By Goolsby H.B. No. 3674
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of plumbing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, The Plumbing License Law (Article
1-5 6243-101, Vernon's Texas Civil Statutes) is amended by amending
1-6 Subdivisions (1), (2), and (5) to read as follows:
1-7 (1) "Plumbing" means:
1-8 (A) All piping, fixtures, appurtenances and
1-9 appliances for supply or recirculation of water, gas, medical gases
1-10 and vacuum, liquids, and drainage or elimination of sewage,
1-11 including disposal systems or any combination thereof, for all
1-12 personal or domestic purposes in and about buildings where a person
1-13 or persons live, work or assemble; all piping, fixtures,
1-14 appurtenances and appliances outside a building connecting the
1-15 building with the source of water, gas, medical gases and vacuum,
1-16 or other liquid supply, or combinations thereof, on the premises,
1-17 or the main in the street, alley or at the curb; all piping,
1-18 fixtures, appurtenances, appliances, drain or waste pipes carrying
1-19 waste water or sewage from or within a building to the sewer
1-20 service lateral at the curb or in the street or alley or other
1-21 disposal or septic terminal holding private or domestic sewage; or
2-1 (B) the installation, repair, service, and
2-2 maintenance of all piping, fixtures, appurtenances and appliances
2-3 in and about buildings where a person or persons live, work or
2-4 assemble, for a supply of gas, medical gases and vacuum water,
2-5 liquids, or any combination thereof, or disposal of waste water or
2-6 sewage.
2-7 (2) "Master Plumber" means a person who is skilled in
2-8 the planning, superintending, and the practical installation,
2-9 repair, and service of plumbing, who secures permits for plumbing
2-10 work, who [and] is knowledgeable of [familiar with] the codes,
2-11 ordinances, or rules and regulations governing those matters, who
2-12 alone, or through a person or persons under his supervision,
2-13 performs plumbing work, and who has successfully fulfilled the
2-14 examinations and requirements of the Board.
2-15 (5) "Plumbing Inspector" means any person who is
2-16 employed by a political subdivision for the purpose of inspecting
2-17 plumbing work and installations in connection with health and
2-18 safety laws, [and] ordinances, and plumbing and gas codes, who has
2-19 no financial or advisory interests in any plumbing company, and who
2-20 has successfully fulfilled the examinations and requirements of the
2-21 Board.
2-22 SECTION 2. Section 3, The Plumbing License Law (Article
2-23 6243-101, Vernon's Texas Civil Statutes), is amended to read as
2-24 follows:
2-25 Sec. 3. The following acts, work and conduct shall be
3-1 expressly permitted without license:
3-2 (a) Plumbing work done by a property owner in a building
3-3 owned or occupied by him as his homestead;
3-4 (b) Plumbing work done outside the municipal limits of any
3-5 organized city, town or village in this state, or within any such
3-6 city, town or village of less than five thousand (5,000)
3-7 inhabitants, unless required by ordinance in such city, town or
3-8 village of less than five thousand (5,000) inhabitants;
3-9 (c) Plumbing work done by anyone who is regularly employed
3-10 as or acting as a maintenance person [man] or maintenance engineer,
3-11 incidental to and in connection with the business in which he is
3-12 employed or engaged, and who does not engage in the occupation of a
3-13 plumber for the general public; [construction, installation and]
3-14 maintenance work done upon the premises or equipment of a railroad
3-15 by an employee thereof who does not engage in the occupation of a
3-16 plumber for the general public; and plumbing work done by persons
3-17 engaged by any public service company in the laying, maintenance
3-18 and operation of its service mains or lines to the point of
3-19 measurement and the installation, alteration, adjustment, repair,
3-20 removal and renovation of all types of appurtenances, equipment and
3-21 appliances, including doing all that is necessary to render the
3-22 appliances useable or serviceable; appliance installation and
3-23 service work done by anyone who is an appliance dealer or who is
3-24 employed by an appliance dealer, and acting as an appliance
3-25 installation man or appliance service man in connecting appliances
4-1 to existing openings with a code-approved appliance connector
4-2 [piping installations]; water treatment installations, exchanges,
4-3 services, or repairs. Provided, however, that all work and service
4-4 herein named or referred to shall be subject to inspection and
4-5 approval in accordance with the terms of all state laws and local
4-6 valid city or municipal ordinances;
4-7 (d) Plumbing work done by a licensed irrigator or licensed
4-8 installer when working and licensed under Chapter 197, Acts of the
4-9 66th Legislature, Regular Session, 1979 (Article 8751, Vernon's
4-10 Texas Civil Statutes). A person holding a valid license from the
4-11 Texas State Board of Plumbing Examiners shall not be required to be
4-12 licensed by any other board or agency when installing or working on
4-13 a lawn irrigation system;
4-14 (e) LPG system [Plumbing] work done by an LP Gas installer
4-15 when working and licensed under Chapter 113, Natural Resources
4-16 Code, as amended.
4-17 SECTION 3. Section 3A(a), The Plumbing License Law (Article
4-18 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-19 follows:
4-20 (a) The Commissioner of Health or his designee shall certify
4-21 persons as being qualified for the installation, exchange,
4-22 servicing, and repair of residential water treatment facilities [as
4-23 defined by Subsection (g) of Section 2 of this Act]. The Texas
4-24 Board of Health shall set standards for certification to ensure the
4-25 public health and to protect the public from unqualified persons
5-1 engaging in activities relating to water treatment. Nothing in
5-2 this section shall be construed to require that persons licensed
5-3 pursuant to this Act are subject to certification under this
5-4 section.
5-5 SECTION 4. Section 4A(a), The Plumbing License Law (Article
5-6 6243-101, Vernon's Texas Civil Statutes), is amended to read as
5-7 follows:
5-8 (a) The Texas State Board of Plumbing Examiners shall
5-9 consist of nine members, each of whom shall be a citizen of the
5-10 United States and a resident of this state. Members of the Board
5-11 and their successors shall be appointed by the Governor and
5-12 confirmed by the Senate, and shall hold office for terms of six
5-13 years, or until their successors are appointed and have qualified.
5-14 Appointments to the Board shall be made without regard to the race,
5-15 creed, sex, religion, or national origin of the appointees. One
5-16 member of the Board shall have had at least ten years practical
5-17 experience as a master plumber, one member shall have had at least
5-18 five years practical experience as a journeyman plumber, one member
5-19 shall be a plumbing contractor with five years experience, one
5-20 member shall be a licensed professional [sanitary] engineer
5-21 knowledgeable in the practice of plumbing engineering and design,
5-22 two members shall be building contractors with five years
5-23 contracting experience (one of whom shall be principally engaged in
5-24 home building and one of whom shall be principally engaged in
5-25 commercial building), and one member shall have had at least five
6-1 years practical experience as a plumbing inspector. Two members
6-2 must be representatives of the general public. A person is not
6-3 eligible for appointment as a public member if the person or the
6-4 person's spouse:
6-5 (1) is licensed by an occupational regulatory agency
6-6 in the building construction industry;
6-7 (2) is employed by or participates in the management
6-8 of an agency or business entity related to the building
6-9 construction industry; or
6-10 (3) has, other than as a consumer, a financial
6-11 interest in a business entity related to the building construction
6-12 industry.
6-13 SECTION 5. Sections 5(a) and (d), The Plumbing License Law
6-14 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
6-15 read as follows:
6-16 (a) The Board shall administer the provisions of this Act.
6-17 The Board shall formally elect a chairman and a secretary from its
6-18 members and may adopt such rules as it deems necessary for the
6-19 orderly conduct and enforcement of its affairs. The Board is
6-20 hereby authorized and empowered to employ, promote and discharge
6-21 such assistants and employees as it may deem necessary to properly
6-22 carry out the intent and purpose of this Act, and to fix and pay
6-23 their compensation and salaries and to provide for their duties and
6-24 the terms of their employment. A majority of the Board shall
6-25 constitute a quorum for the transaction of business. The Board
7-1 shall have a seal which shall be judicially noticed. The Board
7-2 shall keep records of all proceedings and actions by and before the
7-3 Board. The Board is hereby authorized, empowered and directed to
7-4 prescribe, amend and enforce all rules and regulations necessary to
7-5 carry out this Act. The Board shall appoint an employee or
7-6 employees thereof, with the power of removal, as a plumbing
7-7 examiner or examiners, whose duties shall be to examine, as to
7-8 their fitness and qualifications, all persons applying to the Board
7-9 for licenses to engage in the business, trade or calling of a
7-10 master plumber or a journeyman plumber or to serve as a plumbing
7-11 inspector, and to promptly certify the result thereof to said State
7-12 Board of Plumbing Examiners.
7-13 (d) The Board shall [may] recognize, prepare, or implement
7-14 continuing education programs for licensees and endorsees.
7-15 [Participation in the programs is voluntary.]
7-16 SECTION 6. Section 8, The Plumbing License Law (Article
7-17 6243-101, Vernon's Texas Civil Statutes), is amended by adding
7-18 Subsection (e) to read as follows:
7-19 (e) A license holder whose license was eligible for renewal
7-20 when the license holder retired and who is actively engaged in the
7-21 business of plumbing may apply for retired status. The Board by
7-22 rule shall adopt procedures and requirements for placing a license
7-23 on retired status. A license holder on retired status is not
7-24 required to complete continuing education while the person is on
7-25 retired status.
8-1 SECTION 7. Section 8A(e), The Plumbing License Law (Article
8-2 6243-101, Vernon's Texas Civil Statutes), is amended to read as
8-3 follows:
8-4 (e) Each written contract for plumbing services in this
8-5 state [of a licensed plumber] shall contain the name, mailing
8-6 address, and telephone number of the Board.
8-7 SECTION 8. Section 8C(a) and (c), The Plumbing License Law
8-8 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
8-9 read as follows:
8-10 (a) A medical gas piping installation endorsement entitles a
8-11 holder of a master plumber license or journeyman plumber license to
8-12 install pipe used solely to transport gases used for medical
8-13 purposes. A person who holds a medical gas endorsement may inspect
8-14 medical gas piping installations.
8-15 (c) An endorsement under this section is valid for three
8-16 years and may be renewed as provided by Board rule [on or before
8-17 February 1, or as provided by Section 12A of this Act, in the same
8-18 manner as a license renewal under Section 12 of this Act].
8-19 SECTION 9. Sections 9(a), (c), (d), and (e), The Plumbing
8-20 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
8-21 amended to read as follows:
8-22 (a) The Board shall revoke or suspend a license or
8-23 endorsement, probate a license or endorsement suspension, or
8-24 reprimand a licensee for any violations of this Act or rules of the
8-25 Board. A violation of this Act shall include but not be limited
9-1 to: obtaining a license or endorsement through error or fraud;
9-2 having wilfully, negligently or arbitrarily violated municipal
9-3 rules or ordinances regulating sanitation, drainage and plumbing;
9-4 knowingly making a substantial misrepresentation of services to be
9-5 provided or which have been provided; or making any false promise
9-6 with intent to influence, persuade, or induce an individual to
9-7 contract for services. Any person whose license or endorsement has
9-8 been revoked may, after the expiration of one year from the date of
9-9 such revocation, but not before, apply to the Board for a new
9-10 license or endorsement.
9-11 (c) If the Board proposes to refuse a person's application
9-12 for a license or endorsement [licensure] or to suspend or revoke a
9-13 person's license or endorsement, the person is entitled to a
9-14 hearing before the Board. Grounds for suspension or revocation of
9-15 a license or endorsement due to suspected incompetence or wilful
9-16 violation by a licensee may be determined through retesting
9-17 procedures.
9-18 (d) Proceedings for the refusal, suspension, or revocation
9-19 of a license or endorsements are governed by the Administrative
9-20 Procedure and Texas Register Act, as amended (Article 6252-13a,
9-21 Vernon's Texas Civil Statutes).
9-22 (e) A person commits an offense if the person knowingly
9-23 violates this Act or a rule adopted under this Act, engages in
9-24 activities for which a license or endorsement is required without a
9-25 license or endorsement issued under this Act, or employs an
10-1 unlicensed or unendorsed person to engage in activities for which a
10-2 license or endorsement is required by this Act. An offense under
10-3 this subsection is a Class C misdemeanor.
10-4 SECTION 10. Section 12, The Plumbing License Law (Article
10-5 6243-101, Vernon's Texas Civil Statues), is amended to read as
10-6 follows:
10-7 Sec. 12. (a) A license or endorsement [Licenses] issued by
10-8 the Board shall be valid throughout the state, but shall not be
10-9 assignable or transferable. A license [The Board shall forward to
10-10 the local Board of Health, if there be one, of each town, or to the
10-11 other authority having control of the enforcement of regulations
10-12 relative to plumbing in each town, the names and addresses of all
10-13 persons in such town to whom such licenses have been granted.
10-14 Licenses] shall be issued for one year and may be renewed annually
10-15 [on or before February 1st or as provided by Section 12A of this
10-16 Act upon payment of the required fee].
10-17 (b) A person who has complied with the continuing education
10-18 requirement of Section 12B of this Act may renew an unexpired
10-19 license or endorsement by paying the required renewal fee to the
10-20 Board before the expiration date of the license or endorsement.
10-21 (c) A person who has complied with the continuing education
10-22 requirement of Section 12B of this Act and whose license or
10-23 endorsement has been expired for 90 days or less may renew the
10-24 license or endorsement by paying to the Board the required renewal
10-25 fee and a fee that is one-half of the examination fee for the
11-1 license or endorsement.
11-2 (d) A person who has complied with the continuing education
11-3 requirement of Section 12B of this Act and whose license or
11-4 endorsement has been expired for longer than 90 days but less than
11-5 two years may renew the license or endorsement by paying to the
11-6 Board all unpaid renewal fees and a fee that is equal to the
11-7 examination fee for a [the] license.
11-8 (e) If a person's license or endorsement has been expired
11-9 for two years or longer, the person may not renew the license or
11-10 endorsement. The person may obtain a new license or endorsement by
11-11 submitting to reexamination and complying with the requirements and
11-12 procedures for obtaining an original license.
11-13 (f) At least 30 days before the expiration of a person's
11-14 license or endorsement, the Board shall send written notice of the
11-15 impending license or endorsement expiration to the person at the
11-16 licensee's last known address according to the records of the
11-17 Board. The licensee shall notify the Board of any change of the
11-18 person's name or address not later than the 30th day after the date
11-19 of change.
11-20 SECTION 11. Section 14(a), The Plumbing License Law (Article
11-21 6243-101, Vernon's Texas Civil Statutes), is amended to read as
11-22 follows:
11-23 (a) No person, whether as a master plumber, journeyman
11-24 plumber, or otherwise, shall engage in, work at, or conduct the
11-25 business of plumbing in this state or serve as a plumbing inspector
12-1 as herein defined, except as herein specifically exempted from the
12-2 provisions of this Act, unless such person is the holder of a valid
12-3 license or endorsement as provided for by this Act. It shall be
12-4 unlawful for any person, firm, or corporation to engage in or work
12-5 at the business of installing plumbing and doing plumbing work
12-6 except as specifically herein provided unless such installation of
12-7 plumbing or plumbing work be under the active supervision and
12-8 control of a plumber licensed under this Act. A license holder may
12-9 not act as a water supply protection specialist unless the license
12-10 holder has the appropriate license endorsement under Section 11A or
12-11 11B of this Act.
12-12 SECTION 12. Section 15, The Plumbing License Law (Article
12-13 6243-101, Vernon's Texas Civil Statutes), is amended by adding
12-14 Subsection (d), to read as follows:
12-15 (d) A person holding a master plumber's license may not act
12-16 as a master plumber unless the master plumber has submitted to the
12-17 Board a certificate of insurance that meets the requirements of
12-18 Subsection (c) of this section.
12-19 SECTION 13. Section 12A, The Plumbing License Law (Article
12-20 6243-101, Vernon's Texas Civil Statutes), is repealed.
12-21 SECTION 14. (a) Except as otherwise provided by this
12-22 section, this Act takes effect September 1, 1999.
12-23 (b) The Texas State Board of Plumbing Examiners shall adopt
12-24 rules under Section 5(D), The Plumbing License Law (Article
12-25 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
13-1 and rules that implement that continuing education programs
13-2 required by Section 12B, The Plumbing License Law (Article
13-3 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
13-4 not later than February 1, 2000.
13-5 (c) A person performing plumbing services who must obtain a
13-6 license because of the changes made by this Act to Section 3, The
13-7 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
13-8 Statutes), is not required to obtain a master or journeyman plumber
13-9 license to perform those functions until February 1, 2000.
13-10 (d) A master plumber who holds a license on the effective
13-11 date of this Act is not required to obtain a certificate of
13-12 insurance under Section 15(d), The Plumbing License Law (Article
13-13 6243-101, Vernon's Texas Civil Statutes, as added by this Act,
13-14 until February 1, 2000.
13-15 SECTION 15. The importance of this legislation and the
13-16 crowded condition of the calendars in both houses create an
13-17 emergency and an imperative public necessity that the
13-18 constitutional rule requiring bills to be read on three several
13-19 days in each house be suspended, and this rule is hereby suspended.