By Yarbrough H.B. No. 2155
76R7005 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and operation of the Texas Board of
1-3 Plumbing and Mechanical Work and the regulation of plumbing and
1-4 mechanical 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 BOARD OF PLUMBING AND MECHANICAL WORK
1-9 Art. 9150. TEXAS BOARD OF PLUMBING AND MECHANICAL WORK
1-10 Sec. 1. DEFINITION. In this article, "board" means the
1-11 Texas Board of Plumbing and Mechanical Work.
1-12 Sec. 2. BOARD. (a) The Texas Board of Plumbing and
1-13 Mechanical Work 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 for at least five years;
2-2 (7) one member who is a licensed irrigator;
2-3 (8) one member who installs or services boilers in
2-4 this state;
2-5 (9) one member who is an industrial boiler plant
2-6 operator or building engineer who operates or supervises an
2-7 industrial boiler in this state;
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
5-27 of 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 boilers, Chapter 755, Health
6-14 and Safety Code;
6-15 (3) the law regulating environmental performance
6-16 standards for plumbing fixtures, Chapter 372, Health and Safety
6-17 Code;
6-18 (4) the Air Conditioning and Refrigeration Contractor
6-19 License Law (Article 8861, Vernon's Texas Civil Statutes); and
6-20 (5) the law regulating irrigators, Chapter 34, Water
6-21 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) boilers;
6-27 (4) air conditioning and refrigeration; and
7-1 (5) backflow prevention.
7-2 (b) The board may appoint additional advisory committees as
7-3 determined to be necessary by a majority of the board.
7-4 (c) A member of an advisory committee appointed under this
7-5 section serves a two-year term. An advisory committee member is
7-6 not entitled to compensation but is entitled to reimbursement for
7-7 actual and necessary expenses, including travel expenses, incurred
7-8 in performing duties as a member of the advisory committee.
7-9 Sec. 12. SEPARATE LICENSES. (a) The board shall issue
7-10 separate licenses, certificates, permits, or registrations for the
7-11 programs under Section 10 of this article in which a license,
7-12 certificate, permit, or registration is issued by the board.
7-13 (b) The board may issue more than one type of license,
7-14 certificate, permit, or registration to a person under a law
7-15 regulated by the board if the person is qualified to hold each of
7-16 the licenses, certificates, permits, or registrations issued. The
7-17 board shall adopt rules relating to the issuance of multiple
7-18 licenses, certificates, permits, or registrations to a person under
7-19 laws administered by the board.
7-20 Sec. 13. EXPENDITURES; AUDIT. (a) The board may authorize,
7-21 from funds appropriated to it, all necessary disbursements to carry
7-22 out this article and the laws and programs listed in Section 10 of
7-23 this article.
7-24 (b) The financial transactions of the board are subject to
7-25 audit by the state auditor in accordance with Chapter 321,
7-26 Government Code.
7-27 Sec. 14. ANNUAL FINANCIAL REPORT. The board shall file
8-1 annually with the governor and the presiding officer of each house
8-2 of the legislature a complete and detailed written report
8-3 accounting for all funds received and disbursed by the board during
8-4 the preceding fiscal year. The annual report must be in the form
8-5 and reported in the time provided by the General Appropriations
8-6 Act.
8-7 Sec. 15. PERSONNEL POLICIES. (a) The executive director or
8-8 the executive director's designee shall develop an intra-agency
8-9 career ladder program. The program shall require intra-agency
8-10 posting of all nonentry level positions concurrently with any
8-11 public posting.
8-12 (b) The executive director or the executive director's
8-13 designee shall develop a system of annual performance evaluations
8-14 based on measurable job tasks. All merit pay for board employees
8-15 must be based on the system established under this subsection.
8-16 Sec. 16. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
8-17 executive director or the executive director's designee shall
8-18 prepare and maintain a written policy statement that implements a
8-19 program of equal employment opportunity to ensure that all
8-20 personnel decisions are made without regard to race, color,
8-21 disability, sex, religion, age, or national origin.
8-22 (b) The policy statement must include:
8-23 (1) personnel policies, including policies relating to
8-24 recruitment, evaluation, selection, training, and promotion of
8-25 personnel, that show the intent of the board to avoid the unlawful
8-26 employment practices described by Chapter 21, Labor Code; and
8-27 (2) an analysis of the extent to which the composition
9-1 of the board's personnel is in accordance with state and federal
9-2 law and a description of reasonable methods to achieve compliance
9-3 with state and federal law.
9-4 (c) The policy statement must:
9-5 (1) be updated annually;
9-6 (2) be reviewed by the state Commission on Human
9-7 Rights for compliance with Subsection (b)(1); and
9-8 (3) be filed with the governor's office.
9-9 Sec. 17. PUBLIC INTEREST INFORMATION. (a) The board shall
9-10 prepare information of public interest describing the functions of
9-11 the board and the board's procedures by which complaints are filed
9-12 with and resolved by the board. The board shall make the
9-13 information available to the public and appropriate state agencies.
9-14 (b) The board by rule shall establish methods by which
9-15 consumers and service recipients are notified of the name, mailing
9-16 address, and telephone number of the board for the purpose of
9-17 directing complaints to the board. The board may provide for that
9-18 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; or
9-24 (3) in a bill for service provided by an individual or
9-25 entity regulated by the board.
9-26 (c) The board shall list along with its regular telephone
9-27 number the toll-free telephone number that may be called to present
10-1 a complaint about a health professional if the toll-free number is
10-2 established under other state law.
10-3 Sec. 18. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
10-4 shall develop and implement policies that provide the public with a
10-5 reasonable opportunity to appear before the board and to speak on
10-6 any issue under the jurisdiction of the board.
10-7 Sec. 19. PROGRAM ACCESSIBILITY. The board shall prepare and
10-8 maintain a written plan that describes how a person who does not
10-9 speak English can be provided reasonable access to the board's
10-10 programs. The board shall also comply with federal and state laws
10-11 for program and facility accessibility.
10-12 Sec. 20. BOARD MEMBER TRAINING; STANDARDS OF CONDUCT
10-13 INFORMATION. (a) A person who is appointed to and qualifies for
10-14 office as a member of the board may not vote, deliberate, or be
10-15 counted as a member in attendance at a meeting of the board until
10-16 the person completes a training program that complies with this
10-17 section.
10-18 (b) The training program must provide the person with
10-19 information regarding:
10-20 (1) this article and the statutes enforced by the
10-21 board;
10-22 (2) the programs operated by the board;
10-23 (3) the role and functions of the board;
10-24 (4) the rules of the board with an emphasis on the
10-25 rules that relate to disciplinary and investigatory authority;
10-26 (5) the current budget for the board;
10-27 (6) the results of the most recent formal audit of the
11-1 board;
11-2 (7) the requirements of:
11-3 (A) the open meetings law, Chapter 551,
11-4 Government Code;
11-5 (B) the public information law, Chapter 552,
11-6 Government Code;
11-7 (C) the administrative procedure law, Chapter
11-8 2001, Government Code; and
11-9 (D) other laws relating to public officials,
11-10 including conflict-of-interest laws; and
11-11 (8) any applicable ethics policies adopted by the
11-12 board or the Texas Ethics Commission.
11-13 (c) A person appointed to the board is entitled to
11-14 reimbursement, as provided by the General Appropriations Act, for
11-15 the travel expenses incurred in attending the training program
11-16 regardless of whether the attendance at the program occurs before
11-17 or after the person qualifies for office.
11-18 (d) The executive director or the executive director's
11-19 designee shall provide to members of the board and to board
11-20 employees, as often as necessary, information regarding the
11-21 requirements for office or employment under this article, including
11-22 information regarding a person's responsibilities under applicable
11-23 laws relating to standards of conduct for state officers or
11-24 employees.
11-25 Sec. 21. SUNSET PROVISION. The Texas Board of Plumbing and
11-26 Mechanical Work is subject to Chapter 325, Government Code (Texas
11-27 Sunset Act). Unless continued in existence as provided by that
12-1 chapter, the board is abolished and this article expires September
12-2 1, 2011.
12-3 Sec. 22. ADMINISTRATIVE PENALTIES. (a) The board may
12-4 assess an administrative penalty against a person who violates a
12-5 provision of this article, a law administered by the board, or a
12-6 rule or order adopted by the board as provided by this section.
12-7 (b) The penalty for each violation may be in an amount not
12-8 to exceed $1,000. Each day a violation continues or occurs may be
12-9 considered a separate violation for purposes of penalty assessment.
12-10 (c) In determining the amount of the penalty, the board
12-11 shall consider:
12-12 (1) the seriousness of the violation, including the
12-13 nature, circumstances, extent, and gravity of the prohibited acts
12-14 and the hazard or potential hazard posed to the health or safety of
12-15 the public;
12-16 (2) the economic damage to property or the environment
12-17 caused by the violation;
12-18 (3) the history of previous violations;
12-19 (4) the amount necessary to deter future violations;
12-20 (5) efforts to correct the violation; and
12-21 (6) any other matter that justice may require.
12-22 (d) If, after investigation of a possible violation and the
12-23 facts surrounding that possible violation, the executive director
12-24 determines that a violation has occurred, the executive director
12-25 may issue a violation report stating the facts on which the
12-26 conclusion that a violation occurred is based, recommending that an
12-27 administrative penalty under this section be imposed on the person
13-1 charged, and recommending the amount of that proposed penalty. The
13-2 executive director shall base the recommended amount of the
13-3 proposed penalty on the seriousness of the violation determined by
13-4 consideration of the factors set forth in Subsection (c) of this
13-5 section.
13-6 (e) Not later than the 14th day after the date on which the
13-7 report is issued, the executive director shall give written notice
13-8 of the report to the person charged. The notice shall include a
13-9 brief summary of the charges, a statement of the amount of the
13-10 penalty recommended, and a statement of the right of the person
13-11 charged to a hearing on the occurrence of the violation or the
13-12 amount of the penalty, or both the occurrence of the violation and
13-13 the amount of the penalty.
13-14 (f) Not later than the 20th day after the date on which
13-15 notice is received, the person charged may accept the determination
13-16 of the executive director made under Subsection (d) of this
13-17 section, including the recommended penalty, or may make a written
13-18 request for a hearing on the determination.
13-19 (g) If the person charged with the violation accepts the
13-20 determination of the executive director, the board shall issue an
13-21 order approving the determination and ordering the payment of the
13-22 recommended penalty.
13-23 (h) If the person charged requests a hearing or fails to
13-24 timely respond to the notice, the executive director shall set a
13-25 hearing and give notice of the hearing. The hearing shall be held
13-26 by a hearing examiner designated by the board. The hearing
13-27 examiner shall make findings of fact and conclusions of law and
14-1 promptly issue to the board a proposal for decision as to the
14-2 occurrence of the violation, including a recommendation as to the
14-3 amount of the proposed penalty if a penalty is warranted. Based on
14-4 the findings of fact, conclusions of law, and recommendations of
14-5 the hearing examiner, the board by order may find a violation has
14-6 occurred and may assess a penalty or may find that no violation has
14-7 occurred. All proceedings under this subsection are subject to
14-8 Chapter 2001, Government Code.
14-9 (i) The board shall give notice of the board's order to the
14-10 person charged. The notice shall include:
14-11 (1) the findings of fact and conclusions of law
14-12 separately stated;
14-13 (2) the amount of the penalty ordered, if any;
14-14 (3) a statement of the right of the person charged to
14-15 judicial review of the board's order, if any; and
14-16 (4) other information required by law.
14-17 (j) Within the 30-day period immediately following the day
14-18 on which the order becomes final as provided by Section 2001.144,
14-19 Government Code, the person charged with the penalty shall:
14-20 (1) pay the penalty in full; or
14-21 (2) if the person files a petition for judicial review
14-22 contesting either the fact of the violation or the amount of the
14-23 penalty or contesting both the fact of the violation and the amount
14-24 of the penalty:
14-25 (A) forward the amount to the board for
14-26 placement in an escrow account; or
14-27 (B) in lieu of payment into escrow, post with
15-1 the board a supersedeas bond in a form approved by the board for
15-2 the amount of the penalty, the bond to be effective until all
15-3 judicial review of the order or decision is final.
15-4 (k) If a person charged is financially unable to either
15-5 forward the amount of the penalty for placement in an escrow
15-6 account or post a supersedeas bond for the amount of the penalty,
15-7 the person may satisfy the requirements of Subsection (j)(2) of
15-8 this section by filing with the board an affidavit sworn by the
15-9 person charged, stating that the person is financially unable to
15-10 either forward the amount of the penalty or post a bond.
15-11 (l) If the person charged fails to pay the penalty in full
15-12 as provided under Subsection (j)(1) of this section or forward the
15-13 money, post the bond, or file the affidavit as provided by
15-14 Subsection (j) or (k) of this section, the board may forward the
15-15 matter to the attorney general for enforcement.
15-16 (m) Judicial review of the order or decision of the board
15-17 assessing the penalty shall be under the substantial evidence rule
15-18 and shall be instituted by filing a petition with a district court
15-19 in Travis County, as provided by Subchapter G, Chapter 2001,
15-20 Government Code.
15-21 (n) If the penalty is reduced or not assessed by the court,
15-22 the board shall remit to the person charged the appropriate amount
15-23 plus accrued interest if the penalty has been paid or shall execute
15-24 a release of the bond if a supersedeas bond has been posted. The
15-25 accrued interest on amounts remitted by the board under this
15-26 subsection shall be paid at a rate equal to the rate charged on
15-27 loans to depository institutions by the New York Federal Reserve
16-1 Bank and shall be paid for the period beginning on the date the
16-2 penalty is paid to the board under Subsection (j) of this section
16-3 and ending on the date the penalty is remitted.
16-4 (o) A penalty collected under this section shall be
16-5 deposited in the general revenue fund.
16-6 Sec. 23. EFFECT OF FEDERAL REGULATIONS. The board shall
16-7 adopt rules for a law or program regulated by the board as
16-8 necessary to comply with any federal regulation that imposes
16-9 standards or requirements on that law or program.
16-10 SECTION 2. The Plumbing License Law (Article 6243-101,
16-11 Vernon's Texas Civil Statutes) is amended by adding Section 1A to
16-12 read as follows:
16-13 Sec. 1A. FUNCTIONS TRANSFERRED; BOARD ABOLISHED. (a) This
16-14 Act is administered by the Texas Board of Plumbing and Mechanical
16-15 Work in accordance with Article 9150, Revised Statutes. To the
16-16 extent of a conflict between this Act and Article 9150, Revised
16-17 Statutes, that article prevails.
16-18 (b) Any reference in this Act to the Texas State Board of
16-19 Plumbing Examiners means the Texas Board of Plumbing and Mechanical
16-20 Work.
16-21 (c) The Texas State Board of Plumbing Examiners is abolished
16-22 and the functions of that board are exercised by the Texas Board of
16-23 Plumbing and Mechanical Work.
16-24 SECTION 3. The Air Conditioning and Refrigeration Contractor
16-25 License Law (Article 8861, Vernon's Texas Civil Statutes) is
16-26 amended by adding Section 1A to read as follows:
16-27 Sec. 1A. FUNCTIONS TRANSFERRED; ADVISORY BOARD ABOLISHED.
17-1 (a) This Act is administered by the Texas Board of Plumbing and
17-2 Mechanical Work in accordance with Article 9150, Revised Statutes.
17-3 To the extent of a conflict between this Act and Article 9150,
17-4 Revised Statutes, that article prevails.
17-5 (b) Any reference in this Act to the Texas Department of
17-6 Licensing and Regulation, the commissioner of licensing and
17-7 regulation, or the Air Conditioning and Refrigeration Contractors
17-8 Advisory Board means the Texas Board of Plumbing and Mechanical
17-9 Work.
17-10 (c) The Air Conditioning and Refrigeration Contractors
17-11 Advisory Board is abolished and the functions of that board and the
17-12 functions, under this Act, of the Texas Department of Licensing and
17-13 Regulation and the commissioner of licensing and regulation are
17-14 exercised by the Texas Board of Plumbing and Mechanical Work.
17-15 SECTION 4. Chapter 372, Health and Safety Code, is amended
17-16 by adding Section 372.0015 to read as follows:
17-17 Sec. 372.0015. FUNCTIONS TRANSFERRED. (a) This chapter is
17-18 administered by the Texas Board of Plumbing and Mechanical Work in
17-19 accordance with Article 9150, Revised Statutes. To the extent of a
17-20 conflict between this chapter and Article 9150, Revised Statutes,
17-21 that article prevails.
17-22 (b) Any reference in this chapter to the Texas Natural
17-23 Resource Conservation Commission means the Texas Board of Plumbing
17-24 and Mechanical Work.
17-25 SECTION 5. Subchapter A, Chapter 755, Health and Safety
17-26 Code, is amended by adding Section 755.002 to read as follows:
17-27 Sec. 755.002. FUNCTIONS TRANSFERRED; BOARD ABOLISHED.
18-1 (a) This chapter is administered by the Texas Board of Plumbing
18-2 and Mechanical Work in accordance with Article 9150, Revised
18-3 Statutes. To the extent of a conflict between this chapter and
18-4 Article 9150, Revised Statutes, that article prevails.
18-5 (b) Any reference in this chapter to the Texas Department of
18-6 Licensing and Regulation, the commissioner of licensing and
18-7 regulation, or the Board of Boiler Rules means the Texas Board of
18-8 Plumbing and Mechanical Work.
18-9 (c) The Board of Boiler Rules is abolished and the functions
18-10 of that board and the functions, under this chapter, of the Texas
18-11 Department of Licensing and Regulation and the commissioner of
18-12 licensing and regulation are exercised by the Texas Board of
18-13 Plumbing and Mechanical Work.
18-14 SECTION 6. Chapter 34, Water Code, is amended by adding
18-15 Section 34.0015 to read as follows:
18-16 Sec. 34.0015. FUNCTIONS TRANSFERRED; COUNCIL ABOLISHED.
18-17 (a) This chapter is administered by the Texas Board of Plumbing
18-18 and Mechanical Work in accordance with Article 9150, Revised
18-19 Statutes. To the extent of a conflict between this chapter and
18-20 Article 9150, Revised Statutes, that article prevails.
18-21 (b) Any reference in this chapter to the Texas Natural
18-22 Resource Conservation Commission or the Texas irrigators advisory
18-23 council means the Texas Board of Plumbing and Mechanical Work.
18-24 (c) The Texas irrigators advisory council is abolished and
18-25 the functions of that board and the functions, under this chapter,
18-26 of the Texas Natural Resource Conservation Commission are exercised
18-27 by the Texas Board of Plumbing and Mechanical Work.
19-1 SECTION 7. (a) As soon as possible after the effective date
19-2 of this Act, the governor shall appoint the initial members of the
19-3 Texas Board of Plumbing and Mechanical Work in accordance with
19-4 Article 9150, Revised Statutes, as added by this Act.
19-5 (b) A person who is serving on the day immediately before
19-6 the effective date of this Act as a member of the governing body of
19-7 an agency abolished by this Act is not eligible for appointment to
19-8 the Texas Board of Plumbing and Mechanical Work.
19-9 (c) In making the initial appointments, the governor shall
19-10 designate members to serve terms as follows:
19-11 (1) one master plumber member, one licensed backflow
19-12 prevention specialist member, one plumbing inspector member, one
19-13 irrigator member, and one public member serve for terms expiring
19-14 February 1, 2001;
19-15 (2) one journeyman plumber member, one industrial
19-16 boiler plant operator or building engineer member, one air
19-17 conditioning and refrigeration contractor member, one engineer
19-18 member, and one public member serve for terms expiring February 1,
19-19 2003; and
19-20 (3) one plumbing contractor member, one boiler
19-21 installer or servicer member, one air conditioning and
19-22 refrigeration license holder member, and two public members serve
19-23 for terms expiring February 1, 2005.
19-24 (d) The Texas Board of Plumbing and Mechanical Work may not
19-25 take any action and is not created until the day after the date the
19-26 last appointee to the initial board takes office. On the date of
19-27 its creation, the board assumes its functions and:
20-1 (1) the Air Conditioning and Refrigeration Contractors
20-2 Advisory Board, Texas State Board of Plumbing Examiners, Board of
20-3 Boiler Rules, and Texas irrigators advisory council are abolished;
20-4 (2) the obligations, rights, contracts, records and
20-5 other property, and personnel of, and unspent money appropriated to
20-6 or for, the abolished boards and council or the governing body for
20-7 the laws or programs transferred to the new board under this Act
20-8 are transferred to the Texas Board of Plumbing and Mechanical Work;
20-9 (3) the rules of the abolished boards and council or
20-10 the governing body for the laws or programs transferred to the new
20-11 board under this Act are continued in effect as rules of the Texas
20-12 Board of Plumbing and Mechanical Work until superseded by rule of
20-13 the new board;
20-14 (4) the licenses, certificates, permits, or
20-15 registrations in effect that were issued by the abolished boards or
20-16 council or the governing body for the laws or programs transferred
20-17 to the new board under this Act are continued in effect as
20-18 licenses, certificates, permits, or registrations of the Texas
20-19 Board of Plumbing and Mechanical Work;
20-20 (5) a complaint or investigation pending before the
20-21 abolished boards or council or the governing body for the laws or
20-22 programs transferred to the new board under this Act is transferred
20-23 without change in status to the Texas Board of Plumbing and
20-24 Mechanical Work;
20-25 (6) a contested case pending before the abolished
20-26 boards and council or the governing body for the laws or programs
20-27 transferred to the new board under this Act is transferred to the
21-1 Texas Board of Plumbing and Mechanical Work and actions taken in
21-2 the proceeding are treated as if taken by the Texas Board of
21-3 Plumbing and Mechanical Work; and
21-4 (7) any reference in a law to the abolished boards or
21-5 council means the Texas Board of Plumbing and Mechanical Work.
21-6 (e) Regardless of the changes in law made by this Act, until
21-7 the date that the Air Conditioning and Refrigeration Contractors
21-8 Advisory Board, Texas State Board of Plumbing Examiners, Board of
21-9 Boiler Rules, and Texas irrigators advisory council are abolished
21-10 as provided by this section, the boards and council continue in
21-11 existence and shall administer their functions under the law that
21-12 governed the boards and council before the effective date of this
21-13 Act, and the prior law is continued in effect for that purpose.
21-14 (f) The Texas Board of Plumbing and Mechanical Work shall
21-15 adopt rules under this Act not later than December 1, 1999.
21-16 SECTION 8. The following laws are repealed:
21-17 (1) Sections 4, 4a, 5A, 6, and 7, The Plumbing License
21-18 Law (Article 6243-101, Vernon's Texas Civil Statutes);
21-19 (2) Subchapter B, Chapter 755, Health and Safety Code;
21-20 (3) Section 3A, Air Conditioning and Refrigeration
21-21 Contractor License Law (Article 8861, Vernon's Texas Civil
21-22 Statutes); and
21-23 (4) Section 34.003, Water Code.
21-24 SECTION 9. This Act takes effect September 1, 1999.
21-25 SECTION 10. The importance of this legislation and the
21-26 crowded condition of the calendars in both houses create an
21-27 emergency and an imperative public necessity that the
22-1 constitutional rule requiring bills to be read on three several
22-2 days in each house be suspended, and this rule is hereby suspended.