76R12660 DB-F
By Wise, Najera H.B. No. 2475
Substitute the following for H.B. No. 2475:
By Wilson C.S.H.B. No. 2475
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of plumbing services to certain
1-3 economically distressed areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, The Plumbing License Law (Article
1-6 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-7 follows:
1-8 Sec. 3. ACTS PERMITTED WITHOUT A LICENSE. (a) The
1-9 following acts, work and conduct shall be expressly permitted
1-10 without license:
1-11 (1) [(a)] Plumbing work done by a property owner in a
1-12 building owned or occupied by him as his homestead;
1-13 (2) [(b)] Plumbing work done outside the municipal
1-14 limits of any organized city, town or village in this state, or
1-15 within any such city, town or village of less than five thousand
1-16 (5,000) inhabitants, unless required by ordinance in such city,
1-17 town or village of less than five thousand (5,000) inhabitants;
1-18 (3) [(c)] Plumbing work done by anyone who is
1-19 regularly employed as or acting as a maintenance man or maintenance
1-20 engineer, incidental to and in connection with the business in
1-21 which he is employed or engaged, and who does not engage in the
1-22 occupation of a plumber for the general public; construction,
1-23 installation and maintenance work done upon the premises or
1-24 equipment of a railroad by an employee thereof who does not engage
2-1 in the occupation of a plumber for the general public; and plumbing
2-2 work done by persons engaged by any public service company in the
2-3 laying, maintenance and operation of its service mains or lines to
2-4 the point of measurement and the installation, alteration,
2-5 adjustment, repair, removal and renovation of all types of
2-6 appurtenances, equipment and appliances, including doing all that
2-7 is necessary to render the appliances useable or serviceable;
2-8 appliance installation and service work done by anyone who is an
2-9 appliance dealer or is employed by an appliance dealer, and acting
2-10 as an appliance installation man or appliance service man in
2-11 connecting appliances to existing piping installations; water
2-12 treatment installations, exchanges, services, or repairs.
2-13 Provided, however, that all work and service herein named or
2-14 referred to shall be subject to inspection and approval in
2-15 accordance with the terms of all local valid city or municipal
2-16 ordinances;
2-17 (4) [(d)] Plumbing work done by an [a licensed]
2-18 irrigator licensed under Chapter 34, Water Code, or an [licensed]
2-19 installer licensed under Chapter 33, Water Code [when working and
2-20 licensed under Chapter 197, Acts of the 66th Legislature, Regular
2-21 Session, 1979 (Article 8751, Vernon's Texas Civil Statutes)]. A
2-22 person holding a valid license from the Texas State Board of
2-23 Plumbing Examiners shall not be required to be licensed by any
2-24 other board or agency when installing or working on a lawn
2-25 irrigation system;
2-26 (5) [(e)] Plumbing work done by an LP Gas installer
2-27 when working and licensed under Chapter 113, Natural Resources
3-1 Code, as amended;
3-2 (6) Plumbing work, limited to the provision of a
3-3 residential potable water supply or residential sanitary sewer
3-4 connections, for a project in a geographic area that is located in
3-5 a county any part of which is within 50 miles of an international
3-6 border that is done by an organization that:
3-7 (A) is certified by the Texas Natural Resource
3-8 Conservation Commission to provide "self-help" project assistance;
3-9 and
3-10 (B) provides the board with the following
3-11 information before the 30th day before the date the project begins:
3-12 (i) a specific project location;
3-13 (ii) the intended duration of the project;
3-14 and
3-15 (iii) other information the board may
3-16 require.
3-17 (b) Any failure by an organization to meet the requirements
3-18 of Subsection (a)(6) of this section, including the requirement to
3-19 obtain certification from the Texas Natural Resource Conservation
3-20 Commission under Subsection (a)(6)(A) of this section or the
3-21 requirement to provide a report to the board under Subsection
3-22 (a)(6)(B) of this section:
3-23 (1) invalidates the exception granted under Subsection
3-24 (a)(6) of this section for the plumbing work performed by that
3-25 organization in relation to the specific project on which the
3-26 plumbing work is performed; and
3-27 (2) makes any unlicensed individual or entity that
4-1 performs the plumbing work for that project subject to all
4-2 penalties ordinarily available to the board against an individual
4-3 or entity that performs plumbing work without a license.
4-4 (c) The board may provide training to an organization that
4-5 provides "self-help" project assistance under Subsection (a)(6) of
4-6 this section.
4-7 SECTION 2. This Act takes effect September 1, 1999.
4-8 SECTION 3. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.