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 * * * * *