1-1     By:  Yarbrough (Senate Sponsor - Harris)              H.B. No. 2155
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 12, 1999, rereferred to Committee on Administration;
 1-5     May 14, 1999, reported favorably by the following vote:  Yeas 3,
 1-6     Nays 0; May 14, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the creation and operation of the Texas State Board of
1-10     Mechanical Industries and the regulation of plumbing and mechanical
1-11     laws and programs by that board; providing penalties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  The Revised Statutes are amended by adding Title
1-14     132B to read as follows:
1-15           TITLE 132B.  TEXAS STATE BOARD OF MECHANICAL INDUSTRIES
1-16           Art. 9150.  TEXAS STATE BOARD OF MECHANICAL INDUSTRIES
1-17           Sec. 1.  DEFINITION.  In this article, "board" means the
1-18     Texas State Board of Mechanical Industries.
1-19           Sec. 2.  BOARD.  (a)  The Texas State Board of Mechanical
1-20     Industries consists of 15 members as follows:
1-21                 (1)  one member who has at least 10 years of practical
1-22     experience as a master plumber;
1-23                 (2)  one member who has at least five years of
1-24     practical experience as a journeyman plumber;
1-25                 (3)  one member who has at least five years of
1-26     experience as a plumbing contractor;
1-27                 (4)  one member who has at least five years of
1-28     practical experience as a  plumbing inspector;
1-29                 (5)  one member who is a licensed air conditioning and
1-30     refrigeration contractor;
1-31                 (6)  one member who has held an air conditioning and
1-32     refrigeration license A for at least five years;
1-33                 (7)  one member who has held an air conditioning and
1-34     refrigeration license B for at least five years;
1-35                 (8)  one member who is a licensed irrigation installer
1-36     for at least 10 years;
1-37                 (9)  one member who is a licensed irrigation contractor
1-38     for at least five years;
1-39                 (10)  one member who is a licensed backflow prevention
1-40     specialist;
1-41                 (11)  one member who is a licensed engineer who has
1-42     professional engineering experience in plumbing design or
1-43     mechanical design; and
1-44                 (12)  four members who are representatives of the
1-45     public.
1-46           (b)  Members of the board are appointed by the governor with
1-47     the advice and consent of the senate.
1-48           (c)  Appointments to the board shall be made without regard
1-49     to the race, color, disability, sex, religion, age, or national
1-50     origin of the appointees.
1-51           Sec. 3.  OFFICERS; MEETINGS; COMPENSATION.  (a)  The governor
1-52     shall designate a member of the board as the presiding officer of
1-53     the board to serve in that capacity at the will of the governor.
1-54     The board annually shall select an assistant presiding officer and
1-55     a secretary-treasurer.
1-56           (b)  The board shall hold at least two regular meetings each
1-57     year.  The board may not hold more than four meetings each year
1-58     unless at least nine members of the board request the presiding
1-59     officer in writing to call additional meetings.
1-60           (c)  A member of the board is entitled to a per diem as set
1-61     by the General Appropriations Act for each day the member engages
1-62     in the business of the board.  A member may not receive
1-63     compensation for travel expenses, including expenses for meals and
1-64     lodging, other than transportation expenses as provided by the
 2-1     General Appropriations Act.
 2-2           Sec. 4.  TERMS.  (a)  Members of the board are appointed for
 2-3     staggered six-year terms, with five members' terms expiring on
 2-4     February 1 of each odd-numbered year.
 2-5           (b)  A member appointed to fill a vacancy shall hold office
 2-6     for the remainder of that term.
 2-7           Sec. 5.  PUBLIC MEMBERSHIP RESTRICTION.  A person may not be
 2-8     a public member of the board if the person or the person's spouse:
 2-9                 (1)  is registered, certified, or licensed by a
2-10     regulatory agency in the field of plumbing or mechanical work;
2-11                 (2)  is employed by or participates in the management
2-12     of a business entity or other organization regulated by or
2-13     receiving money from the board;
2-14                 (3)  owns or controls, directly or indirectly, more
2-15     than a 10 percent interest in a business entity or other
2-16     organization regulated by or receiving money from the board; or
2-17                 (4)  uses or receives a substantial amount of tangible
2-18     goods, services, or money from the board other than compensation or
2-19     reimbursement authorized by law for board membership, attendance,
2-20     or expenses.
2-21           Sec. 6.  CONFLICT OF INTEREST RESTRICTIONS.  (a)  In this
2-22     section, "Texas trade association" means a cooperative and
2-23     voluntarily joined association of business or professional
2-24     competitors in this state designed to assist its members and its
2-25     industry or profession in dealing with mutual business or
2-26     professional problems and in promoting their common interest.
2-27           (b)  A person may not be a member of the board and may not be
2-28     a board employee employed in a "bona fide executive,
2-29     administrative, or professional capacity," as that phrase is used
2-30     for purposes of establishing an exemption to the overtime
2-31     provisions of the federal Fair Labor Standards Act of 1938 (29
2-32     U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-33                 (1)  the person is an officer, employee, or paid
2-34     consultant of a Texas trade association in the field of plumbing or
2-35     mechanical work; or
2-36                 (2)  the person's spouse is an officer, manager, or
2-37     paid consultant of a Texas trade association in the field of
2-38     plumbing or mechanical work.
2-39           (c)  A person may not be a member of the board or act as the
2-40     general counsel to the board if the person is required to register
2-41     as a lobbyist under Chapter 305, Government Code, because of the
2-42     person's activities for compensation on behalf of a profession
2-43     related to the operation of the board.
2-44           Sec. 7.  EFFECT OF LOBBYING ACTIVITY.  A person may not serve
2-45     as a member of the board or act as the general counsel to the board
2-46     if the person is required to register as a lobbyist under Chapter
2-47     305, Government Code, because of the person's activities for
2-48     compensation on behalf of a profession related to the operation of
2-49     the board.
2-50           Sec. 8.  GROUNDS FOR REMOVAL FROM BOARD.  (a)  It is a ground
2-51     for removal from the board that a member:
2-52                 (1)  does not have at the time of taking office the
2-53     qualifications required by Section 2 of this article;
2-54                 (2)  does not maintain during service on the board the
2-55     qualifications required by Section 2 of this article;
2-56                 (3)  is ineligible for membership under Section 5, 6,
2-57     or 7 of this article;
2-58                 (4)  cannot, because of illness or disability,
2-59     discharge the member's duties for a substantial part of the
2-60     member's term; or
2-61                 (5)  is absent from more than half of the regularly
2-62     scheduled board meetings that the member is eligible to attend
2-63     during a calendar year without an excuse approved by a majority
2-64     vote of the board.
2-65           (b)  The validity of an action of the board is not affected
2-66     by the fact that it is taken when a ground for removal of a board
2-67     member exists.
2-68           (c)  If the executive director has knowledge that a potential
2-69     ground for removal exists, the executive director shall notify the
 3-1     presiding officer of the board of the potential ground.  The
 3-2     presiding officer shall then notify the governor and the attorney
 3-3     general that a potential ground for removal exists.  If the
 3-4     potential ground for removal involves the presiding officer, the
 3-5     executive director shall notify the next highest ranking officer of
 3-6     the board, who shall then notify the governor and the attorney
 3-7     general that a potential ground for removal exists.
 3-8           Sec. 9.  STAFF.  (a)  The board shall employ an executive
 3-9     director and administrative and clerical employees as necessary to
3-10     carry out the board's functions.
3-11           (b)  The board shall develop and implement policies that
3-12     clearly separate the policymaking responsibilities of the board and
3-13     the management responsibilities of the executive director and staff
3-14     of the board.
3-15           Sec. 10.  REGULATORY STATUTES ADMINISTERED.  The board shall
3-16     administer and enforce:
3-17                 (1)  The Plumbing License Law (Article 6243-101,
3-18     Vernon's Texas Civil Statutes);
3-19                 (2)  the law regulating environmental performance
3-20     standards for plumbing fixtures, Chapter 372, Health and Safety
3-21     Code;
3-22                 (3)  the Air Conditioning and Refrigeration Contractor
3-23     License Law  (Article 8861, Vernon's Texas Civil Statutes);
3-24                 (4)  the law regulating irrigators, Chapter 34, Water
3-25     Code; and
3-26                 (5)  the law regulating certain connections to public
3-27     drinking water, Section 341.033(f), Health and Safety Code.
3-28           Sec. 11.  ADVISORY COMMITTEES.  (a)  The board shall appoint
3-29     a separate advisory committee on each of the following:
3-30                 (1)  plumbing;
3-31                 (2)  irrigation;
3-32                 (3)  air conditioning and refrigeration; and
3-33                 (4)  backflow prevention.
3-34           (b)  The board may appoint additional advisory committees as
3-35     determined to be necessary by a majority of the board.
3-36           (c)  A member of an advisory committee appointed under this
3-37     section serves a two-year term.  An advisory committee member is
3-38     not entitled to compensation but is entitled to reimbursement for
3-39     actual and necessary expenses, including travel expenses, incurred
3-40     in performing duties as a member of the advisory committee.
3-41           Sec. 12.  SEPARATE LICENSES.  (a)  The board shall issue
3-42     separate licenses, certificates, permits, or registrations for the
3-43     programs under Section 10 of this article in which a license,
3-44     certificate, permit, or registration is issued by the board.
3-45           (b)  The board may issue more than one type of license,
3-46     certificate, permit, or registration to a person under a law
3-47     regulated by the board if the person is qualified to hold each of
3-48     the licenses, certificates, permits, or registrations issued.  The
3-49     board shall adopt rules relating to the issuance of multiple
3-50     licenses, certificates, permits, or registrations to a person under
3-51     laws administered by the board.
3-52           Sec. 13.  EXPENDITURES; AUDIT.  (a)  The board may authorize,
3-53     from funds appropriated to it, all necessary disbursements to carry
3-54     out this article and the laws and programs listed in Section 10 of
3-55     this article.
3-56           (b)  The financial transactions of the board are subject to
3-57     audit by the state auditor in accordance with Chapter 321,
3-58     Government Code.
3-59           Sec. 14.  ANNUAL FINANCIAL REPORT.  The board shall file
3-60     annually with the governor and the presiding officer of each house
3-61     of the legislature a complete and detailed written report
3-62     accounting for all funds received and disbursed by the board during
3-63     the preceding fiscal year.  The annual report must be in the form
3-64     and reported in the time provided by the General Appropriations
3-65     Act.
3-66           Sec. 15.  PERSONNEL POLICIES.  (a)  The executive director or
3-67     the executive director's designee shall develop an intra-agency
3-68     career ladder program.  The program shall require intra-agency
3-69     posting of all nonentry level positions concurrently with any
 4-1     public posting.
 4-2           (b)  The executive director or the executive director's
 4-3     designee shall develop a system of annual performance evaluations
 4-4     based on measurable job tasks.  All merit pay for board employees
 4-5     must be based on the system established under this subsection.
 4-6           Sec. 16.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
 4-7     executive director or the executive director's designee shall
 4-8     prepare and maintain a written policy statement that implements a
 4-9     program of equal employment opportunity to ensure that all
4-10     personnel decisions are made without regard to race, color,
4-11     disability, sex, religion, age, or national origin.
4-12           (b)  The policy statement must include:
4-13                 (1)  personnel policies, including policies relating to
4-14     recruitment, evaluation, selection, training, and promotion of
4-15     personnel, that show the intent of the board to avoid the unlawful
4-16     employment practices described by Chapter 21, Labor Code; and
4-17                 (2)  an analysis of the extent to which the composition
4-18     of the board's personnel is in accordance with state and federal
4-19     law and a description of reasonable methods to achieve compliance
4-20     with state and federal law.
4-21           (c)  The policy statement must:
4-22                 (1)  be updated annually;
4-23                 (2)  be reviewed by the state Commission on Human
4-24     Rights for compliance with Subsection (b)(1); and
4-25                 (3)  be filed with the governor's office.
4-26           Sec. 17.  PUBLIC INTEREST INFORMATION.  (a)  The board shall
4-27     prepare information of public interest describing the functions of
4-28     the board and the board's procedures by which complaints are filed
4-29     with and resolved by the board.  The board shall make the
4-30     information available to the public and appropriate state agencies.
4-31           (b)  The board by rule shall establish methods by which
4-32     consumers and service recipients are notified of the name, mailing
4-33     address, and telephone number of the board and the license number
4-34     of the responsible licensee for the purpose of directing complaints
4-35     to the board.  The board or the responsible licensee, as
4-36     appropriate, shall provide for that notification:
4-37                 (1)  on each registration form, application, or written
4-38     contract for services of an individual or entity regulated by the
4-39     board;
4-40                 (2)  on a sign prominently displayed in the place of
4-41     business of each individual or entity regulated by the board; and
4-42                 (3)  in a bill for service provided by an individual or
4-43     entity regulated by the board; and
4-44                 (4)  the company name and license number of the
4-45     responsible licensee shall be displayed on both sides of all
4-46     vehicles used in conjunction with contracting or performing work
4-47     regulated by the board.
4-48           (c)  The board shall list along with its regular telephone
4-49     number the toll-free telephone number that may be called to present
4-50     a complaint about a health professional if the toll-free number is
4-51     established under other state law.
4-52           Sec. 18.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The board
4-53     shall develop and implement policies that provide the public with a
4-54     reasonable opportunity to appear before the board and to speak on
4-55     any issue under the jurisdiction of the board.
4-56           Sec. 19.  PROGRAM ACCESSIBILITY.  The board shall prepare and
4-57     maintain a written plan that describes how a person who does not
4-58     speak English can be provided reasonable access to the board's
4-59     programs.  The board shall also comply with federal and state laws
4-60     for program and facility accessibility.
4-61           Sec. 20.  BOARD MEMBER TRAINING; STANDARDS OF CONDUCT
4-62     INFORMATION.  (a)  A person who is appointed to and qualifies for
4-63     office as a member of the board may not vote, deliberate, or be
4-64     counted as a member in attendance at a meeting of the board until
4-65     the person completes a training program that complies with this
4-66     section.
4-67           (b)  The training program must provide the person with
4-68     information regarding:
4-69                 (1)  this article and the statutes enforced by the
 5-1     board;
 5-2                 (2)  the programs operated by the board;
 5-3                 (3)  the role and functions of the board;
 5-4                 (4)  the rules of the board with an emphasis on the
 5-5     rules that relate to disciplinary and investigatory authority;
 5-6                 (5)  the current budget for the board;
 5-7                 (6)  the results of the most recent formal audit of the
 5-8     board;
 5-9                 (7)  the requirements of:
5-10                       (A)  the open meetings law, Chapter 551,
5-11     Government Code;
5-12                       (B)  the public information law, Chapter 552,
5-13     Government Code;
5-14                       (C)  the administrative procedure law, Chapter
5-15     2001, Government Code; and
5-16                       (D)  other laws relating to public officials,
5-17     including conflict-of-interest laws; and
5-18                 (8)  any applicable ethics policies adopted by the
5-19     board or the Texas Ethics Commission.
5-20           (c)  A person appointed to the board is entitled to
5-21     reimbursement, as provided by the General Appropriations Act, for
5-22     the travel expenses incurred in attending the training program
5-23     regardless of whether the attendance at the program occurs before
5-24     or after the person qualifies for office.
5-25           (d)  The executive director or the executive director's
5-26     designee shall provide to members of the board and to board
5-27     employees, as often as necessary, information regarding the
5-28     requirements for office or employment under this article, including
5-29     information regarding a person's responsibilities under applicable
5-30     laws relating to standards of conduct for state officers or
5-31     employees.
5-32           Sec. 21.  SUNSET PROVISION.  The Texas State Board of
5-33     Mechanical Industries is subject to Chapter 325, Government Code
5-34     (Texas Sunset Act).  Unless continued in existence as provided by
5-35     that chapter, the board is abolished and this article expires
5-36     September 1, 2011.
5-37           Sec. 22.  PENALTIES.  (a)  The board shall revoke or suspend
5-38     a license, endorsement, certification, or registration, probate a
5-39     license, endorsement, certification, or registration suspension, or
5-40     reprimand any person or entity regulated by the board for any
5-41     violation of this article or any regulatory statute administered by
5-42     the board or any rule adopted under this article or any rule
5-43     adopted under any regulatory statute administered by the board.  A
5-44     violation of this article shall include but not be limited to:
5-45     obtaining a license through error or fraud; having recklessly,
5-46     wilfully, negligently, or arbitrarily violated municipal or other
5-47     political subdivision rules or ordinances regulating any work
5-48     governed by the board; making a substantial misrepresentation of
5-49     services to be provided or which have been provided; making any
5-50     false promise with intent to influence, persuade, or induce an
5-51     individual to contract for services.  Grounds for suspension or
5-52     revocation of a license, endorsement, certification, or
5-53     registration due to suspected incompetence or wilful violation by a
5-54     licensee may be determined through retesting procedures.
5-55           (b)  The board may assess an administrative penalty against a
5-56     person or entity who violates a provision of this article, a law
5-57     administered by the board, or a rule or order adopted by the board
5-58     as provided by this section.
5-59           (c)  The penalty for each violation may be in an amount not
5-60     to exceed $1,000.  Each day a violation continues or occurs may be
5-61     considered a separate violation for purposes of penalty assessment.
5-62     In determining the amount of the penalty, the board shall consider:
5-63                 (1)  the seriousness of the violation, including the
5-64     nature, circumstances, extent, and gravity of the prohibited acts
5-65     and the hazard or potential hazard posed to the health or safety of
5-66     the public;
5-67                 (2)  the economic damage to property or the environment
5-68     caused by the violation;
5-69                 (3)  the history of previous violations;
 6-1                 (4)  the amount necessary to deter future violations;
 6-2                 (5)  efforts to correct the violation; and
 6-3                 (6)  any other matter that justice may require.
 6-4           (d)  If the board proposes to assess an administrative
 6-5     penalty, refuse a person's application for licensure, endorsement,
 6-6     certification, or registration, or suspend or revoke a person's
 6-7     license, endorsement, certification, or registration, the person is
 6-8     entitled to a hearing, if requested, governed by the Administrative
 6-9     Procedure Act, Chapter 2001, Government Code.
6-10           (e)  The executive director or the executive director's staff
6-11     designee or staff designees shall oversee and conduct
6-12     investigations, conduct informal conferences, negotiate agreed
6-13     final orders, draft formal complaints, recommend administrative
6-14     penalties, and pursue cases involving violations of this article or
6-15     any regulatory statute administered by the board or any rule
6-16     adopted under this article or any rule adopted under any regulatory
6-17     statute administered by the board at the State Office of
6-18     Administrative Hearings.  Proceedings for assessing administrative
6-19     penalties or for the refusal, suspension, or revocation of a
6-20     license, endorsement, certification, or registration are subject to
6-21     the Administrative Procedure Act, Chapter 2001, Government Code.
6-22           (f)  Within the 30-day period immediately following the day
6-23     on which a board order assessing an administrative penalty to a
6-24     person or entity becomes final as provided by Section 2001.144,
6-25     Government Code, the person or entity charged with the penalty
6-26     shall:
6-27                 (1)  pay the penalty in full; or
6-28                 (2)  if the person files a petition for judicial review
6-29     contesting either the fact of the violation or the amount of the
6-30     penalty or contesting both the fact of the violation and the amount
6-31     of the penalty:
6-32                       (A)  forward the amount to the board for
6-33     placement in an escrow account; or
6-34                       (B)  in lieu of payment into escrow, post with
6-35     the board a supersedeas bond in a form approved by the board for
6-36     the amount of the penalty, the bond to be effective until all
6-37     judicial review of the order or decision is final.
6-38           (g)  If a person charged is financially unable to either
6-39     forward the amount of the penalty for placement in an escrow
6-40     account or post a supersedeas bond for the amount of the penalty,
6-41     the person may satisfy the requirements of Subsection (f)(2) of
6-42     this section by filing with the board an affidavit sworn by the
6-43     person charged, stating that the person is financially unable to
6-44     either forward the amount of the penalty or post a bond.
6-45           (h)  If the person charged fails to pay the penalty in full
6-46     as provided under Subsection (f)(1) of this section or forward the
6-47     money, post the bond, or file the affidavit as provided by
6-48     Subsection (f) or (g) of this section, the board may forward the
6-49     matter to the attorney general for enforcement.
6-50           (i)  Judicial review of the order or decision of the board
6-51     assessing the penalty shall be under the substantial evidence rule
6-52     and  shall be instituted by filing a petition with a district court
6-53     in Travis County, as provided by Subchapter G, Chapter 2001,
6-54     Government Code.
6-55           (j)  If the penalty is reduced or not assessed by the court,
6-56     the board shall remit to the person charged the appropriate amount
6-57     plus accrued interest if the penalty has been paid or shall execute
6-58     a release of the bond if a supersedeas bond has been posted.  The
6-59     accrued interest on amounts remitted by the board under this
6-60     subsection shall be paid at a rate equal to the rate charged on
6-61     loans to depository institutions by the New York Federal Reserve
6-62     Bank and shall be paid for the period beginning on the date the
6-63     penalty is paid to the board under Subsection (f) of this section
6-64     and ending on the date the penalty is remitted.
6-65           (k)  An administrative penalty collected under Subsection (b)
6-66     of this section shall be deposited in the general revenue fund.
6-67           (l)  A person commits an offense if the person violates this
6-68     article or any regulatory statute administered by the board or any
6-69     rule adopted under this article or any rule adopted under any
 7-1     regulatory statute administered by the board, engages in activities
 7-2     for which a license, endorsement, certification, or registration is
 7-3     required without a license, endorsement, certification, or
 7-4     registration issued under this article, or employs or utilizes an
 7-5     unlicensed, unendorsed, uncertified, or unregistered person to
 7-6     engage in activities for which a license, endorsement,
 7-7     certification, or registration is required by this article.  An
 7-8     offense under this subsection is a Class C misdemeanor.
 7-9           (m)  A field representative of the board or, within the
7-10     jurisdiction of that municipality or water district, a municipal
7-11     inspector or water district inspector or other inspector authorized
7-12     to inspect work regulated by the board, may issue citations to
7-13     persons who engage in conduct described by Subsection (l) of this
7-14     section.
7-15           (n)  Citations issued under Subsection (l) and Subsection (m)
7-16     of this section may be filed in a county justice court or municipal
7-17     court for adjudication of the offense or offenses.
7-18           Sec. 23.  EFFECT OF FEDERAL REGULATIONS.  The board shall
7-19     adopt rules for a law or program regulated by the board as
7-20     necessary to comply with any federal regulation that imposes
7-21     standards or requirements on that law or program.
7-22           SECTION 2.  The Plumbing License Law (Article 6243-101,
7-23     Vernon's Texas Civil Statutes) is amended by adding Section 1A to
7-24     read as follows:
7-25           Sec. 1A.  FUNCTIONS TRANSFERRED; BOARD ABOLISHED.  (a)  This
7-26     Act is administered by the Texas State Board of Mechanical
7-27     Industries in accordance with Article 9150, Revised Statutes.  To
7-28     the extent of a conflict between this Act and Article 9150, Revised
7-29     Statutes, that article prevails.
7-30           (b)  Any reference in this Act to the Texas State Board of
7-31     Plumbing Examiners means the Texas State Board of Mechanical
7-32     Industries.
7-33           (c)  The Texas State Board of Plumbing Examiners is abolished
7-34     and the functions of that board are exercised by the Texas State
7-35     Board of Mechanical Industries.
7-36           SECTION 3.  The Air Conditioning and Refrigeration Contractor
7-37     License Law (Article 8861, Vernon's Texas Civil Statutes) is
7-38     amended by adding Section 1A to read as follows:
7-39           Sec. 1A.  FUNCTIONS TRANSFERRED; ADVISORY BOARD ABOLISHED.
7-40     (a)  This Act is administered by the Texas State Board of
7-41     Mechanical Industries in accordance with Article 9150, Revised
7-42     Statutes.  To the extent of a conflict between this Act and Article
7-43     9150, Revised Statutes, that article prevails.
7-44           (b)  Any reference in this Act to the Texas Department of
7-45     Licensing and Regulation, the commissioner of licensing and
7-46     regulation, or the Air Conditioning and Refrigeration Contractors
7-47     Advisory Board means the Texas State Board of Mechanical
7-48     Industries.
7-49           (c)  The Air Conditioning and Refrigeration Contractors
7-50     Advisory Board is abolished and the functions of that board and the
7-51     functions, under this Act, of the Texas Department of Licensing and
7-52     Regulation and the commissioner of licensing and regulation are
7-53     exercised by the Texas State Board of Mechanical Industries.
7-54           SECTION 4.  Section 341.033(f), Health and Safety Code, is
7-55     amended to read as follows:
7-56           (f)  A public drinking water supply may not be connected to a
7-57     sprinkling, condensing, cooling, plumbing, or other system unless
7-58     the connection is designed to ensure against a backflow or
7-59     siphonage of sewage or contaminated water into the drinking water
7-60     supply.  Notwithstanding any other provision of this chapter, this
7-61     subsection is administered by the Texas State Board of Mechanical
7-62     Industries in accordance with Article 9150, Revised Statutes.  To
7-63     the extent of a conflict between this chapter and Article 9150,
7-64     Revised Statutes, regarding the administration of this subsection,
7-65     Article 9150 prevails.  Any reference in this chapter to the Texas
7-66     Natural Resource Conservation Commission, as it applies to this
7-67     subsection, means the Texas State Board of Mechanical Industries.
7-68           SECTION 5.  Chapter 372, Health and Safety Code, is amended
7-69     by adding Section 372.0015 to read as follows:
 8-1           Sec. 372.0015.  FUNCTIONS TRANSFERRED.  (a)  This chapter is
 8-2     administered by the Texas State Board of Mechanical Industries in
 8-3     accordance with Article 9150, Revised Statutes. To the extent of a
 8-4     conflict between this chapter and Article 9150, Revised Statutes,
 8-5     that article prevails.
 8-6           (b)  Any reference in this chapter to the Texas Natural
 8-7     Resource Conservation Commission means the Texas State Board of
 8-8     Mechanical Industries.
 8-9           SECTION 6.  Chapter 34, Water Code, is amended by adding
8-10     Section 34.0015 to read as follows:
8-11           Sec. 34.0015.  FUNCTIONS TRANSFERRED; COUNCIL ABOLISHED.
8-12     (a)  This chapter is administered by the Texas State Board of
8-13     Mechanical Industries in accordance with Article 9150, Revised
8-14     Statutes.  To the extent of a conflict between this chapter and
8-15     Article 9150, Revised Statutes, that article prevails.
8-16           (b)  Any reference in this chapter to the Texas Natural
8-17     Resource Conservation Commission or the Texas irrigators advisory
8-18     council means the Texas State Board of Mechanical Industries.
8-19           (c)  The Texas irrigators advisory council is abolished and
8-20     the functions of that board and the functions, under this chapter,
8-21     of the Texas Natural Resource Conservation Commission are exercised
8-22     by the Texas State Board of Mechanical Industries.
8-23           SECTION 7.  (a)  As soon as possible after the effective date
8-24     of this Act, the governor shall appoint the initial members of the
8-25     Texas State Board of Mechanical Industries in accordance with
8-26     Article 9150, Revised Statutes, as added by this Act.
8-27           (b)  A person who is serving on the day immediately before
8-28     the effective date of this Act as a member of the governing body of
8-29     an agency abolished by this Act is eligible for appointment to the
8-30     Texas State Board of Mechanical Industries if the person meets the
8-31     requirements set forth in Section 2, Article 9150, Revised
8-32     Statutes, as added by this Act.
8-33           (c)  In making the initial appointments, the governor shall
8-34     designate members to serve terms as follows:
8-35                 (1)  one master plumber member, one licensed backflow
8-36     prevention specialist member, one plumbing inspector member, one
8-37     licensed irrigation installer member, and one public member serve
8-38     for terms expiring February 1, 2001;
8-39                 (2)  one journeyman plumber member, one air
8-40     conditioning and refrigeration contractor member, one engineer
8-41     member, one air conditioning and refrigeration license A member,
8-42     and one public member serve for terms expiring February 1, 2003;
8-43     and
8-44                 (3)  one plumbing contractor member, one air
8-45     conditioning and refrigeration license B member, one licensed
8-46     irrigation contractor, and two public members serve for terms
8-47     expiring February 1, 2005.
8-48           (d)  The Texas State Board of Mechanical Industries may not
8-49     take any action and is not created until the day after the date the
8-50     last appointee to the initial board takes office.  On the date of
8-51     its creation, the board assumes its functions and:
8-52                 (1)  the Air Conditioning and Refrigeration Contractors
8-53     Advisory Board, Texas State Board of Plumbing Examiners, and Texas
8-54     irrigators advisory council are abolished;
8-55                 (2)  the obligations, rights, contracts, records and
8-56     other property, and personnel of, and unspent money appropriated to
8-57     or for, the abolished boards and council or the governing body for
8-58     the laws or programs transferred to the new board under this Act
8-59     are transferred to the Texas State Board of Mechanical Industries;
8-60                 (3)  the rules of the abolished boards and council or
8-61     the governing body for the laws or programs transferred to the new
8-62     board under this Act are continued in effect as rules of the Texas
8-63     State Board of Mechanical Industries until superseded by rule of
8-64     the new board;
8-65                 (4)  the licenses, certificates, permits, or
8-66     registrations in effect that were issued by the abolished boards or
8-67     council or the governing body for the laws or programs transferred
8-68     to the new board under this Act are continued in effect as
8-69     licenses, certificates, permits, or registrations of the Texas
 9-1     State Board of Mechanical Industries;
 9-2                 (5)  a complaint or investigation pending before the
 9-3     abolished boards or council or the governing body for the laws or
 9-4     programs transferred to the new board under this Act is transferred
 9-5     without change in status to the Texas State Board of Mechanical
 9-6     Industries;
 9-7                 (6)  a contested case pending before the abolished
 9-8     boards and council or the governing body for the laws or programs
 9-9     transferred to the new board under this Act is transferred to the
9-10     Texas State Board of Mechanical Industries and actions taken in the
9-11     proceeding are treated as if taken by the Texas State Board of
9-12     Mechanical Industries; and
9-13                 (7)  any reference in a law to the abolished boards or
9-14     council means the Texas State Board of Mechanical Industries.
9-15           (e)  Regardless of the changes in law made by this Act, until
9-16     the date that the Air Conditioning and Refrigeration Contractors
9-17     Advisory Board, Texas State Board of Plumbing Examiners, and Texas
9-18     irrigators advisory council are abolished as provided by this
9-19     section, the boards and council continue in existence and shall
9-20     administer their functions under the law that governed the boards
9-21     and council before the effective date of this Act, and the prior
9-22     law is continued in effect for that purpose.
9-23           (f)  The Texas State Board of Mechanical Industries shall
9-24     adopt rules under this Act not later than December 1, 1999.
9-25           SECTION 8.  The following laws are repealed:
9-26                 (1)  Sections 4, 4a, 5A, 6, and 7, The Plumbing License
9-27     Law (Article 6243-101, Vernon's Texas Civil Statutes);
9-28                 (2)  Section 3A, Air Conditioning and Refrigeration
9-29     Contractor License Law (Article 8861, Vernon's Texas Civil
9-30     Statutes); and
9-31                 (3)  Section 34.003, Water Code.
9-32           SECTION 9.  This Act takes effect September 1, 1999.
9-33           SECTION 10.  The importance of this legislation and the
9-34     crowded condition of the calendars in both houses create an
9-35     emergency and an imperative public necessity that the
9-36     constitutional rule requiring bills to be read on three several
9-37     days in each house be suspended, and this rule is hereby suspended.
9-38                                  * * * * *