By Brown S.B. No. 805
75R4693 BEM-D
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), (4), 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 (4) "Plumber's Apprentice" means any person other than
2-13 a master plumber or journeyman plumber who, as his principal
2-14 occupation, is engaged in learning and assisting in the
2-15 installation of plumbing, is registered by the Board, and works
2-16 under the direct supervision of a licensed plumber.
2-17 (5) "Plumbing Inspector" means any person who is
2-18 employed by a political subdivision for the purpose of inspecting
2-19 plumbing work and installations in connection with health and
2-20 safety laws, [and] ordinances, and plumbing and gas codes, who has
2-21 no financial or advisory interests in any plumbing company, and who
2-22 has successfully fulfilled the examinations and requirements of the
2-23 Board.
2-24 SECTION 2. Section 3, The Plumbing License Law (Article
2-25 6243-101, Vernon's Texas Civil Statutes), is amended to read as
2-26 follows:
2-27 Sec. 3. ACTS PERMITTED WITHOUT A LICENSE. The following
3-1 acts, work and conduct shall be expressly permitted without
3-2 license:
3-3 (a) Plumbing work done by a property owner in a
3-4 building owned and [or] occupied by him as his homestead;
3-5 (b) [Plumbing work done outside the municipal limits
3-6 of any organized city, town or village in this state, or within any
3-7 such city, town or village of less than five thousand (5,000)
3-8 inhabitants, unless required by ordinance in such city, town or
3-9 village of less than 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; appliance [and the installation, alteration,
3-21 adjustment, repair, removal and renovation of all types of
3-22 appurtenances, equipment and appliances, including doing all that
3-23 is necessary to render the appliances useable or serviceable;
3-24 appliance] installation and service work done by anyone who is an
3-25 appliance dealer or who is employed by an appliance dealer, and
3-26 acting as an appliance installation man or appliance service man in
3-27 connecting appliances to existing openings with a code-approved
4-1 appliance connector [piping installations]; and water treatment
4-2 installations, exchanges, services, or repairs. Provided, however,
4-3 that all work and service herein named or referred to shall be
4-4 subject to inspection and approval in accordance with the terms of
4-5 all state laws and local valid city or municipal ordinances;
4-6 (c) [(d)] Plumbing work done by a licensed irrigator
4-7 or licensed installer when working and licensed under Chapter 197,
4-8 Acts of the 66th Legislature, Regular Session, 1979 (Article 8751,
4-9 Vernon's Texas Civil Statutes). A person holding a valid license
4-10 from the Texas State Board of Plumbing Examiners shall not be
4-11 required to be licensed by any other board or agency when
4-12 installing or working on a lawn irrigation system;
4-13 (d) LP Gas piping [(e) Plumbing] work done by an LP
4-14 Gas installer when working and licensed under Chapter 113, Natural
4-15 Resources Code, as amended.
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 engaged
5-18 in the practice of plumbing engineering and design, two members
5-19 shall be building contractors with five years contracting
5-20 experience (one of whom shall be principally engaged in home
5-21 building and one of whom shall be principally engaged in commercial
5-22 building), and one member shall have had at least five years
5-23 practical experience as a plumbing inspector. Two members must be
5-24 representatives of the general public. A person is not eligible
5-25 for appointment as a public member if the person or the person's
5-26 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's examiners shall register
7-6 persons as plumber's apprentices in a manner prescribed by Board
7-7 rules.
7-8 (d) The Board shall [may] recognize, prepare, or implement
7-9 continuing education programs for licensees, endorsees, and
7-10 plumber's apprentices. [Participation in the programs is
7-11 voluntary.]
7-12 SECTION 6. Section 8, The Plumbing License Law (Article
7-13 6243-101, Vernon's Texas Civil Statutes), is amended to read as
7-14 follows:
7-15 Sec. 8. ISSUANCE OF LICENSES AND CERTIFICATES OF
7-16 REGISTRATION. (a) The Board shall issue licenses to such persons
7-17 as have by a uniform, reasonable examination shown themselves fit,
7-18 competent and qualified to engage in the business, trade or calling
7-19 of a master plumber or journeyman plumber, or plumbing inspector,
7-20 as the case may be.
7-21 (b) Within 30 days after the date a licensing examination is
7-22 administered under this Act, the Board shall notify each examinee
7-23 of the results of the examination.
7-24 (c) If requested in writing by a person who fails the
7-25 licensing examination administered under this Act, the Board shall
7-26 furnish the person with an analysis of the person's performance on
7-27 the examination.
8-1 (d) The Board may waive any license requirement for an
8-2 applicant with a valid license from another state having license
8-3 requirements substantially equivalent to those of this state.
8-4 (e) A plumber's apprentice is required to be registered with
8-5 the Board by the master plumber who employs the apprentice or by
8-6 the training director of a United States Department of Labor Bureau
8-7 of Apprenticeship Training program in which the apprentice is
8-8 enrolled before the plumber's apprentice may provide any regulated
8-9 plumbing services. The Board shall issue a certificate of
8-10 registration to a plumber's apprentice.
8-11 (f) A license holder whose license was eligible for renewal
8-12 when the license holder retired and who is not actively engaged in
8-13 the business of plumbing may apply for retired status. The Board
8-14 by rule shall adopt procedures and requirements for placing a
8-15 license on retired status. A license holder on retired status is
8-16 not required to complete continuing education while the person is
8-17 on retired status.
8-18 SECTION 7. Section 8A(e), The Plumbing License Law (Article
8-19 6243-101, Vernon's Texas Civil Statutes), is amended to read as
8-20 follows:
8-21 (e) Each written contract for plumbing services in this
8-22 state [of a licensed plumber] shall contain the name, mailing
8-23 address, and telephone number of the Board.
8-24 SECTION 8. Section 8B, The Plumbing License Law (Article
8-25 6243-101, Vernon's Texas Civil Statutes), as added by Chapter 857,
8-26 Acts of the 70th Legislature, Regular Session, 1987, is
8-27 redesignated as Section 8D and amended to read as follows:
9-1 Sec. 8D [8B]. ENFORCEMENT BY INSPECTOR. In addition to
9-2 enforcement by the Board, each plumbing inspector shall [may]
9-3 enforce this Act.
9-4 SECTION 9. Sections 8C(a) and (c), The Plumbing License Law
9-5 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
9-6 read as follows:
9-7 (a) A medical gas piping installation endorsement entitles a
9-8 holder of a master plumber license or journeyman plumber license to
9-9 install pipe used solely to transport gases used for medical
9-10 purposes. The Board shall issue a medical gas piping endorsement
9-11 to a plumbing inspector who meets the requirements for an
9-12 endorsement under this section. A plumbing inspector who has an
9-13 endorsement under this section may inspect medical gas piping
9-14 installations.
9-15 (c) An endorsement under this section is valid for three
9-16 years and may be renewed as provided by Board rule [on or before
9-17 February 1, or as provided by Section 12A of this Act, in the same
9-18 manner as a license renewal under Section 12 of this Act].
9-19 SECTION 10. Sections 9(a), (c), (d), and (e), The Plumbing
9-20 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
9-21 amended to read as follows:
9-22 (a) The Board shall revoke or suspend a license,
9-23 endorsement, or certificate of registration, probate a license,
9-24 endorsement, or certificate of registration suspension, or
9-25 reprimand a licensee or registrant for any violations of this Act
9-26 or rules of the Board. A violation of this Act shall include but
9-27 not be limited to: obtaining a license, endorsement, or
10-1 certificate of registration through error or fraud; having
10-2 wilfully, negligently or arbitrarily violated municipal rules or
10-3 ordinances regulating sanitation, drainage and plumbing; knowingly
10-4 making a substantial misrepresentation of services to be provided
10-5 or which have been provided; or making any false promise with
10-6 intent to influence, persuade, or induce an individual to contract
10-7 for services. Any person whose license, endorsement, or
10-8 certificate of registration has been revoked may, after the
10-9 expiration of one year from the date of such revocation, but not
10-10 before, apply to the Board for a new license, endorsement, or
10-11 certificate of registration.
10-12 (c) If the Board proposes to refuse a person's application
10-13 for a license, endorsement, or certificate of registration
10-14 [licensure] or to suspend or revoke a person's license,
10-15 endorsement, or certificate of registration, the person is entitled
10-16 to a hearing before the Board. Grounds for suspension or
10-17 revocation of a license or endorsement due to suspected
10-18 incompetence or wilful violation by a licensee may be determined
10-19 through retesting procedures.
10-20 (d) Proceedings for the refusal, suspension, or revocation
10-21 of a license, endorsement, or certificate of registration are
10-22 governed by the Administrative Procedure and Texas Register Act, as
10-23 amended (Article 6252-13a, Vernon's Texas Civil Statutes).
10-24 (e) A person commits an offense if the person [knowingly]
10-25 violates this Act or a rule adopted under this Act, engages in
10-26 activities for which a license, endorsement, or certificate of
10-27 registration is required without a license, endorsement, or
11-1 certificate of registration issued under this Act, or employs an
11-2 unlicensed, unendorsed, or unregistered person to engage in
11-3 activities for which a license, endorsement, or certificate of
11-4 registration is required by this Act. An offense under this
11-5 subsection is a Class C misdemeanor.
11-6 SECTION 11. Section 12, The Plumbing License Law (Article
11-7 6243-101, Vernon's Texas Civil Statutes), is amended to read as
11-8 follows:
11-9 Sec. 12. LICENSES; RENEWALS. (a) A license, endorsement,
11-10 or certificate of registration [Licenses] issued by the Board shall
11-11 be valid throughout the state, but shall not be assignable or
11-12 transferable. A license or certificate of registration [The Board
11-13 shall forward to the local Board of Health, if there be one, of
11-14 each town, or to the other authority having control of the
11-15 enforcement of regulations relative to plumbing in each town, the
11-16 names and addresses of all persons in such town to whom such
11-17 licenses have been granted. Licenses] shall be issued for one year
11-18 and may be renewed annually [on or before February 1st or as
11-19 provided by Section 12A of this Act upon payment of the required
11-20 fee]. The Board may adopt rules under which licenses,
11-21 endorsements, and certificates of registration expire on various
11-22 dates throughout the year.
11-23 (b) A person who has complied with the continuing education
11-24 requirement of Section 12B of this Act may renew an unexpired
11-25 license, endorsement, or certificate of registration by paying the
11-26 required renewal fee to the Board before the expiration date of the
11-27 license, endorsement, or certificate of registration.
12-1 (c) A person who has complied with the continuing education
12-2 requirement of Section 12B of this Act and whose license,
12-3 endorsement, or certificate of registration has been expired for 90
12-4 days or less may renew the license, endorsement, or certificate of
12-5 registration by paying to the Board the required renewal fee and,
12-6 if the renewal is for a license, a fee that is one-half of the
12-7 examination fee for the license or, if the fee is for a certificate
12-8 of registration, a fee that is one-half of the registration fee.
12-9 (d) A person who has complied with the continuing education
12-10 requirement of Section 12B of this Act and whose license,
12-11 endorsement, or certificate of registration has been expired for
12-12 longer than 90 days but less than two years may renew the license,
12-13 endorsement, or certificate of registration by paying to the Board
12-14 all unpaid renewal fees and, if the renewal is for a license or
12-15 certificate of registration, a fee that is equal to the examination
12-16 fee for a [the] license.
12-17 (e) If a person's license or endorsement has been expired
12-18 for two years or longer, the person may not renew the license or
12-19 endorsement. The person may obtain a new license or endorsement by
12-20 submitting to reexamination and complying with the requirements and
12-21 procedures for obtaining an original license or endorsement.
12-22 (f) At least 30 days before the expiration of a person's
12-23 license, endorsement, or certificate of registration, the Board
12-24 shall send written notice of the impending license, endorsement, or
12-25 certificate of registration expiration to the person at the
12-26 licensee's or registrant's last known address according to the
12-27 records of the Board. The licensee or registrant shall notify the
13-1 Board of any change of the person's name or address not later than
13-2 the 30th day after the date of the change.
13-3 SECTION 12. Sections 12B(a) and (d), The Plumbing License
13-4 Law (Article 6243-101, Vernon's Texas Civil Statutes), are amended
13-5 to read as follows:
13-6 (a) A person holding a license, endorsement, or certificate
13-7 of registration under this Act must complete at least six hours of
13-8 continuing professional education each license year. Three of the
13-9 six hours required must be in the subjects of health protection,
13-10 energy conservation, and water conservation.
13-11 (d) A person holding a license, endorsement, or certificate
13-12 of registration under this Act [who lives in a county having no
13-13 city with a population in excess of 100,000] may fulfill the
13-14 continuing professional education requirement of this section
13-15 through a correspondence course as provided by Board rule.
13-16 SECTION 13. Section 14(a), The Plumbing License Law (Article
13-17 6243-101, Vernon's Texas Civil Statutes), is amended to read as
13-18 follows:
13-19 (a) No person, whether as a master plumber, journeyman
13-20 plumber, plumber's apprentice, or otherwise, shall engage in, work
13-21 at, or conduct the business of plumbing in this state or serve as a
13-22 plumbing inspector as herein defined, except as herein specifically
13-23 exempted from the provisions of this Act, unless such person is the
13-24 holder of a valid license, endorsement, or certificate of
13-25 registration as provided for by this Act. It shall be unlawful for
13-26 any person, firm, or corporation to engage in or work at the
13-27 business of installing plumbing and doing plumbing work except as
14-1 specifically herein provided unless such installation of plumbing
14-2 or plumbing work be under the direct supervision and control of a
14-3 plumber licensed under this Act. A license holder may not act as a
14-4 water supply protection specialist unless the license holder has
14-5 the appropriate license endorsement under Section 11A or 11B of
14-6 this Act.
14-7 SECTION 14. Section 15, The Plumbing License Law (Article
14-8 6243-101, Vernon's Texas Civil Statutes), is amended by adding
14-9 Subsections (d), (e), and (f) to read as follows:
14-10 (d) A person holding a master plumber's license may not act
14-11 as a master plumber unless the master plumber has submitted to the
14-12 Board a certificate of insurance that meets the requirements of
14-13 Subsection (c) of this section.
14-14 (e) A municipality having boundaries that overlap the
14-15 boundaries of a municipal utility district is the controlling
14-16 jurisdiction and is the only entity that may perform required
14-17 plumbing inspections in an area located in both the municipality
14-18 and the municipal utility district. A municipal utility district
14-19 may perform its own inspection under this subsection if the
14-20 inspection performed by the municipality responsible for conducting
14-21 an inspection is not performed by a state-licensed plumbing
14-22 inspector or if the municipal utility district has inspection
14-23 standards that are stricter than the municipality's standards.
14-24 (f) A municipality or municipal utility district performing
14-25 a plumbing inspection in an area in which the boundaries of those
14-26 entities overlap may only collect an inspection permit fee if the
14-27 entity is entitled to perform the inspection under Subsection (e)
15-1 of this section.
15-2 SECTION 15. Section 12A, The Plumbing License Law (Article
15-3 6243-101, Vernon's Texas Civil Statutes), is repealed.
15-4 SECTION 16. (a) Except as otherwise provided by this
15-5 section, this Act takes effect September 1, 1997.
15-6 (b) The Texas State Board of Plumbing Examiners shall adopt
15-7 rules not later than December 31, 1997, that provide for
15-8 registering plumber's apprentices and for the expiration of
15-9 registrations under Sections 5(a) and 12(a), The Plumbing License
15-10 Law (Article 6243-101, Vernon's Texas Civil Statutes), as amended
15-11 by this Act.
15-12 (c) The Texas State Board of Plumbing Examiners shall adopt
15-13 rules under Section 5(d), The Plumbing License Law (Article
15-14 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
15-15 and rules that implement the continuing education programs required
15-16 by Section 12B, The Plumbing License Law (Article 6243-101,
15-17 Vernon's Texas Civil Statutes), as amended by this Act, not later
15-18 than February 1, 1998.
15-19 (d) A person performing plumbing services who must obtain a
15-20 license because of the changes made by this Act to Section 3, The
15-21 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
15-22 Statutes), is not required to obtain a master or journeyman plumber
15-23 license to perform those functions until February 1, 1998.
15-24 (e) The requirement under Section 8(e), The Plumbing License
15-25 Law (Article 6243-101, Vernon's Texas Civil Statutes), as added by
15-26 this Act, that a plumber's apprentice be registered with the Texas
15-27 State Board of Plumbing Examiners takes effect February 1, 1998.
16-1 (f) A master plumber who holds a license on the effective
16-2 date of this Act is not required to obtain a certificate of
16-3 insurance under Section 15(d), The Plumbing License Law (Article
16-4 6243-101, Vernon's Texas Civil Statutes), as added by this Act,
16-5 until February 1, 1998.
16-6 SECTION 17. The importance of this legislation and the
16-7 crowded condition of the calendars in both houses create an
16-8 emergency and an imperative public necessity that the
16-9 constitutional rule requiring bills to be read on three several
16-10 days in each house be suspended, and this rule is hereby suspended.