1-1 By: Brown S.B. No. 805
1-2 (In the Senate - Filed February 26, 1997; March 4, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 2, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0; April 2, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 805 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of the practice of plumbing; providing
1-11 penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivisions (1), (2), and (5), Section 2, The
1-14 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
1-15 Statutes), are amended to read as follows:
1-16 (1) "Plumbing" means:
1-17 (A) All piping, fixtures, appurtenances and
1-18 appliances for supply or recirculation of water, gas, medical gases
1-19 and vacuum, liquids, and drainage or elimination of sewage,
1-20 including disposal systems or any combination thereof, for all
1-21 personal or domestic purposes in and about buildings where a person
1-22 or persons live, work or assemble; all piping, fixtures,
1-23 appurtenances and appliances outside a building connecting the
1-24 building with the source of water, gas, medical gases and vacuum,
1-25 or other liquid supply, or combinations thereof, on the premises,
1-26 or the main in the street, alley or at the curb; all piping,
1-27 fixtures, appurtenances, appliances, drain or waste pipes carrying
1-28 waste water or sewage from or within a building to the sewer
1-29 service lateral at the curb or in the street or alley or other
1-30 disposal or septic terminal holding private or domestic sewage; or
1-31 (B) the installation, repair, service, and
1-32 maintenance of all piping, fixtures, appurtenances and appliances
1-33 in and about buildings where a person or persons live, work or
1-34 assemble, for a supply of gas, medical gases and vacuum, water,
1-35 liquids, or any combination thereof, or disposal of waste water or
1-36 sewage.
1-37 (2) "Master Plumber" means a person who is skilled in
1-38 the planning, superintending, and the practical installation,
1-39 repair, and service of plumbing, who secures permits for plumbing
1-40 work, who [and] is knowledgeable of [familiar with] the codes,
1-41 ordinances, or rules and regulations governing those matters, who
1-42 alone, or through a person or persons under his supervision,
1-43 performs plumbing work, and who has successfully fulfilled the
1-44 examinations and requirements of the Board.
1-45 (5) "Plumbing Inspector" means any person who is
1-46 employed by a political subdivision for the purpose of inspecting
1-47 plumbing work and installations in connection with health and
1-48 safety laws, [and] ordinances, and plumbing and gas codes, who has
1-49 no financial or advisory interests in any plumbing company, and who
1-50 has successfully fulfilled the examinations and requirements of the
1-51 Board.
1-52 SECTION 2. Section 3, The Plumbing License Law (Article
1-53 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-54 follows:
1-55 Sec. 3. Acts permitted without a license. The following
1-56 acts, work and conduct shall be expressly permitted without
1-57 license:
1-58 (a) Plumbing work done by a property owner in a
1-59 building owned and [or] occupied by him as his homestead;
1-60 (b) Plumbing work done on a single family residential
1-61 property not connected to a public water system and located outside
1-62 the municipal limits of any organized city, town or village in this
1-63 state[, or within any such city, town or village of less than five
1-64 thousand (5,000) inhabitants, unless required by ordinance in such
2-1 city, town or village of less than five thousand (5,000)
2-2 inhabitants];
2-3 (c) Plumbing work done by anyone who is regularly
2-4 employed as or acting as a maintenance man or maintenance engineer,
2-5 incidental to and in connection with the business in which he is
2-6 employed or engaged, and who does not engage in the occupation of a
2-7 plumber for the general public; [construction, installation and]
2-8 maintenance work done upon the premises or equipment of a railroad
2-9 by an employee thereof who does not engage in the occupation of a
2-10 plumber for the general public; and plumbing work done by persons
2-11 engaged by any public service company in the laying, maintenance
2-12 and operation of its service mains or lines to the point of
2-13 measurement and the installation, alteration, adjustment, repair,
2-14 removal and renovation of all types of appurtenances, equipment and
2-15 appliances, including doing all that is necessary to render the
2-16 appliances useable or serviceable; appliance installation and
2-17 service work done by anyone who is an appliance dealer or who is
2-18 employed by an appliance dealer, and acting as an appliance
2-19 installation man or appliance service man in connecting appliances
2-20 to existing openings with a code-approved appliance connector
2-21 [piping installations]; and water treatment installations,
2-22 exchanges, services, or repairs. Provided, however, that all work
2-23 and service herein named or referred to shall be subject to
2-24 inspection and approval in accordance with the terms of all state
2-25 laws and local valid city or municipal ordinances;
2-26 (d) Plumbing work done by a licensed irrigator or
2-27 licensed installer when working and licensed under Chapter 197,
2-28 Acts of the 66th Legislature, Regular Session, 1979 (Article 8751,
2-29 Vernon's Texas Civil Statutes). A person holding a valid license
2-30 from the Texas State Board of Plumbing Examiners shall not be
2-31 required to be licensed by any other board or agency when
2-32 installing or working on a lawn irrigation system;
2-33 (e) LPG system [Plumbing] work done by an LP Gas
2-34 installer when working and licensed under Chapter 113, Natural
2-35 Resources Code, as amended.
2-36 SECTION 3. Subsection (a), Section 3A, The Plumbing License
2-37 Law (Article 6243-101, Vernon's Texas Civil Statutes), is amended
2-38 to read as follows:
2-39 (a) The Commissioner of Health or his designee shall certify
2-40 persons as being qualified for the installation, exchange,
2-41 servicing, and repair of residential water treatment facilities [as
2-42 defined by Subsection (g) of Section 2 of this Act]. The Texas
2-43 Board of Health shall set standards for certification to ensure the
2-44 public health and to protect the public from unqualified persons
2-45 engaging in activities relating to water treatment. Nothing in
2-46 this section shall be construed to require that persons licensed
2-47 pursuant to this Act are subject to certification under this
2-48 section.
2-49 SECTION 4. Subsection (a), Section 4, The Plumbing License
2-50 Law (Article 6243-101, Vernon's Texas Civil Statutes), is amended
2-51 to read as follows:
2-52 (a) The Texas State Board of Plumbing Examiners shall
2-53 consist of nine members, each of whom shall be a citizen of the
2-54 United States and a resident of this state. Members of the Board
2-55 and their successors shall be appointed by the Governor and
2-56 confirmed by the Senate, and shall hold office for terms of six
2-57 years, or until their successors are appointed and have qualified.
2-58 Appointments to the Board shall be made without regard to the race,
2-59 creed, sex, religion, or national origin of the appointees. One
2-60 member of the Board shall have had at least ten years practical
2-61 experience as a master plumber, one member shall have had at least
2-62 five years practical experience as a journeyman plumber, one member
2-63 shall be a plumbing contractor with five years experience, one
2-64 member shall be a licensed professional [sanitary] engineer
2-65 knowledgeable in the practice of plumbing engineering and design,
2-66 two members shall be building contractors with five years
2-67 contracting experience (one of whom shall be principally engaged in
2-68 home building and one of whom shall be principally engaged in
2-69 commercial building), and one member shall have had at least five
3-1 years practical experience as a plumbing inspector. Two members
3-2 must be representatives of the general public. A person is not
3-3 eligible for appointment as a public member if the person or the
3-4 person's spouse:
3-5 (1) is licensed by an occupational regulatory agency
3-6 in the building construction industry;
3-7 (2) is employed by or participates in the management
3-8 of an agency or business entity related to the building
3-9 construction industry; or
3-10 (3) has, other than as a consumer, a financial
3-11 interest in a business entity related to the building construction
3-12 industry.
3-13 SECTION 5. Subsections (a) and (d), Section 5, The Plumbing
3-14 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
3-15 amended to read as follows:
3-16 (a) The Board shall administer the provisions of this Act.
3-17 The Board shall formally elect a chairman and a secretary from its
3-18 members and may adopt such rules as it deems necessary for the
3-19 orderly conduct and enforcement of its affairs. The Board is
3-20 hereby authorized and empowered to employ, promote and discharge
3-21 such assistants and employees as it may deem necessary to properly
3-22 carry out the intent and purpose of this Act, and to fix and pay
3-23 their compensation and salaries and to provide for their duties and
3-24 the terms of their employment. A majority of the Board shall
3-25 constitute a quorum for the transaction of business. The Board
3-26 shall have a seal which shall be judicially noticed. The Board
3-27 shall keep records of all proceedings and actions by and before the
3-28 Board. The Board is hereby authorized, empowered and directed to
3-29 prescribe, amend and enforce all rules and regulations necessary to
3-30 carry out this Act. The Board shall appoint an employee or
3-31 employees thereof, with the power of removal, as a plumbing
3-32 examiner or examiners, whose duties shall be to examine, as to
3-33 their fitness and qualifications, all persons applying to the Board
3-34 for licenses to engage in the business, trade or calling of a
3-35 master plumber or a journeyman plumber or to serve as a plumbing
3-36 inspector, and to promptly certify the result thereof to said State
3-37 Board of Plumbing Examiners. The Board by rule may require
3-38 plumbers' apprentices to register with the Board.
3-39 (d) The Board shall [may] recognize, prepare, or implement
3-40 continuing education programs for licensees and endorsees.
3-41 [Participation in the programs is voluntary.]
3-42 SECTION 6. Section 8, The Plumbing License Law (Article
3-43 6243-101, Vernon's Texas Civil Statutes), is amended by adding
3-44 Subsection (e) to read as follows:
3-45 (e) A license holder whose license was eligible for renewal
3-46 when the license holder retired and who is not actively engaged in
3-47 the business of plumbing may apply for retired status. The Board
3-48 by rule shall adopt procedures and requirements for placing a
3-49 license on retired status. A license holder on retired status is
3-50 not required to complete continuing education while the person is
3-51 on retired status.
3-52 SECTION 7. Subsection (e), Section 8A, The Plumbing License
3-53 Law (Article 6243-101, Vernon's Texas Civil Statutes), is amended
3-54 to read as follows:
3-55 (e) Each written contract for plumbing services in this
3-56 state [of a licensed plumber] shall contain the name, mailing
3-57 address, and telephone number of the Board.
3-58 SECTION 8. Section 8B, The Plumbing License Law (Article
3-59 6243-101, Vernon's Texas Civil Statutes), as added by Chapter 857,
3-60 Acts of the 70th Legislature, Regular Session, 1987, is
3-61 redesignated as Section 8D and amended to read as follows:
3-62 Sec. 8D [8B]. ENFORCEMENT BY INSPECTOR. In addition to
3-63 enforcement by the Board, each plumbing inspector shall [may]
3-64 enforce this Act. This section does not require a municipality to
3-65 deploy inspectors to enforce this Act other than to require a
3-66 municipality to issue permits only to master plumbers.
3-67 SECTION 9. Subsections (a) and (c), Section 8C, The Plumbing
3-68 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
3-69 amended to read as follows:
4-1 (a) A medical gas piping installation endorsement entitles a
4-2 holder of a master plumber license or journeyman plumber license to
4-3 install pipe used solely to transport gases used for medical
4-4 purposes. A person who holds a medical gas endorsement may inspect
4-5 medical gas piping installations.
4-6 (c) An endorsement under this section is valid for three
4-7 years and may be renewed as provided by Board rule [on or before
4-8 February 1, or as provided by Section 12A of this Act, in the same
4-9 manner as a license renewal under Section 12 of this Act].
4-10 SECTION 10. Subsections (a), (c), (d), and (e), Section 9,
4-11 The Plumbing License Law (Article 6243-101, Vernon's Texas Civil
4-12 Statutes), are amended to read as follows:
4-13 (a) The Board shall revoke or suspend a license or
4-14 endorsement, probate a license or endorsement suspension, or
4-15 reprimand a licensee for any violations of this Act or rules of the
4-16 Board. A violation of this Act shall include but not be limited
4-17 to: obtaining a license or endorsement through error or fraud;
4-18 having wilfully, negligently or arbitrarily violated municipal
4-19 rules or ordinances regulating sanitation, drainage and plumbing;
4-20 knowingly making a substantial misrepresentation of services to be
4-21 provided or which have been provided; or making any false promise
4-22 with intent to influence, persuade, or induce an individual to
4-23 contract for services. Any person whose license or endorsement has
4-24 been revoked may, after the expiration of one year from the date of
4-25 such revocation, but not before, apply to the Board for a new
4-26 license or endorsement.
4-27 (c) If the Board proposes to refuse a person's application
4-28 for a license or endorsement [licensure] or to suspend or revoke a
4-29 person's license or endorsement, the person is entitled to a
4-30 hearing before the Board. Grounds for suspension or revocation of
4-31 a license or endorsement due to suspected incompetence or wilful
4-32 violation by a licensee may be determined through retesting
4-33 procedures.
4-34 (d) Proceedings for the refusal, suspension, or revocation
4-35 of a license or endorsement are governed by the Administrative
4-36 Procedure and Texas Register Act, as amended (Article 6252-13a,
4-37 Vernon's Texas Civil Statutes).
4-38 (e) A person commits an offense if the person knowingly
4-39 violates this Act or a rule adopted under this Act, engages in
4-40 activities for which a license or endorsement is required without a
4-41 license or endorsement issued under this Act, or employs an
4-42 unlicensed or unendorsed person to engage in activities for which a
4-43 license or endorsement is required by this Act. An offense under
4-44 this subsection is a Class C misdemeanor.
4-45 SECTION 11. Section 12, The Plumbing License Law (Article
4-46 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-47 follows:
4-48 Sec. 12. Licenses; renewals. (a) A license or endorsement
4-49 [Licenses] issued by the Board shall be valid throughout the state,
4-50 but shall not be assignable or transferable. A license [The Board
4-51 shall forward to the local Board of Health, if there be one, of
4-52 each town, or to the other authority having control of the
4-53 enforcement of regulations relative to plumbing in each town, the
4-54 names and addresses of all persons in such town to whom such
4-55 licenses have been granted. Licenses] shall be issued for one year
4-56 and may be renewed annually [on or before February 1st or as
4-57 provided by Section 12A of this Act upon payment of the required
4-58 fee]. The Board may adopt rules under which licenses and
4-59 endorsements expire on various dates throughout the year.
4-60 (b) A person who has complied with the continuing education
4-61 requirement of Section 12B of this Act may renew an unexpired
4-62 license or endorsement by paying the required renewal fee to the
4-63 Board before the expiration date of the license or endorsement.
4-64 (c) A person who has complied with the continuing education
4-65 requirement of Section 12B of this Act and whose license or
4-66 endorsement has been expired for 90 days or less may renew the
4-67 license or endorsement by paying to the Board the required renewal
4-68 fee and a fee that is one-half of the examination fee for the
4-69 license or endorsement.
5-1 (d) A person who has complied with the continuing education
5-2 requirement of Section 12B of this Act and whose license or
5-3 endorsement has been expired for longer than 90 days but less than
5-4 two years may renew the license or endorsement by paying to the
5-5 Board all unpaid renewal fees and a fee that is equal to the
5-6 examination fee for a [the] license.
5-7 (e) If a person's license or endorsement has been expired
5-8 for two years or longer, the person may not renew the license or
5-9 endorsement. The person may obtain a new license or endorsement by
5-10 submitting to reexamination and complying with the requirements and
5-11 procedures for obtaining an original license or endorsement.
5-12 (f) At least 30 days before the expiration of a person's
5-13 license or endorsement, the Board shall send written notice of the
5-14 impending license or endorsement expiration to the person at the
5-15 licensee's last known address according to the records of the
5-16 Board. The licensee shall notify the Board of any change of the
5-17 person's name or address not later than the 30th day after the date
5-18 of the change.
5-19 SECTION 12. Subsections (a) and (d), Section 12B, The
5-20 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
5-21 Statutes), are amended to read as follows:
5-22 (a) A person holding a license or endorsement under this Act
5-23 must complete at least six hours of continuing professional
5-24 education each license year. Three of the six hours required must
5-25 be in the subjects of health protection, energy conservation, and
5-26 water conservation.
5-27 (d) A person holding a license or endorsement under this Act
5-28 [who lives in a county having no city with a population in excess
5-29 of 100,000] may fulfill the continuing professional education
5-30 requirement of this section through a correspondence course as
5-31 provided by Board rule.
5-32 SECTION 13. Subsection (a), Section 14, The Plumbing License
5-33 Law (Article 6243-101, Vernon's Texas Civil Statutes), is amended
5-34 to read as follows:
5-35 (a) No person, whether as a master plumber, journeyman
5-36 plumber, or otherwise, shall engage in, work at, or conduct the
5-37 business of plumbing in this state or serve as a plumbing inspector
5-38 as herein defined, except as herein specifically exempted from the
5-39 provisions of this Act, unless such person is the holder of a valid
5-40 license or endorsement as provided for by this Act. It shall be
5-41 unlawful for any person, firm, or corporation to engage in or work
5-42 at the business of installing plumbing and doing plumbing work
5-43 except as specifically herein provided unless such installation of
5-44 plumbing or plumbing work be under the active supervision and
5-45 control of a plumber licensed under this Act. A license holder may
5-46 not act as a water supply protection specialist unless the license
5-47 holder has the appropriate license endorsement under Section 11A or
5-48 11B of this Act.
5-49 SECTION 14. Section 15, The Plumbing License Law (Article
5-50 6243-101, Vernon's Texas Civil Statutes), is amended by adding
5-51 Subsections (d), (e), and (f) to read as follows:
5-52 (d) A person holding a master plumber's license may not act
5-53 as a master plumber unless the master plumber has submitted to the
5-54 Board a certificate of insurance that meets the requirements of
5-55 Subsection (c) of this section.
5-56 (e) A municipal utility district having boundaries that
5-57 overlap the boundaries of a municipality is the controlling
5-58 jurisdiction and is the only entity that may perform required
5-59 plumbing inspections in an area located in both the municipal
5-60 utility district and the municipality. A municipality may perform
5-61 its own inspection under this subsection if the inspection
5-62 performed by the municipal utility district responsible for
5-63 conducting the inspection is not performed by a state-licensed
5-64 plumbing inspector or if the municipality has inspection standards
5-65 that are stricter than the municipal utility district's standards.
5-66 (f) A municipal utility district or municipality performing
5-67 a plumbing inspection in an area in which the boundaries of those
5-68 entities overlap may only collect an inspection permit fee if the
5-69 entity is entitled to perform the inspection under Subsection (e)
6-1 of this section.
6-2 SECTION 15. Section 12A, The Plumbing License Law (Article
6-3 6243-101, Vernon's Texas Civil Statutes), is repealed.
6-4 SECTION 16. (a) Except as otherwise provided by this
6-5 section, this Act takes effect September 1, 1997.
6-6 (b) The Texas State Board of Plumbing Examiners shall adopt
6-7 rules under Subsection (d), Section 5, The Plumbing License Law
6-8 (Article 6243-101, Vernon's Texas Civil Statutes), as amended by
6-9 this Act, and rules that implement the continuing education
6-10 programs required by Section 12B, The Plumbing License Law (Article
6-11 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
6-12 not later than February 1, 1998.
6-13 (c) A person performing plumbing services who must obtain a
6-14 license because of the changes made by this Act to Section 3, The
6-15 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
6-16 Statutes), is not required to obtain a master or journeyman plumber
6-17 license to perform those functions until February 1, 1998.
6-18 (d) A master plumber who holds a license on the effective
6-19 date of this Act is not required to obtain a certificate of
6-20 insurance under Subsection (d), Section 15, The Plumbing License
6-21 Law (Article 6243-101, Vernon's Texas Civil Statutes), as added by
6-22 this Act, until February 1, 1998.
6-23 SECTION 17. The importance of this legislation and the
6-24 crowded condition of the calendars in both houses create an
6-25 emergency and an imperative public necessity that the
6-26 constitutional rule requiring bills to be read on three several
6-27 days in each house be suspended, and this rule is hereby suspended.
6-28 * * * * *