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                                  * * * * *