75R12990 BEM-F
By Brown S.B. No. 805
Substitute the following for S.B. No. 805:
By Yarbrough C.S.S.B. No. 805
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of plumbing; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 2(1), (2), and (5), The Plumbing
1-6 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
1-7 amended to read as follows:
1-8 (1) "Plumbing" means:
1-9 (A) All piping, fixtures, appurtenances and
1-10 appliances for supply or recirculation of water, gas, medical gases
1-11 and vacuum, liquids, and drainage or elimination of sewage,
1-12 including disposal systems or any combination thereof, for all
1-13 personal or domestic purposes in and about buildings where a person
1-14 or persons live, work or assemble; all piping, fixtures,
1-15 appurtenances and appliances outside a building connecting the
1-16 building with the source of water, gas, medical gases and vacuum,
1-17 or other liquid supply, or combinations thereof, on the premises,
1-18 or the main in the street, alley or at the curb; all piping,
1-19 fixtures, appurtenances, appliances, drain or waste pipes carrying
1-20 waste water or sewage from or within a building to the sewer
1-21 service lateral at the curb or in the street or alley or other
1-22 disposal or septic terminal holding private or domestic sewage; or
1-23 (B) the installation, repair, service, and
1-24 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:
2-26 (a) Plumbing work done by a property owner in a
2-27 building owned or occupied by him as his homestead;
3-1 (b) Plumbing work done on a single family residential
3-2 property not connected to a public water system and located outside
3-3 the municipal limits of any organized city, town or village in this
3-4 state[, or within any such city, town or village of less than five
3-5 thousand (5,000) inhabitants, unless required by ordinance in such
3-6 city, town or village of less than five thousand (5,000)
3-7 inhabitants];
3-8 (c) Plumbing work done by anyone who is regularly
3-9 employed as or acting as a maintenance man or maintenance engineer,
3-10 incidental to and in connection with the business in which he is
3-11 employed or engaged, and who does not engage in the occupation of a
3-12 plumber for the general public; construction, installation and
3-13 maintenance work done upon the premises or equipment of a railroad
3-14 by an employee thereof who does not engage in the occupation of a
3-15 plumber for the general public; and plumbing work done by persons
3-16 engaged by any public service company in the laying, maintenance
3-17 and operation of its service mains or lines to the point of
3-18 measurement and the installation, alteration, adjustment, repair,
3-19 removal and renovation of all types of appurtenances, equipment and
3-20 appliances, including doing all that is necessary to render the
3-21 appliances useable or serviceable; appliance installation and
3-22 service work done by anyone who is an appliance dealer or who is
3-23 employed by an appliance dealer, and acting as an appliance
3-24 installation man or appliance service man in connecting appliances
3-25 to existing openings with a code-approved appliance connector
3-26 [piping installations]; and water treatment installations,
3-27 exchanges, services, or repairs. Provided, however, that all work
4-1 and service herein named or referred to shall be subject to
4-2 inspection and approval in accordance with the terms of all state
4-3 laws and local valid city or municipal ordinances;
4-4 (d) Plumbing work done by a licensed irrigator or
4-5 licensed installer when working and licensed under Chapter 197,
4-6 Acts of the 66th Legislature, Regular Session, 1979 (Article 8751,
4-7 Vernon's Texas Civil Statutes). A person holding a valid license
4-8 from the Texas State Board of Plumbing Examiners shall not be
4-9 required to be licensed by any other board or agency when
4-10 installing or working on a lawn irrigation system;
4-11 (e) LPG system [Plumbing] work done by an LP Gas
4-12 installer when working and licensed under Chapter 113, Natural
4-13 Resources Code, as amended;
4-14 (f) Water well drilling work done by a well driller
4-15 who is licensed under Chapter 32, Water Code.
4-16 SECTION 3. Section 3A(a), The Plumbing License Law (Article
4-17 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-18 follows:
4-19 (a) The Commissioner of Health or his designee shall certify
4-20 persons as being qualified for the installation, exchange,
4-21 servicing, and repair of residential water treatment facilities [as
4-22 defined by Subsection (g) of Section 2 of this Act]. The Texas
4-23 Board of Health shall set standards for certification to ensure the
4-24 public health and to protect the public from unqualified persons
4-25 engaging in activities relating to water treatment. Nothing in
4-26 this section shall be construed to require that persons licensed
4-27 pursuant to this Act are subject to certification under this
5-1 section.
5-2 SECTION 4. Section 4(a), The Plumbing License Law (Article
5-3 6243-101, Vernon's Texas Civil Statutes), is amended to read as
5-4 follows:
5-5 (a) The Texas State Board of Plumbing Examiners shall
5-6 consist of nine members, each of whom shall be a citizen of the
5-7 United States and a resident of this state. Members of the Board
5-8 and their successors shall be appointed by the Governor and
5-9 confirmed by the Senate, and shall hold office for terms of six
5-10 years, or until their successors are appointed and have qualified.
5-11 Appointments to the Board shall be made without regard to the race,
5-12 creed, sex, religion, or national origin of the appointees. One
5-13 member of the Board shall have had at least ten years practical
5-14 experience as a master plumber, one member shall have had at least
5-15 five years practical experience as a journeyman plumber, one member
5-16 shall be a plumbing contractor with five years experience, one
5-17 member shall be a licensed professional [sanitary] engineer
5-18 knowledgeable in the practice of plumbing engineering and design,
5-19 two members shall be building contractors with five years
5-20 contracting experience (one of whom shall be principally engaged in
5-21 home building and one of whom shall be principally engaged in
5-22 commercial building), and one member shall have had at least five
5-23 years practical experience as a plumbing inspector. Two members
5-24 must be representatives of the general public. A person is not
5-25 eligible for appointment as a public member if the person or the
5-26 person's spouse:
5-27 (1) is licensed by an occupational regulatory agency
6-1 in the building construction industry;
6-2 (2) is employed by or participates in the management
6-3 of an agency or business entity related to the building
6-4 construction industry; or
6-5 (3) has, other than as a consumer, a financial
6-6 interest in a business entity related to the building construction
6-7 industry.
6-8 SECTION 5. Sections 5(a) and (d), The Plumbing License Law
6-9 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
6-10 read as follows:
6-11 (a) The Board shall administer the provisions of this Act.
6-12 The Board shall formally elect a chairman and a secretary from its
6-13 members and may adopt such rules as it deems necessary for the
6-14 orderly conduct and enforcement of its affairs. The Board is
6-15 hereby authorized and empowered to employ, promote and discharge
6-16 such assistants and employees as it may deem necessary to properly
6-17 carry out the intent and purpose of this Act, and to fix and pay
6-18 their compensation and salaries and to provide for their duties and
6-19 the terms of their employment. A majority of the Board shall
6-20 constitute a quorum for the transaction of business. The Board
6-21 shall have a seal which shall be judicially noticed. The Board
6-22 shall keep records of all proceedings and actions by and before the
6-23 Board. The Board is hereby authorized, empowered and directed to
6-24 prescribe, amend and enforce all rules and regulations necessary to
6-25 carry out this Act. The Board shall appoint an employee or
6-26 employees thereof, with the power of removal, as a plumbing
6-27 examiner or examiners, whose duties shall be to examine, as to
7-1 their fitness and qualifications, all persons applying to the Board
7-2 for licenses to engage in the business, trade or calling of a
7-3 master plumber or a journeyman plumber or to serve as a plumbing
7-4 inspector, and to promptly certify the result thereof to said State
7-5 Board of Plumbing Examiners. The Board by rule may require
7-6 plumbers' apprentices to register with the Board.
7-7 (d) The Board shall [may] recognize, prepare, or implement
7-8 continuing education programs for licensees and endorsees.
7-9 [Participation in the programs is voluntary.]
7-10 SECTION 6. Section 8, The Plumbing License Law (Article
7-11 6243-101, Vernon's Texas Civil Statutes), is amended by adding
7-12 Subsection (e) to read as follows:
7-13 (e) A license holder whose license was eligible for renewal
7-14 when the license holder retired and who is not actively engaged in
7-15 the business of plumbing may apply for retired status. The Board
7-16 by rule shall adopt procedures and requirements for placing a
7-17 license on retired status. A license holder on retired status is
7-18 not required to complete continuing education while the person is
7-19 on retired status.
7-20 SECTION 7. Section 8A(e), The Plumbing License Law (Article
7-21 6243-101, Vernon's Texas Civil Statutes), is amended to read as
7-22 follows:
7-23 (e) Each written contract for plumbing services in this
7-24 state [of a licensed plumber] shall contain the name, mailing
7-25 address, and telephone number of the Board.
7-26 SECTION 8. Sections 8C(a) and (c), The Plumbing License Law
7-27 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
8-1 read as follows:
8-2 (a) A medical gas piping installation endorsement entitles a
8-3 holder of a master plumber license or journeyman plumber license to
8-4 install pipe used solely to transport gases used for medical
8-5 purposes. A plumbing inspector who holds a medical gas endorsement
8-6 may inspect medical gas piping installations.
8-7 (c) An endorsement under this section is valid for three
8-8 years and may be renewed as provided by Board rule [on or before
8-9 February 1, or as provided by Section 12A of this Act, in the same
8-10 manner as a license renewal under Section 12 of this Act].
8-11 SECTION 9. Sections 9(a), (c), (d), and (e), The Plumbing
8-12 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
8-13 amended to read as follows:
8-14 (a) The Board shall revoke or suspend a license or
8-15 endorsement, probate a license or endorsement suspension, or
8-16 reprimand a licensee for any violations of this Act or rules of the
8-17 Board. A violation of this Act shall include but not be limited
8-18 to: obtaining a license or endorsement through error or fraud;
8-19 having wilfully, negligently or arbitrarily violated municipal
8-20 rules or ordinances regulating sanitation, drainage and plumbing;
8-21 knowingly making a substantial misrepresentation of services to be
8-22 provided or which have been provided; or making any false promise
8-23 with intent to influence, persuade, or induce an individual to
8-24 contract for services. Any person whose license or endorsement has
8-25 been revoked may, after the expiration of one year from the date of
8-26 such revocation, but not before, apply to the Board for a new
8-27 license or endorsement.
9-1 (c) If the Board proposes to refuse a person's application
9-2 for a license or endorsement [licensure] or to suspend or revoke a
9-3 person's license or endorsement, the person is entitled to a
9-4 hearing before the Board. Grounds for suspension or revocation of
9-5 a license or endorsement due to suspected incompetence or wilful
9-6 violation by a licensee may be determined through retesting
9-7 procedures.
9-8 (d) Proceedings for the refusal, suspension, or revocation
9-9 of a license or endorsement are governed by the Administrative
9-10 Procedure and Texas Register Act, as amended (Article 6252-13a,
9-11 Vernon's Texas Civil Statutes).
9-12 (e) A person commits an offense if the person knowingly
9-13 violates this Act or a rule adopted under this Act, engages in
9-14 activities for which a license or endorsement is required without a
9-15 license or endorsement issued under this Act, or employs an
9-16 unlicensed or unendorsed person to engage in activities for which a
9-17 license or endorsement is required by this Act. An offense under
9-18 this subsection is a Class C misdemeanor.
9-19 SECTION 10. Section 12, The Plumbing License Law (Article
9-20 6243-101, Vernon's Texas Civil Statutes), is amended to read as
9-21 follows:
9-22 Sec. 12. Licenses; renewals. (a) A license or endorsement
9-23 [Licenses] issued by the Board shall be valid throughout the state,
9-24 but shall not be assignable or transferable. A license [The Board
9-25 shall forward to the local Board of Health, if there be one, of
9-26 each town, or to the other authority having control of the
9-27 enforcement of regulations relative to plumbing in each town, the
10-1 names and addresses of all persons in such town to whom such
10-2 licenses have been granted. Licenses] shall be issued for one year
10-3 and may be renewed annually [on or before February 1st or as
10-4 provided by Section 12A of this Act upon payment of the required
10-5 fee]. The Board may adopt rules under which licenses and
10-6 endorsements expire on various dates throughout the year.
10-7 (b) A person who has complied with the continuing education
10-8 requirement of Section 12B of this Act may renew an unexpired
10-9 license or endorsement by paying the required renewal fee to the
10-10 Board before the expiration date of the license or endorsement.
10-11 (c) A person who has complied with the continuing education
10-12 requirement of Section 12B of this Act and whose license or
10-13 endorsement has been expired for 90 days or less may renew the
10-14 license or endorsement by paying to the Board the required renewal
10-15 fee and a fee that is one-half of the examination fee for the
10-16 license or endorsement.
10-17 (d) A person who has complied with the continuing education
10-18 requirement of Section 12B of this Act and whose license or
10-19 endorsement has been expired for longer than 90 days but less than
10-20 two years may renew the license or endorsement by paying to the
10-21 Board all unpaid renewal fees and a fee that is equal to the
10-22 examination fee for a [the] license.
10-23 (e) If a person's license or endorsement has been expired
10-24 for two years or longer, the person may not renew the license or
10-25 endorsement. The person may obtain a new license or endorsement by
10-26 submitting to reexamination and complying with the requirements and
10-27 procedures for obtaining an original license or endorsement.
11-1 (f) At least 30 days before the expiration of a person's
11-2 license or endorsement, the Board shall send written notice of the
11-3 impending license or endorsement expiration to the person at the
11-4 licensee's last known address according to the records of the
11-5 Board. The licensee shall notify the Board of any change of the
11-6 person's name or address not later than the 30th day after the date
11-7 of the change.
11-8 SECTION 11. Sections 12B(a) and (d), The Plumbing License
11-9 Law (Article 6243-101, Vernon's Texas Civil Statutes), are amended
11-10 to read as follows:
11-11 (a) A person holding a license or endorsement under this Act
11-12 must complete at least six hours of continuing professional
11-13 education each license year. Three of the six hours required must
11-14 be in the subjects of health protection, energy conservation, and
11-15 water conservation.
11-16 (d) A person holding a license or endorsement under this Act
11-17 [who lives in a county having no city with a population in excess
11-18 of 100,000] may fulfill the continuing professional education
11-19 requirement of this section through a correspondence course as
11-20 provided by Board rule.
11-21 SECTION 12. Section 14(a), The Plumbing License Law
11-22 (Article 6243-101, Vernon's Texas Civil Statutes), is amended to
11-23 read as follows:
11-24 (a) No person, whether as a master plumber, journeyman
11-25 plumber, or otherwise, shall engage in, work at, or conduct the
11-26 business of plumbing in this state or serve as a plumbing inspector
11-27 as herein defined, except as herein specifically exempted from the
12-1 provisions of this Act, unless such person is the holder of a valid
12-2 license or endorsement as provided for by this Act. It shall be
12-3 unlawful for any person, firm, or corporation to engage in or work
12-4 at the business of installing plumbing and doing plumbing work
12-5 except as specifically herein provided unless such installation of
12-6 plumbing or plumbing work be under the active supervision and
12-7 control of a plumber licensed under this Act. A license holder may
12-8 not act as a water supply protection specialist unless the license
12-9 holder has the appropriate license endorsement under Section 11A or
12-10 11B of this Act.
12-11 SECTION 13. Section 15, The Plumbing License Law (Article
12-12 6243-101, Vernon's Texas Civil Statutes), is amended by adding
12-13 Subsections (d), (e), and (f) to read as follows:
12-14 (d) A person holding a master plumber's license may not act
12-15 as a master plumber unless the master plumber has submitted to the
12-16 Board a certificate of insurance that meets the requirements of
12-17 Subsection (c) of this section.
12-18 (e) A municipal utility district having boundaries that
12-19 overlap the boundaries of a municipality is the controlling
12-20 jurisdiction and is the only entity that may perform required
12-21 plumbing inspections in an area located in both the municipal
12-22 utility district and the municipality. A municipality may perform
12-23 its own inspection under this subsection if the inspection
12-24 performed by the municipal utility district responsible for
12-25 conducting the inspection is not performed by a state-licensed
12-26 plumbing inspector or if the municipality has inspection standards
12-27 that are stricter than the municipal utility district's standards.
13-1 (f) A municipal utility district or municipality performing
13-2 a plumbing inspection in an area in which the boundaries of those
13-3 entities overlap may only collect an inspection permit fee if the
13-4 entity is entitled to perform the inspection under Subsection (e)
13-5 of this section.
13-6 SECTION 14. Section 12A, The Plumbing License Law (Article
13-7 6243-101, Vernon's Texas Civil Statutes), is repealed.
13-8 SECTION 15. (a) Except as otherwise provided by this
13-9 section, this Act takes effect September 1, 1997.
13-10 (b) The Texas State Board of Plumbing Examiners shall adopt
13-11 rules under Section 5(d), The Plumbing License Law (Article
13-12 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
13-13 and rules that implement the continuing education programs required
13-14 by Section 12B, The Plumbing License Law (Article 6243-101,
13-15 Vernon's Texas Civil Statutes), as amended by this Act, not later
13-16 than February 1, 1998.
13-17 (c) A person performing plumbing services who must obtain a
13-18 license because of the changes made by this Act to Section 3, The
13-19 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
13-20 Statutes), is not required to obtain a master or journeyman plumber
13-21 license to perform those functions until February 1, 1998.
13-22 (d) A master plumber who holds a license on the effective
13-23 date of this Act is not required to obtain a certificate of
13-24 insurance under Section 15(d), The Plumbing License Law (Article
13-25 6243-101, Vernon's Texas Civil Statutes), as added by this Act,
13-26 until February 1, 1998.
13-27 SECTION 16. The importance of this legislation and the
14-1 crowded condition of the calendars in both houses create an
14-2 emergency and an imperative public necessity that the
14-3 constitutional rule requiring bills to be read on three several
14-4 days in each house be suspended, and this rule is hereby suspended.