By Yarbrough H.B. No. 2155 Substitute the following for H.B. No. 2155: By Wilson C.S.H.B. No. 2155 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation and operation of the Texas State Board of 1-3 Mechanical Industries and the regulation of plumbing and mechanical 1-4 laws and programs by that board; providing penalties. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. The Revised Statutes are amended by adding Title 1-7 132B to read as follows: 1-8 TITLE 132B. TEXAS STATE BOARD OF MECHANICAL INDUSTRIES 1-9 Art. 9150. TEXAS STATE BOARD OF MECHANICAL INDUSTRIES 1-10 Sec. 1. DEFINITION. In this article, "board" means the 1-11 Texas State Board of Mechanical Industries. 1-12 Sec. 2. BOARD. (a) The Texas State Board of Mechanical 1-13 Industries consists of 15 members as follows: 1-14 (1) one member who has at least 10 years of practical 1-15 experience as a master plumber; 1-16 (2) one member who has at least five years of 1-17 practical experience as a journeyman plumber; 1-18 (3) one member who has at least five years of 1-19 experience as a plumbing contractor; 1-20 (4) one member who has at least five years of 1-21 practical experience as a plumbing inspector; 1-22 (5) one member who is a licensed air conditioning and 1-23 refrigeration contractor; 1-24 (6) one member who has held an air conditioning and 2-1 refrigeration license A for at least five years; 2-2 (7) one member who has held an air conditioning and 2-3 refrigeration license B for at least five years; 2-4 (8) one member who is a licensed irrigation installer 2-5 for at least ten years; 2-6 (9) one member who is a licensed irrigation contractor 2-7 for at least five years; 2-8 (10) one member who is a licensed backflow prevention 2-9 specialist; 2-10 (11) one member who is a licensed engineer who has 2-11 professional engineering experience in plumbing design or 2-12 mechanical design; and 2-13 (12) four members who are representatives of the 2-14 public. 2-15 (b) Members of the board are appointed by the governor with 2-16 the advice and consent of the senate. 2-17 (c) Appointments to the board shall be made without regard 2-18 to the race, color, disability, sex, religion, age, or national 2-19 origin of the appointees. 2-20 Sec. 3. OFFICERS; MEETINGS; COMPENSATION. (a) The governor 2-21 shall designate a member of the board as the presiding officer of 2-22 the board to serve in that capacity at the will of the governor. 2-23 The board annually shall select an assistant presiding officer and 2-24 a secretary-treasurer. 2-25 (b) The board shall hold at least two regular meetings each 2-26 year. The board may not hold more than four meetings each year 2-27 unless at least nine members of the board request the presiding 3-1 officer in writing to call additional meetings. 3-2 (c) A member of the board is entitled to a per diem as set 3-3 by the General Appropriations Act for each day the member engages 3-4 in the business of the board. A member may not receive 3-5 compensation for travel expenses, including expenses for meals and 3-6 lodging, other than transportation expenses as provided by the 3-7 General Appropriations Act. 3-8 Sec. 4. TERMS. (a) Members of the board are appointed for 3-9 staggered six-year terms, with five members' terms expiring on 3-10 February 1 of each odd-numbered year. 3-11 (b) A member appointed to fill a vacancy shall hold office 3-12 for the remainder of that term. 3-13 Sec. 5. PUBLIC MEMBERSHIP RESTRICTION. A person may not be 3-14 a public member of the board if the person or the person's spouse: 3-15 (1) is registered, certified, or licensed by a 3-16 regulatory agency in the field of plumbing or mechanical work; 3-17 (2) is employed by or participates in the management 3-18 of a business entity or other organization regulated by or 3-19 receiving money from the board; 3-20 (3) owns or controls, directly or indirectly, more 3-21 than a 10 percent interest in a business entity or other 3-22 organization regulated by or receiving money from the board; or 3-23 (4) uses or receives a substantial amount of tangible 3-24 goods, services, or money from the board other than compensation or 3-25 reimbursement authorized by law for board membership, attendance, 3-26 or expenses. 3-27 Sec. 6. CONFLICT OF INTEREST RESTRICTIONS. (a) In this 4-1 section, "Texas trade association" means a cooperative and 4-2 voluntarily joined association of business or professional 4-3 competitors in this state designed to assist its members and its 4-4 industry or profession in dealing with mutual business or 4-5 professional problems and in promoting their common interest. 4-6 (b) A person may not be a member of the board and may not be 4-7 a board employee employed in a "bona fide executive, 4-8 administrative, or professional capacity," as that phrase is used 4-9 for purposes of establishing an exemption to the overtime 4-10 provisions of the federal Fair Labor Standards Act of 1938 (29 4-11 U.S.C. Section 201 et seq.) and its subsequent amendments, if: 4-12 (1) the person is an officer, employee, or paid 4-13 consultant of a Texas trade association in the field of plumbing or 4-14 mechanical work; or 4-15 (2) the person's spouse is an officer, manager, or 4-16 paid consultant of a Texas trade association in the field of 4-17 plumbing or mechanical work. 4-18 (c) A person may not be a member of the board or act as the 4-19 general counsel to the board if the person is required to register 4-20 as a lobbyist under Chapter 305, Government Code, because of the 4-21 person's activities for compensation on behalf of a profession 4-22 related to the operation of the board. 4-23 Sec. 7. EFFECT OF LOBBYING ACTIVITY. A person may not serve 4-24 as a member of the board or act as the general counsel to the board 4-25 if the person is required to register as a lobbyist under Chapter 4-26 305, Government Code, because of the person's activities for 4-27 compensation on behalf of a profession related to the operation of 5-1 the board. 5-2 Sec. 8. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground 5-3 for removal from the board that a member: 5-4 (1) does not have at the time of taking office the 5-5 qualifications required by Section 2 of this article; 5-6 (2) does not maintain during service on the board the 5-7 qualifications required by Section 2 of this article; 5-8 (3) is ineligible for membership under Section 5, 6, 5-9 or 7 of this article; 5-10 (4) cannot, because of illness or disability, 5-11 discharge the member's duties for a substantial part of the 5-12 member's term; or 5-13 (5) is absent from more than half of the regularly 5-14 scheduled board meetings that the member is eligible to attend 5-15 during a calendar year without an excuse approved by a majority 5-16 vote of the board. 5-17 (b) The validity of an action of the board is not affected 5-18 by the fact that it is taken when a ground for removal of a board 5-19 member exists. 5-20 (c) If the executive director has knowledge that a potential 5-21 ground for removal exists, the executive director shall notify the 5-22 presiding officer of the board of the potential ground. The 5-23 presiding officer shall then notify the governor and the attorney 5-24 general that a potential ground for removal exists. If the 5-25 potential ground for removal involves the presiding officer, the 5-26 executive director shall notify the next highest ranking officer of 5-27 the board, who shall then notify the governor and the attorney 6-1 general that a potential ground for removal exists. 6-2 Sec. 9. STAFF. (a) The board shall employ an executive 6-3 director and administrative and clerical employees as necessary to 6-4 carry out the board's functions. 6-5 (b) The board shall develop and implement policies that 6-6 clearly separate the policymaking responsibilities of the board and 6-7 the management responsibilities of the executive director and staff 6-8 of the board. 6-9 Sec. 10. REGULATORY STATUTES ADMINISTERED. The board shall 6-10 administer and enforce: 6-11 (1) The Plumbing License Law (Article 6243-101, 6-12 Vernon's Texas Civil Statutes); 6-13 (2) the law regulating environmental performance 6-14 standards for plumbing fixtures, Chapter 372, Health and Safety 6-15 Code; 6-16 (3) the Air Conditioning and Refrigeration Contractor 6-17 License Law (Article 8861, Vernon's Texas Civil Statutes); 6-18 (4) the law regulating irrigators, Chapter 34, Water 6-19 Code; and 6-20 (5) the law regulating certain connections to public 6-21 drinking water, Section 341.033(f), Health and Safety Code. 6-22 Sec. 11. ADVISORY COMMITTEES. (a) The board shall appoint 6-23 a separate advisory committee on each of the following: 6-24 (1) plumbing; 6-25 (2) irrigation; 6-26 (3) air conditioning and refrigeration; and 6-27 (4) backflow prevention. 7-1 (b) The board may appoint additional advisory committees as 7-2 determined to be necessary by a majority of the board. 7-3 (c) A member of an advisory committee appointed under this 7-4 section serves a two-year term. An advisory committee member is 7-5 not entitled to compensation but is entitled to reimbursement for 7-6 actual and necessary expenses, including travel expenses, incurred 7-7 in performing duties as a member of the advisory committee. 7-8 Sec. 12. SEPARATE LICENSES. (a) The board shall issue 7-9 separate licenses, certificates, permits, or registrations for the 7-10 programs under Section 10 of this article in which a license, 7-11 certificate, permit, or registration is issued by the board. 7-12 (b) The board may issue more than one type of license, 7-13 certificate, permit, or registration to a person under a law 7-14 regulated by the board if the person is qualified to hold each of 7-15 the licenses, certificates, permits, or registrations issued. The 7-16 board shall adopt rules relating to the issuance of multiple 7-17 licenses, certificates, permits, or registrations to a person under 7-18 laws administered by the board. 7-19 Sec. 13. EXPENDITURES; AUDIT. (a) The board may authorize, 7-20 from funds appropriated to it, all necessary disbursements to carry 7-21 out this article and the laws and programs listed in Section 10 of 7-22 this article. 7-23 (b) The financial transactions of the board are subject to 7-24 audit by the state auditor in accordance with Chapter 321, 7-25 Government Code. 7-26 Sec. 14. ANNUAL FINANCIAL REPORT. The board shall file 7-27 annually with the governor and the presiding officer of each house 8-1 of the legislature a complete and detailed written report 8-2 accounting for all funds received and disbursed by the board during 8-3 the preceding fiscal year. The annual report must be in the form 8-4 and reported in the time provided by the General Appropriations 8-5 Act. 8-6 Sec. 15. PERSONNEL POLICIES. (a) The executive director or 8-7 the executive director's designee shall develop an intra-agency 8-8 career ladder program. The program shall require intra-agency 8-9 posting of all non-entry level positions concurrently with any 8-10 public posting. 8-11 (b) The executive director or the executive director's 8-12 designee shall develop a system of annual performance evaluations 8-13 based on measurable job tasks. All merit pay for board employees 8-14 must be based on the system established under this subsection. 8-15 Sec. 16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The 8-16 executive director or the executive director's designee shall 8-17 prepare and maintain a written policy statement that implements a 8-18 program of equal employment opportunity to ensure that all 8-19 personnel decisions are made without regard to race, color, 8-20 disability, sex, religion, age, or national origin. 8-21 (b) The policy statement must include: 8-22 (1) personnel policies, including policies relating to 8-23 recruitment, evaluation, selection, training, and promotion of 8-24 personnel, that show the intent of the board to avoid the unlawful 8-25 employment practices described by Chapter 21, Labor Code; and 8-26 (2) an analysis of the extent to which the composition 8-27 of the board's personnel is in accordance with state and federal 9-1 law and a description of reasonable methods to achieve compliance 9-2 with state and federal law. 9-3 (c) The policy statement must: 9-4 (1) be updated annually; 9-5 (2) be reviewed by the state Commission on Human 9-6 Rights for compliance with Subsection (b)(1); and 9-7 (3) be filed with the governor's office. 9-8 Sec. 17. PUBLIC INTEREST INFORMATION. (a) The board shall 9-9 prepare information of public interest describing the functions of 9-10 the board and the board's procedures by which complaints are filed 9-11 with and resolved by the board. The board shall make the 9-12 information available to the public and appropriate state agencies. 9-13 (b) The board by rule shall establish methods by which 9-14 consumers and service recipients are notified of the name, mailing 9-15 address, and telephone number of the board and the license number 9-16 of the responsible licensee for the purpose of directing complaints 9-17 to the board. The board or the responsible licensee, as 9-18 appropriate, shall provide for that notification: 9-19 (1) on each registration form, application, or written 9-20 contract for services of an individual or entity regulated by the 9-21 board; 9-22 (2) on a sign prominently displayed in the place of 9-23 business of each individual or entity regulated by the board; and 9-24 (3) in a bill for service provided by an individual or 9-25 entity regulated by the board; and 9-26 (4) the company name and license number of the 9-27 responsible licensee shall be displayed on both sides of all 10-1 vehicles used in conjunction with contracting or performing work 10-2 regulated by the Board. 10-3 (c) The board shall list along with its regular telephone 10-4 number the toll-free telephone number that may be called to present 10-5 a complaint about a health professional if the toll-free number is 10-6 established under other state law. 10-7 Sec. 18. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board 10-8 shall develop and implement policies that provide the public with a 10-9 reasonable opportunity to appear before the board and to speak on 10-10 any issue under the jurisdiction of the board. 10-11 Sec. 19. PROGRAM ACCESSIBILITY. The board shall prepare and 10-12 maintain a written plan that describes how a person who does not 10-13 speak English can be provided reasonable access to the board's 10-14 programs. The board shall also comply with federal and state laws 10-15 for program and facility accessibility. 10-16 Sec. 20. BOARD MEMBER TRAINING; STANDARDS OF CONDUCT 10-17 INFORMATION. (a) A person who is appointed to and qualifies for 10-18 office as a member of the board may not vote, deliberate, or be 10-19 counted as a member in attendance at a meeting of the board until 10-20 the person completes a training program that complies with this 10-21 section. 10-22 (b) The training program must provide the person with 10-23 information regarding: 10-24 (1) this article and the statutes enforced by the 10-25 board; 10-26 (2) the programs operated by the board; 10-27 (3) the role and functions of the board; 11-1 (4) the rules of the board with an emphasis on the 11-2 rules that relate to disciplinary and investigatory authority; 11-3 (5) the current budget for the board; 11-4 (6) the results of the most recent formal audit of the 11-5 board; 11-6 (7) the requirements of: 11-7 (A) the open meetings law, Chapter 551, 11-8 Government Code; 11-9 (B) the public information law, Chapter 552, 11-10 Government Code; 11-11 (C) the administrative procedure law, Chapter 11-12 2001, Government Code; and 11-13 (D) other laws relating to public officials, 11-14 including conflict-of-interest laws; and 11-15 (8) any applicable ethics policies adopted by the 11-16 board or the Texas Ethics Commission. 11-17 (c) A person appointed to the board is entitled to 11-18 reimbursement, as provided by the General Appropriations Act, for 11-19 the travel expenses incurred in attending the training program 11-20 regardless of whether the attendance at the program occurs before 11-21 or after the person qualifies for office. 11-22 (d) The executive director or the executive director's 11-23 designee shall provide to members of the board and to board 11-24 employees, as often as necessary, information regarding the 11-25 requirements for office or employment under this article, including 11-26 information regarding a person's responsibilities under applicable 11-27 laws relating to standards of conduct for state officers or 12-1 employees. 12-2 Sec. 21. SUNSET PROVISION. The Texas State Board of 12-3 Mechanical Industries is subject to Chapter 325, Government Code 12-4 (Texas Sunset Act). Unless continued in existence as provided by 12-5 that chapter, the board is abolished and this article expires 12-6 September 1, 2011. 12-7 Sec. 22. PENALTIES. (a) The board shall revoke or suspend 12-8 a license, endorsement, certificate or registration, probate a 12-9 license, endorsement, certification or registration suspension, or 12-10 reprimand any person or entity regulated by the Board for any 12-11 violation of this Act or any regulatory statute administered by the 12-12 Board or any rule adopted under this Act or any rule adopted under 12-13 any regulatory statute administered by the Board. A violation of 12-14 this Act shall include but not be limited to: obtaining a license 12-15 through error or fraud; having recklessly, willfully, negligently 12-16 or arbitrarily violated municipal or other political subdivision 12-17 rules or ordinances regulating any work governed by the Board; 12-18 making a substantial misrepresentation of services to be provided 12-19 or which have been provided; making any false promise with intent 12-20 to influence, persuade, or induce an individual to contract for 12-21 services. Grounds for suspension or revocation of a license, 12-22 endorsement, certification or registration due to suspected 12-23 incompetence or willful violation by licensee may be determined 12-24 through retesting procedures. 12-25 (b) The Board may assess an administrative penalty against a 12-26 person or entity who violates a provision of this article, a law 12-27 administered by the Board, or a rule or order adopted by the Board 13-1 as provided by this section. 13-2 (c) The penalty for each violation may be in an amount not 13-3 to exceed $1,000. Each day a violation continues or occurs may be 13-4 considered a separate violation for purposes of penalty assessment. 13-5 In determining the amount of the penalty, the board shall consider: 13-6 (1) the seriousness of the violation, including the 13-7 nature, circumstances, extent, and gravity of the prohibited acts 13-8 and the hazard or potential hazard posed to the health or safety of 13-9 the public; 13-10 (2) the economic damage to property or the environment 13-11 caused by the violation; 13-12 (3) the history of previous violations; 13-13 (4) the amount necessary to deter future violations; 13-14 (5) efforts to correct the violation; and 13-15 (6) any other matter that justice may require. 13-16 (d) If the Board proposes to assess an administrative 13-17 penalty, refuse a person's application for licensure, endorsement, 13-18 certification or registration or to suspend or revoke a person's 13-19 license, endorsement, certification or registration, the person is 13-20 entitled to a hearing, if requested, governed by the Administrative 13-21 Procedure Act, Chapter 2001, Government Code. 13-22 (e) The executive director or the executive director's staff 13-23 designee or staff designees shall oversee and conduct 13-24 investigations, conduct informal conferences, negotiate agreed 13-25 final orders, draft formal complaints, recommend administrative 13-26 penalties, and pursue cases involving violations of this Act or any 13-27 regulatory statute administered by the Board or any rule adopted 14-1 under this Act or any rule adopted under any regulatory statute 14-2 administered by the Board at the State Office of Administrative 14-3 Hearings. Proceedings for assessing administrative penalties, the 14-4 refusal, suspension, or revocation of a license, endorsement, 14-5 certification or registration are subject to the Administrative 14-6 Procedure Act, Chapter 2001, Government Code. 14-7 (f) Within the 30-day period immediately following the day 14-8 on which a Board order assessing an administrative penalty to a 14-9 person or entity becomes final as provided by Section 2001.144, 14-10 Government Code, the person or entity charged with the penalty 14-11 shall: 14-12 (1) pay the penalty in full; or 14-13 (2) if the person files a petition for judicial review 14-14 contesting either the fact of the violation or the amount of the 14-15 penalty or contesting both the fact of the violation and the amount 14-16 of the penalty: 14-17 (A) forward the amount to the board for 14-18 placement in an escrow account; or 14-19 (B) in lieu of payment into escrow, post with 14-20 the board a supersedeas bond in a form approved by the board for 14-21 the amount of the penalty, the bond to be effective until all 14-22 judicial review of the order or decision is final. 14-23 (g) If a person charged is financially unable to either 14-24 forward the amount of the penalty for placement in an escrow 14-25 account or post a supersedeas bond for the amount of the penalty, 14-26 the person may satisfy the requirements of Subsection (f)(2) of 14-27 this section by filing with the board an affidavit sworn by the 15-1 person charged, stating that the person is financially unable to 15-2 either forward the amount of the penalty or post a bond. 15-3 (h) If the person charged fails to pay the penalty in full 15-4 as provided under Subsection (f)(1) of this section or forward the 15-5 money, post the bond, or file the affidavit as provided by 15-6 Subsection (f) or (g) of this section, the board may forward the 15-7 matter to the attorney general for enforcement. 15-8 (i) Judicial review of the order or decision of the board 15-9 assessing the penalty shall be under the substantial evidence rule 15-10 and shall be instituted by filing a petition with a district court 15-11 in Travis County, as provided by Subchapter G, Chapter 2001, 15-12 Government Code. 15-13 (j) If the penalty is reduced or not assessed by the court, 15-14 the board shall remit to the person charged the appropriate amount 15-15 plus accrued interest if the penalty has been paid or shall execute 15-16 a release of the bond if a supersedeas bond has been posted. The 15-17 accrued interest on amounts remitted by the board under this 15-18 subsection shall be paid at a rate equal to the rate charged on 15-19 loans to depository institutions by the New York Federal Reserve 15-20 Bank and shall be paid for the period beginning on the date the 15-21 penalty is paid to the board under Subsection (f) of this section 15-22 and ending on the date the penalty is remitted. 15-23 (k) An administrative penalty collected under Subsection (b) 15-24 of this section shall be deposited in the general revenue fund. 15-25 (l) A person commits an offense if the person violates this 15-26 Act or any regulatory statute administered by the Board or any rule 15-27 adopted under this Act or any rule adopted under any regulatory 16-1 statute administered by the Board, engages in activities for which 16-2 a license, endorsement, certification or registration is required 16-3 without a license, endorsement, certification or registration is 16-4 issued under this Act, or employs or utilizes an unlicensed, 16-5 unendorsed, uncertified, or unregistered person to engage in 16-6 activities for which a license, endorsement, certification or 16-7 registration is required by this Act. An offense under this 16-8 subsection is a Class C misdemeanor. 16-9 (m) A field representative of the board or, within the 16-10 jurisdiction of that municipality or water district, a municipal 16-11 inspector or water district inspector or other inspector authorized 16-12 to inspect work regulated by the board, may issue citations to 16-13 persons who engage in conduct described by Subsection (l) of this 16-14 Section. 16-15 (n) Citations issued under Subsection (l) and Subsection (m) 16-16 of this Section may be filed in a county justice court or municipal 16-17 court for adjudication of the offense or offenses. 16-18 Sec. 23. EFFECT OF FEDERAL REGULATIONS. The board shall 16-19 adopt rules for a law or program regulated by the board as 16-20 necessary to comply with any federal regulation that imposes 16-21 standards or requirements on that law or program. 16-22 SECTION 2. The Plumbing License Law (Article 6243-101, 16-23 Vernon's Texas Civil Statutes) is amended by adding Section 1A to 16-24 read as follows: 16-25 Sec. 1A. FUNCTIONS TRANSFERRED; BOARD ABOLISHED. (a) This 16-26 Act is administered by the Texas State Board of Mechanical 16-27 Industries in accordance with Article 9150, Revised Statutes. To 17-1 the extent of a conflict between this Act and Article 9150, Revised 17-2 Statutes, that article prevails. 17-3 (b) Any reference in this Act to the Texas State Board of 17-4 Plumbing Examiners means the Texas State Board of Mechanical 17-5 Industries. 17-6 (c) The Texas State Board of Plumbing Examiners is abolished 17-7 and the functions of that board are exercised by the Texas State 17-8 Board of Mechanical Industries. 17-9 SECTION 3. The Air Conditioning and Refrigeration Contractor 17-10 License Law (Article 8861, Vernon's Texas Civil Statutes) is 17-11 amended by adding Section 1A to read as follows: 17-12 Sec. 1A. FUNCTIONS TRANSFERRED; ADVISORY BOARD ABOLISHED. 17-13 (a) This Act is administered by the Texas State Board of 17-14 Mechanical Industries in accordance with Article 9150, Revised 17-15 Statutes. To the extent of a conflict between this Act and Article 17-16 9150, Revised Statutes, that article prevails. 17-17 (b) Any reference in this Act to the Texas Department of 17-18 Licensing and Regulation, the commissioner of licensing and 17-19 regulation, or the Air Conditioning and Refrigeration Contractors 17-20 Advisory Board means the Texas State Board of Mechanical 17-21 Industries. 17-22 (c) The Air Conditioning and Refrigeration Contractors 17-23 Advisory Board is abolished and the functions of that board and the 17-24 functions, under this Act, of the Texas Department of Licensing and 17-25 Regulation and the commissioner of licensing and regulation are 17-26 exercised by the Texas State Board of Mechanical Industries. 17-27 SECTION 4. Section 341.033(f), Health and Safety Code, is 18-1 amended by adding to read as follows: 18-2 (f) A public drinking water supply may not be connected to a 18-3 sprinkling, condensing, cooling, plumbing, or other system unless 18-4 the connection is designed to ensure against a backflow or 18-5 siphonage of sewage or contaminated water into the drinking water 18-6 supply. Notwithstanding any other provision of this chapter, this 18-7 subsection is administered by the Texas State Board of Mechanical 18-8 Industries in accordance with Article 9150, Revised Statutes. To 18-9 the extent of a conflict between this chapter and Article 9150, 18-10 Revised Statutes, regarding the administration of this subsection, 18-11 Article 9150 prevails. Any reference in this chapter to the Texas 18-12 Natural Resource Conservation Commission, as it applies to this 18-13 subsection, means the Texas State Board of Mechanical Industries. 18-14 SECTION 5. Chapter 372, Health and Safety Code, is amended 18-15 by adding Section 372.0015 to read as follows: 18-16 Sec. 372.0015. FUNCTIONS TRANSFERRED. (a) This chapter is 18-17 administered by the Texas State Board of Mechanical Industries in 18-18 accordance with Article 9150, Revised Statutes. To the extent of a 18-19 conflict between this chapter and Article 9150, Revised Statutes, 18-20 that article prevails. 18-21 (b) Any reference in this chapter to the Texas Natural 18-22 Resource Conservation Commission means the Texas State Board of 18-23 Mechanical Industries. 18-24 SECTION 6. Chapter 34, Water Code, is amended by adding 18-25 Section 34.0015 to read as follows: 18-26 Sec. 34.0015. FUNCTIONS TRANSFERRED; COUNCIL ABOLISHED. 18-27 (a) This chapter is administered by the Texas State Board of 19-1 Mechanical Industries in accordance with Article 9150, Revised 19-2 Statutes. To the extent of a conflict between this chapter and 19-3 Article 9150, Revised Statutes, that article prevails. 19-4 (b) Any reference in this chapter to the Texas Natural 19-5 Resource Conservation Commission or the Texas irrigators advisory 19-6 council means the Texas State Board of Mechanical Industries. 19-7 (c) The Texas irrigators advisory council is abolished and 19-8 the functions of that board and the functions, under this chapter, 19-9 of the Texas Natural Resource Conservation Commission are exercised 19-10 by the Texas State Board of Mechanical Industries. 19-11 SECTION 7. (a) As soon as possible after the effective date 19-12 of this Act, the governor shall appoint the initial members of the 19-13 Texas State Board of Mechanical Industries in accordance with 19-14 Article 9150, Revised Statutes, as added by this Act. 19-15 (b) A person who is serving on the day immediately before 19-16 the effective date of this Act as a member of the governing body of 19-17 an agency abolished by this Act is eligible for appointment to the 19-18 Texas State Board of Mechanical Industries if the person meets the 19-19 requirements set forth in Section 2, Article 9150, Revised 19-20 Statutes, as added by this Act. 19-21 (c) In making the initial appointments, the governor shall 19-22 designate members to serve terms as follows: 19-23 (1) one master plumber member, one licensed backflow 19-24 prevention specialist member, one plumbing inspector member, one 19-25 licensed irrigation installer member, and one public member serve 19-26 for terms expiring February 1, 2001; 19-27 (2) one journeyman plumber member, one air 20-1 conditioning and refrigeration contractor member, one engineer 20-2 member, one air conditioning and refrigeration license A member, 20-3 and one public member serve for terms expiring February 1, 2003; 20-4 and 20-5 (3) one plumbing contractor member, one air 20-6 conditioning and refrigeration license B member, licensed 20-7 irrigation contractor, and two public members serve for terms 20-8 expiring February 1, 2005. 20-9 (d) The Texas State Board of Mechanical Industries may not 20-10 take any action and is not created until the day after the date the 20-11 last appointee to the initial board takes office. On the date of 20-12 its creation, the board assumes its functions and: 20-13 (1) the Air Conditioning and Refrigeration Contractors 20-14 Advisory Board, Texas State Board of Plumbing Examiners, and Texas 20-15 irrigators advisory council are abolished; 20-16 (2) the obligations, rights, contracts, records and 20-17 other property, and personnel of, and unspent money appropriated to 20-18 or for, the abolished boards and council or the governing body for 20-19 the laws or programs transferred to the new board under this Act 20-20 are transferred to the Texas State Board of Mechanical Industries; 20-21 (3) the rules of the abolished boards and council or 20-22 the governing body for the laws or programs transferred to the new 20-23 board under this Act are continued in effect as rules of the Texas 20-24 State Board of Mechanical Industries until superseded by rule of 20-25 the new board; 20-26 (4) the licenses, certificates, permits, or 20-27 registrations in effect that were issued by the abolished boards or 21-1 council or the governing body for the laws or programs transferred 21-2 to the new board under this Act are continued in effect as 21-3 licenses, certificates, permits, or registrations of the Texas 21-4 State Board of Mechanical Industries; 21-5 (5) a complaint or investigation pending before the 21-6 abolished boards or council or the governing body for the laws or 21-7 programs transferred to the new board under this Act is transferred 21-8 without change in status to the Texas State Board of Mechanical 21-9 Industries; 21-10 (6) a contested case pending before the abolished 21-11 boards and council or the governing body for the laws or programs 21-12 transferred to the new board under this Act is transferred to the 21-13 Texas State Board of Mechanical Industries and actions taken in the 21-14 proceeding are treated as if taken by the Texas State Board of 21-15 Mechanical Industries; and 21-16 (7) any reference in a law to the abolished boards or 21-17 council means the Texas State Board of Mechanical Industries. 21-18 (e) Regardless of the changes in law made by this Act, until 21-19 the date that the Air Conditioning and Refrigeration Contractors 21-20 Advisory Board, Texas State Board of Plumbing Examiners, and Texas 21-21 irrigators advisory council are abolished as provided by this 21-22 section, the boards and council continue in existence and shall 21-23 administer their functions under the law that governed the boards 21-24 and council before the effective date of this Act, and the prior 21-25 law is continued in effect for that purpose. 21-26 (f) The Texas State Board of Mechanical Industries shall 21-27 adopt rules under this Act not later than December 1, 1999. 22-1 SECTION 8. The following laws are repealed: 22-2 (1) Sections 4, 4a, 5A, 6, and 7, The Plumbing License 22-3 Law (Article 6243-101, Vernon's Texas Civil Statutes); 22-4 (2) Section 3A, Air Conditioning and Refrigeration 22-5 Contractor License Law (Article 8861, Vernon's Texas Civil 22-6 Statutes); and 22-7 (3) Section 34.003, Water Code. 22-8 SECTION 9. This Act takes effect September 1, 1999. 22-9 SECTION 10. The importance of this legislation and the 22-10 crowded condition of the calendars in both houses create an 22-11 emergency and an imperative public necessity that the 22-12 constitutional rule requiring bills to be read on three several 22-13 days in each house be suspended, and this rule is hereby suspended.