Amend CSHB 2912 by striking Article 6 of the bill and
substituting the following Article 6:
ARTICLE 6. CERTIFICATION OF WATER TREATMENT SPECIALISTS
SECTION 6.01. Section 3A, The Plumbing License Law (Article
6243-101, Vernon's Texas Civil Statutes), is transferred to Chapter
341, Health and Safety Code, redesignated as Subchapter G, Chapter
341, and amended to read as follows:
SUBCHAPTER G. CERTIFICATION OF WATER TREATMENT SPECIALISTS
Sec. 341.101 <Sec. 3A. CERTIFICATION RELATING TO RESIDENTIAL
WATER TREATMENT FACILITIES>. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Natural Resource
Conservation Commission.
(2) "Installation of water treatment appliances"
includes connecting the appliances to all necessary utility
connections in residential, commercial, or industrial facilities.
(3) "Water treatment" means a business conducted under
contract that requires experience in the analysis of water,
including the ability to determine how to treat influent and
effluent water, to alter or purify water, and to add or remove a
mineral, chemical, or bacterial content or substance. The term
also includes the installation and service of potable water
treatment equipment in public or private water systems and making
connections necessary to complete installation of a water treatment
system.
(4) "Water treatment equipment" includes appliances
used to alter or purify water or to alter a mineral, chemical, or
bacterial content or substance.
Sec. 341.102. WATER TREATMENT SPECIALIST CERTIFICATION
PROGRAM. (a) The commission by rule <Commissioner of Health or his
designee> shall establish a program to certify persons <as being>
qualified to install, exchange, service <for the installation,
exchange, servicing>, and repair <of> residential, commercial, or
industrial water treatment equipment and appliances <facilities as
defined by Subsection (g) of Section 2 of this Act>.
(b) The rules must establish:
(1) <Texas Board of Health shall set> standards for
certification to ensure the public health and to protect the public
from unqualified persons engaging in activities relating to water
treatment;
(2) classes of certification;
(3) duration of certification; and
(4) reasonable annual certification fees in an amount
sufficient to pay the administrative costs of the certification
program, but not to exceed $150 a year for any class of
certification.
Sec. 341.103. CERTIFICATION REQUIRED. A person may not
engage in water treatment unless the person first obtains a
certificate from the commission under the program established under
this subchapter.
Sec. 341.104. APPLICATION FOR CERTIFICATION. A person
desiring to obtain certification under the program established
under this subchapter shall file with the commission:
(1) an application in the form prescribed by the
commission and containing the information required by the
commission; and
(2) the appropriate certification fee.
Sec. 341.105. ISSUANCE OF CERTIFICATE. (a) <Nothing in this
section shall be construed to require that persons licensed
pursuant to this Act are subject to certification under this
section.>
<(b) Before a certificate is issued or renewed under this
section, an applicant or holder of a certificate shall be required
to pay a fee of $10 a year.> On receipt of an application that
meets commission requirements and the required fee, the commission
<Texas Department of Health> shall issue to a <qualified> person
who meets commission standards for certification a certificate
stating that the person is qualified to install, exchange, service
<for the installation, exchange, servicing>, and repair <of>
residential, commercial, or industrial water treatment facilities.
(b) <The Texas Board of Health shall adopt rules
establishing classes of certificates, duration of certificates, and
fees.>
<(c)> All fees received by the commission <Texas Department
of Health> under this section shall be deposited in the State
Treasury to the credit of the General Revenue Fund.
(c) A person who holds a license under The Plumbing License
Law (Article 6243-101, Vernon's Texas Civil Statutes) is exempt
from the requirements of this subchapter.
(d) This section does not apply to an employee of an
industrial facility installing or servicing water treatment
equipment.