (d), (e), and (f) to read as follows:
13-18 (d) A person holding a master plumber's license may not act
13-19 as a master plumber unless the master plumber has submitted to the
13-20 Board a certificate of insurance that meets the requirements of
13-21 Subsection (c) of this section.
13-22 (e) A municipal utility district having boundaries that
13-23 overlap the boundaries of a municipality is the controlling
13-24 jurisdiction and is the only entity that may perform required
13-25 plumbing inspections in an area located in both the municipal
14-1 utility district and the municipality. A municipality may perform
14-2 its own inspection under this subsection if the inspection
14-3 performed by the municipal utility district responsible for
14-4 conducting the inspection is not performed by a state-licensed
14-5 plumbing inspector or if the municipality has inspection standards
14-6 that are stricter than the municipal utility district's standards.
14-7 (f) A municipal utility district or municipality performing
14-8 a plumbing inspection in an area in which the boundaries of those
14-9 entities overlap may only collect an inspection permit fee if the
14-10 entity is entitled to perform the inspection under Subsection (e)
14-11 of this section.
14-12 SECTION 15. Section 12A, The Plumbing License Law (Article
14-13 6243-101, Vernon's Texas Civil Statutes), is repealed.
14-14 SECTION 16. (a) Except as otherwise provided by this
14-15 section, this Act takes effect September 1, 1997.
14-16 (b) The Texas State Board of Plumbing Examiners shall adopt
14-17 rules under Subsection (d), Section 5, The Plumbing License Law
14-18 (Article 6243-101, Vernon's Texas Civil Statutes), as amended by
14-19 this Act, and rules that implement the continuing education
14-20 programs required by Section 12B, The Plumbing License Law (Article
14-21 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
14-22 not later than February 1, 1998.
14-23 (c) A person performing plumbing services who must obtain a
14-24 license because of the changes made by this Act to Section 3, The
14-25 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
15-1 Statutes), is not required to obtain a master or journeyman plumber
15-2 license to perform those functions until February 1, 1998.
15-3 (d) A master plumber who holds a license on the effective
15-4 date of this Act is not required to obtain a certificate of
15-5 insurance under Subsection (d), Section 15, The Plumbing License
15-6 Law (Article 6243-101, Vernon's Texas Civil Statutes), as added by
15-7 this Act, until February 1, 1998.
15-8 SECTION 17. The importance of this legislation and the
15-9 crowded condition of the calendars in both houses create an
15-10 emergency and an imperative public necessity that the
15-11 constitutional rule requiring bills to be read on three several
15-12 days in each house be suspended, and this rule is hereby suspended.