Amend HB 2155 by striking all below the enacting clause and
substituting the following:
      SECTION 1.  The Revised Statutes are amended by adding Title
132B to read as follows:
      TITLE 132B.  TEXAS STATE BOARD OF MECHANICAL INDUSTRIES
      Art. 9150.  TEXAS STATE BOARD OF MECHANICAL INDUSTRIES
      Sec. 1.  DEFINITION. In this article, "board" means the Texas
State Board of Mechanical Industries.
      Sec. 2.  BOARD. (a)  The Texas State Board of Mechanical
Industries consists of nine members as follows:
            (1)  one member who has at least 10 years of practical
experience as a master plumber;
            (2)  one member who has at least 10 years of practical
experience as a journeyman plumber;
            (3)  one member who has at least five years of
experience as a plumbing contractor or as a licensed air
conditioning and refrigeration contractor;
            (4)  one member who has at least five years of
practical experience as a  plumbing inspector;
            (5)  one member who has held an air conditioning and
refrigeration class A license or class B license for at least five
years;
            (6)  one member who has at least 10 years as a licensed
irrigation contractor; and
            (7)  three members who are representatives of the
public.
      (b)  Members of the board are appointed by the governor with
the advice and consent of the senate.
      (c)  Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
      Sec. 3.  OFFICERS; MEETINGS; COMPENSATION. (a)  The governor
shall designate a member of the board as the presiding officer of
the board to serve in that capacity at the will of the governor.
The board annually shall select an assistant presiding officer and
a secretary-treasurer.
      (b)  The board shall hold at least two regular meetings each
year.  The board may not hold more than four meetings each year
unless at least nine members of the board request the presiding
officer in writing to call additional meetings.
      (c)  A member of the board is entitled to a per diem as set
by the General Appropriations Act for each day the member engages
in the business of the board.  A member may not receive
compensation for travel expenses, including expenses for meals and
lodging, other than transportation expenses as provided by the
General Appropriations Act.
      Sec. 4.  TERMS. (a)  Members of the board are appointed for
staggered six-year terms, with three members' terms expiring on
February 1 of each odd-numbered year.
      (b)  A member appointed to fill a vacancy shall hold office
for the remainder of that term.
      Sec. 5.  PUBLIC MEMBERSHIP RESTRICTION. A person may not be a
public member of the board if the person or the person's spouse:
            (1)  is registered, certified, or licensed by a
regulatory agency in the field of plumbing or mechanical work;
            (2)  is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the board;
            (3)  owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the board; or
            (4)  uses or receives a substantial amount of tangible
goods, services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
      Sec. 6.  CONFLICT OF INTEREST RESTRICTIONS. (a)  In this
section, "Texas trade association" means a cooperative and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
      (b)  A person may not be a member of the board and may not be
a board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
            (1)  the person is an officer, employee, or paid
consultant of a Texas trade association in the field of plumbing or
mechanical work; or
            (2)  the person's spouse is an officer, manager, or
paid consultant of a Texas trade association in the field of
plumbing or mechanical work.
      (c)  A person may not be a member of the board or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
      Sec. 7.  EFFECT OF LOBBYING ACTIVITY. A person may not serve
as a member of the board or act as the general counsel to the board
if the person is required to register as a lobbyist under Chapter
305, Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the board.
      Sec. 8.  GROUNDS FOR REMOVAL FROM BOARD. (a)  It is a ground
for removal from the board that a member:
            (1)  does not have at the time of taking office the
qualifications required by Section 2 of this article;
            (2)  does not maintain during service on the board the
qualifications required by Section 2 of this article;
            (3)  is ineligible for membership under Section 5, 6,
or 7 of this article;
            (4)  cannot, because of illness or disability,
discharge the member's duties for a substantial part of the
member's term; or
            (5)  is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority
vote of the board.
      (b)  The validity of an action of the board is not affected
by the fact that it is taken when a ground for removal of a board
member exists.
      (c)  If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground.  The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists.  If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
      Sec. 9.  STAFF. (a)  The board shall employ an executive
director and administrative and clerical employees as necessary to
carry out the board's functions.
      (b)  The board shall develop and implement policies that
clearly separate the policymaking responsibilities of the board and
the management responsibilities of the executive director and staff
of the board.
      Sec. 10.  REGULATORY STATUTES ADMINISTERED. The board shall
administer and enforce:
            (1)  The Plumbing License Law (Article 6243-101,
Vernon's Texas Civil Statutes);
            (2)  the law regulating environmental performance
standards for plumbing fixtures, Chapter 372, Health and Safety
Code;
            (3)  the Air Conditioning and Refrigeration Contractor
License Law  (Article 8861, Vernon's Texas Civil Statutes);
            (4)  the law regulating irrigators, Chapter 34, Water
Code; and
            (5)  the law regulating certain connections to public
drinking water, Section 341.033(f), Health and Safety Code.
      Sec. 11.  ADVISORY COMMITTEES. (a)  The board shall appoint a
separate advisory committee on each of the following:
            (1)  plumbing;
            (2)  irrigation;
            (3)  air conditioning and refrigeration; and
            (4)  backflow prevention.
      (b)  The board may appoint additional advisory committees as
determined to be necessary by a majority of the board.
      (c)  A member of an advisory committee appointed under this
section serves a two-year term.  An advisory committee member is
not entitled to compensation but is entitled to reimbursement for
actual and necessary expenses, including travel expenses, incurred
in performing duties as a member of the advisory committee.
      Sec. 12.  SEPARATE LICENSES. (a)  The board shall issue
separate licenses, certificates, permits, or registrations for the
programs under Section 10 of this article in which a license,
certificate, permit, or registration is issued by the board.
      (b)  The board may issue more than one type of license,
certificate, permit, or registration to a person under a law
regulated by the board if the person is qualified to hold each of
the licenses, certificates, permits, or registrations issued.  The
board shall adopt rules relating to the issuance of multiple
licenses, certificates, permits, or registrations to a person under
laws administered by the board.
      Sec. 13.  EXPENDITURES; AUDIT. (a)  The board may authorize,
from funds appropriated to it, all necessary disbursements to carry
out this article and the laws and programs listed in Section 10 of
this article.
      (b)  The financial transactions of the board are subject to
audit by the state auditor in accordance with Chapter 321,
Government Code.
      Sec. 14.  ANNUAL FINANCIAL REPORT. The board shall file
annually with the governor and the presiding officer of each house
of the legislature a complete and detailed written report
accounting for all funds received and disbursed by the board during
the preceding fiscal year.  The annual report must be in the form
and reported in the time provided by the General Appropriations
Act.
      Sec. 15.  PERSONNEL POLICIES. (a)  The executive director or
the executive director's designee shall develop an intra-agency
career ladder program.  The program shall require intra-agency
posting of all nonentry level positions concurrently with any
public posting.
      (b)  The executive director or the executive director's
designee shall develop a system of annual performance evaluations
based on measurable job tasks.  All merit pay for board employees
must be based on the system established under this subsection.
      Sec. 16.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a)  The
executive director or the executive director's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
      (b)  The policy statement must include:
            (1)  personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
            (2)  an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
      (c)  The policy statement must:
            (1)  be updated annually;
            (2)  be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
            (3)  be filed with the governor's office.
      Sec. 17.  PUBLIC INTEREST INFORMATION. (a)  The board shall
prepare information of public interest describing the functions of
the board and the board's procedures by which complaints are filed
with and resolved by the board.  The board shall make the
information available to the public and appropriate state agencies.
      (b)  The board by rule shall establish methods by which
consumers and service recipients are notified of the name, mailing
address, and telephone number of the board and the license number
of the responsible licensee for the purpose of directing complaints
to the board.  The board or the responsible licensee, as
appropriate, shall provide for that notification:
            (1)  on each registration form, application, or written
contract for services of an individual or entity regulated by the
board;
            (2)  on a sign prominently displayed in the place of
business of each individual or entity regulated by the board;
            (3)  in a bill for service provided by an individual or
entity regulated by the board; and
            (4)  the company name and license number of the
responsible licensee shall be displayed on both sides of all
vehicles used in conjunction with contracting or performing work
regulated by the board.
      (c)  The board shall list along with its regular telephone
number the toll-free telephone number that may be called to present
a complaint about a health professional if the toll-free number is
established under other state law.
      Sec. 18.  PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the board.
      Sec. 19.  PROGRAM ACCESSIBILITY. The board shall prepare and
maintain a written plan that describes how a person who does not
speak English can be provided reasonable access to the board's
programs.  The board shall also comply with federal and state laws
for program and facility accessibility.
      Sec. 20.  BOARD MEMBER TRAINING; STANDARDS OF CONDUCT
INFORMATION. (a)  A person who is appointed to and qualifies for
office as a member of the board may not vote, deliberate, or be
counted as a member in attendance at a meeting of the board until
the person completes a training program that complies with this
section.
      (b)  The training program must provide the person with
information regarding:
            (1)  this article and the statutes enforced by the
board;
            (2)  the programs operated by the board;
            (3)  the role and functions of the board;
            (4)  the rules of the board with an emphasis on the
rules that relate to disciplinary and investigatory authority;
            (5)  the current budget for the board;
            (6)  the results of the most recent formal audit of the
board;
            (7)  the requirements of:
                  (A)  the open meetings law, Chapter 551,
Government Code;
                  (B)  the public information law, Chapter 552,
Government Code;
                  (C)  the administrative procedure law, Chapter
2001, Government Code; and
                  (D)  other laws relating to public officials,
including conflict-of-interest laws; and
            (8)  any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
      (c)  A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
      (d)  The executive director or the executive director's
designee shall provide to members of the board and to board
employees, as often as necessary, information regarding the
requirements for office or employment under this article, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
      Sec. 21.  SUNSET PROVISION. The Texas State Board of
Mechanical Industries is subject to Chapter 325, Government Code
(Texas Sunset Act).  Unless continued in existence as provided by
that chapter, the board is abolished and this article expires
September 1, 2011.
      Sec. 22.  PENALTIES. (a)  The board shall revoke or suspend a
license, endorsement, certification, or registration, probate a
license, endorsement, certification, or registration suspension, or
reprimand any person or entity regulated by the board for any
violation of this article or any regulatory statute administered by
the board or any rule adopted under this article or any rule
adopted under any regulatory statute administered by the board.  A
violation of this article shall include but not be limited to:
obtaining a license through error or fraud; having recklessly,
wilfully, negligently, or arbitrarily violated municipal or other
political subdivision rules or ordinances regulating any work
governed by the board; making a substantial misrepresentation of
services to be provided or which have been provided; making any
false promise with intent to influence, persuade, or induce an
individual to contract for services.  Grounds for suspension or
revocation of a license, endorsement, certification, or
registration due to suspected incompetence or wilful violation by a
licensee may be determined through retesting procedures.
      (b)  The board may assess an administrative penalty against a
person or entity who violates a provision of this article, a law
administered by the board, or a rule or order adopted by the board
as provided by this section.
      (c)  The penalty for each violation may be in an amount not
to exceed $1,000.  Each day a violation continues or occurs may be
considered a separate violation for purposes of penalty assessment.
In determining the amount of the penalty, the board shall consider:
            (1)  the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the prohibited acts
and the hazard or potential hazard posed to the health or safety of
the public;
            (2)  the economic damage to property or the environment
caused by the violation;
            (3)  the history of previous violations;
            (4)  the amount necessary to deter future violations;
            (5)  efforts to correct the violation; and
            (6)  any other matter that justice may require.
      (d)  If the board proposes to assess an administrative
penalty, refuse a person's application for licensure, endorsement,
certification, or registration, or suspend or revoke a person's
license, endorsement, certification, or registration, the person is
entitled to a hearing, if requested, governed by the Administrative
Procedure Act, Chapter 2001, Government Code.
      (e)  The executive director or the executive director's staff
designee or staff designees shall oversee and conduct
investigations, conduct informal conferences, negotiate agreed
final orders, draft formal complaints, recommend administrative
penalties, and pursue cases involving violations of this article or
any regulatory statute administered by the board or any rule
adopted under this article or any rule adopted under any regulatory
statute administered by the board at the State Office of
Administrative Hearings.  Proceedings for assessing administrative
penalties or for the refusal, suspension, or revocation of a
license, endorsement, certification, or registration are subject to
the Administrative Procedure Act, Chapter 2001, Government Code.
      (f)  Within the 30-day period immediately following the day
on which a board order assessing an administrative penalty to a
person or entity becomes final as provided by Section 2001.144,
Government Code, the person or entity charged with the penalty
shall:
            (1)  pay the penalty in full; or
            (2)  if the person files a petition for judicial review
contesting either the fact of the violation or the amount of the
penalty or contesting both the fact of the violation and the amount
of the penalty:
                  (A)  forward the amount to the board for
placement in an escrow account; or
                  (B)  in lieu of payment into escrow, post with
the board a supersedeas bond in a form approved by the board for
the amount of the penalty, the bond to be effective until all
judicial review of the order or decision is final.
      (g)  If a person charged is financially unable to either
forward the amount of the penalty for placement in an escrow
account or post a supersedeas bond for the amount of the penalty,
the person may satisfy the requirements of Subsection (f)(2) of
this section by filing with the board an affidavit sworn by the
person charged, stating that the person is financially unable to
either forward the amount of the penalty or post a bond.
      (h)  If the person charged fails to pay the penalty in full
as provided under Subsection (f)(1) of this section or forward the
money, post the bond, or file the affidavit as provided by
Subsection (f) or (g) of this section, the board may forward the
matter to the attorney general for enforcement.
      (i)  Judicial review of the order or decision of the board
assessing the penalty shall be under the substantial evidence rule
and  shall be instituted by filing a petition with a district court
in Travis County, as provided by Subchapter G, Chapter 2001,
Government Code.
      (j)  If the penalty is reduced or not assessed by the court,
the board shall remit to the person charged the appropriate amount
plus accrued interest if the penalty has been paid or shall execute
a release of the bond if a supersedeas bond has been posted.  The
accrued interest on amounts remitted by the board under this
subsection shall be paid at a rate equal to the rate charged on
loans to depository institutions by the New York Federal Reserve
Bank and shall be paid for the period beginning on the date the
penalty is paid to the board under Subsection (f) of this section
and ending on the date the penalty is remitted.
      (k)  An administrative penalty collected under Subsection (b)
of this section shall be deposited in the general revenue fund.
      (l)  A person commits an offense if the person violates this
article or any regulatory statute administered by the board or any
rule adopted under this article or any rule adopted under any
regulatory statute administered by the board, engages in activities
for which a license, endorsement, certification, or registration is
required without a license, endorsement, certification, or
registration issued under this article, or employs or utilizes an
unlicensed, unendorsed, uncertified, or unregistered person to
engage in activities for which a license, endorsement,
certification, or registration is required by this article.  An
offense under this subsection is a Class C misdemeanor.
      (m)  A field representative of the board or, within the
jurisdiction of that municipality or water district, a municipal
inspector or water district inspector or other inspector authorized
to inspect work regulated by the board, may issue citations to
persons who engage in conduct described by Subsection (l) of this
section.
      (n)  Citations issued under Subsection (l) and Subsection (m)
of this section may be filed in a county justice court or municipal
court for adjudication of the offense or offenses.
      Sec. 23.  EFFECT OF FEDERAL REGULATIONS. The board shall
adopt rules for a law or program regulated by the board as
necessary to comply with any federal regulation that imposes
standards or requirements on that law or program.
      SECTION 2.  The Plumbing License Law (Article 6243-101,
Vernon's Texas Civil Statutes) is amended by adding Section 1A and
amending Section 3A to read as follows:
      Sec. 1A.  FUNCTIONS TRANSFERRED; BOARD ABOLISHED. (a)  This
Act is administered by the Texas State Board of Mechanical
Industries in accordance with Article 9150, Revised Statutes.  To
the extent of a conflict between this Act and Article 9150, Revised
Statutes, that article prevails.
      (b)  Any reference in this Act to the Texas State Board of
Plumbing Examiners means the Texas State Board of Mechanical
Industries.
      (c)  The Texas State Board of Plumbing Examiners is abolished
and the functions of that board are exercised by the Texas State
Board of Mechanical Industries.
      Sec. 3A.  CERTIFICATION RELATING TO RESIDENTIAL WATER
TREATMENT FACILITIES. (a)  The executive director of the Texas
State Board of Mechanical Industries or the executive director's
<Commissioner of Health or his> designee shall certify persons as
being qualified for the installation, exchange, servicing, and
repair of residential water treatment facilities <as defined by
Subsection (g) of Section 2 of this Act>.  The Texas State Board of
Mechanical Industries <Board of Health> shall set standards for
certification to ensure the public health and to protect the public
from unqualified persons engaging in activities relating to water
treatment.  Nothing in this section shall be construed to require
that persons licensed pursuant to this Act are subject to
certification under this section.
      (b)  <Before a certificate is issued or renewed under this
section, an applicant or holder of a certificate shall be required
to pay a fee of $10 a year.>  On receipt of the required fee, the
Texas State Board of Mechanical Industries <Department of Health>
shall issue to a qualified person a certificate stating that the
person is qualified for the installation, exchange, servicing, and
repair of residential water treatment facilities.  The Texas State
Board of Mechanical Industries <Board of Health> shall adopt rules
establishing classes of certificates, duration of certificates, and
fees.
      (c)  All fees received by the Texas State Board of Mechanical
Industries <Department of Health> under this section shall be
deposited in the State Treasury to the credit of the General
Revenue Fund.
      SECTION 3.  The Air Conditioning and Refrigeration Contractor
License Law (Article 8861, Vernon's Texas Civil Statutes) is
amended by adding Section 1A to read as follows:
      Sec. 1A.  FUNCTIONS TRANSFERRED; ADVISORY BOARD ABOLISHED.
(a)  This Act is administered by the Texas State Board of
Mechanical Industries in accordance with Article 9150, Revised
Statutes. To the extent of a conflict between this Act and Article
9150, Revised Statutes, that article prevails.
      (b)  Any reference in this Act to the Texas Department of
Licensing and Regulation, the commissioner of licensing and
regulation, or the Air Conditioning and Refrigeration Contractors
Advisory Board means the Texas State Board of Mechanical
Industries.
      (c)  The Air Conditioning and Refrigeration Contractors
Advisory Board is abolished and the functions of that board and the
functions, under this Act, of the Texas Department of Licensing and
Regulation and the commissioner of licensing and regulation are
exercised by the Texas State Board of Mechanical Industries.
      SECTION 4.  Section 341.033(f), Health and Safety Code, is
amended to read as follows:
      (f)  A public drinking water supply may not be connected to a
sprinkling, condensing, cooling, plumbing, or other system unless
the connection is designed to ensure against a backflow or
siphonage of sewage or contaminated water into the drinking water
supply.  Notwithstanding any other provision of this chapter, this
subsection is administered by the Texas State Board of Mechanical
Industries in accordance with Article 9150, Revised Statutes.  To
the extent of a conflict between this chapter and Article 9150,
Revised Statutes, regarding the administration of this subsection,
Article 9150 prevails.  Any reference in this chapter to the Texas
Natural Resource Conservation Commission, as it applies to this
subsection, means the Texas State Board of Mechanical Industries.
      SECTION 5.  Chapter 372, Health and Safety Code, is amended
by adding Section 372.0015 to read as follows:
      Sec. 372.0015.  FUNCTIONS TRANSFERRED. (a)  This chapter is
administered by the Texas State Board of Mechanical Industries in
accordance with Article 9150, Revised Statutes. To the extent of a
conflict between this chapter and Article 9150, Revised Statutes,
that article prevails.
      (b)  Any reference in this chapter to the Texas Natural
Resource Conservation Commission means the Texas State Board of
Mechanical Industries.
      SECTION 6.  Chapter 34, Water Code, is amended by adding
Section 34.0015 to read as follows:
      Sec. 34.0015.  FUNCTIONS TRANSFERRED; COUNCIL ABOLISHED.
(a)  This chapter is administered by the Texas State Board of
Mechanical Industries in accordance with Article 9150, Revised
Statutes. To the extent of a conflict between this chapter and
Article 9150, Revised Statutes, that article prevails.
      (b)  Any reference in this chapter to the Texas Natural
Resource Conservation Commission or the Texas irrigators advisory
council means the Texas State Board of Mechanical Industries.
      (c)  The Texas irrigators advisory council is abolished and
the functions of that board and the functions, under this chapter,
of the Texas Natural Resource Conservation Commission are exercised
by the Texas State Board of Mechanical Industries.
      SECTION 7.  (a)  As soon as possible after the effective date
of this Act, the governor shall appoint the initial members of the
Texas State Board of Mechanical Industries in accordance with
Article 9150, Revised Statutes, as added by this Act.
      (b)  A person who is serving on the day immediately before
the effective date of this Act as a member of the governing body of
an agency abolished by this Act is eligible for appointment to the
Texas State Board of Mechanical Industries if the person meets the
requirements set forth in Section 2, Article 9150, Revised
Statutes, as added by this Act.
      (c)  In making the initial appointments, the governor shall
designate members to serve terms as follows:
            (1)  three members to serve for terms expiring February
1, 2001;
            (2)  three members to serve for terms expiring February
1, 2003; and
            (3)  three members to serve for terms expiring February
1, 2005.
      (d)  The Texas State Board of Mechanical Industries may not
take any action and is not created until the day after the date the
last appointee to the initial board takes office.  On the date of
its creation, the board assumes its functions and:
            (1)  the Air Conditioning and Refrigeration Contractors
Advisory Board, Texas State Board of Plumbing Examiners, and Texas
irrigators advisory council are abolished;
            (2)  the obligations, rights, contracts, records and
other property, and personnel of, and unspent money appropriated to
or for, the abolished boards and council or the governing body for
the laws or programs transferred to the new board under this Act
are transferred to the Texas State Board of Mechanical Industries;
            (3)  the rules of the abolished boards and council or
the governing body for the laws or programs transferred to the new
board under this Act are continued in effect as rules of the Texas
State Board of Mechanical Industries until superseded by rule of
the new board;
            (4)  the licenses, certificates, permits, or
registrations in effect that were issued by the abolished boards or
council or the governing body for the laws or programs transferred
to the new board under this Act are continued in effect as
licenses, certificates, permits, or registrations of the Texas
State Board of Mechanical Industries;
            (5)  a complaint or investigation pending before the
abolished boards or council or the governing body for the laws or
programs transferred to the new board under this Act is transferred
without change in status to the Texas State Board of Mechanical
Industries;
            (6)  a contested case pending before the abolished
boards and council or the governing body for the laws or programs
transferred to the new board under this Act is transferred to the
Texas State Board of Mechanical Industries and actions taken in the
proceeding are treated as if taken by the Texas State Board of
Mechanical Industries; and
            (7)  any reference in a law to the abolished boards or
council means the Texas State Board of Mechanical Industries.
      (e)  Regardless of the changes in law made by this Act, until
the date that the Air Conditioning and Refrigeration Contractors
Advisory Board, Texas State Board of Plumbing Examiners, and Texas
irrigators advisory council are abolished as provided by this
section, the boards and council continue in existence and shall
administer their functions under the law that governed the boards
and council before the effective date of this Act, and the prior
law is continued in effect for that purpose.
      (f)  The Texas State Board of Mechanical Industries shall
adopt rules under this Act not later than December 1, 1999.
      SECTION 8.  The following laws are repealed:
            (1)  Sections 3(b), 4, 4a, 5A, 6, and 7, The Plumbing
License Law (Article 6243-101, Vernon's Texas Civil Statutes);
            (2)  Section 3A, Air Conditioning and Refrigeration
Contractor License Law (Article 8861, Vernon's Texas Civil
Statutes); and
            (3)  Section 34.003, Water Code.
      SECTION 9.  This Act takes effect September 1, 1999.
      SECTION 10.  The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.