SRC-MWN H.B. 217 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 217
By: Reyna, Arthur (Sibley)
Business & Commerce
5/5/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the Texas State Board of Plumbing Examiners (board) is required
to adopt three plumbing codes. In an effort to achieve national uniformity,
the International Code Council (ICC) was established in 1994 as a nonprofit
organization dedicated to developing a single set of comprehensive and
coordinated national model construction codes. The founders of the ICC are
Building Officials and Code Administrators International, Inc. (BOCA),
International Conference of Building Officials (ICBO), and Southern
Building Code Congress International, Inc. (SBCCI). Since the early part of
the last century, these nonprofit organizations have developed the three
separate sets of model codes used throughout the United States. Although
regional code development has been effective and responsive to our
country's needs, the time has come for a single set of codes. The nation's
three model code groups have responded by creating the ICC. H.B. 217
requires the board to adopt any plumbing code published by the ICC and
authorizes the board by rule to adopt later editions of specified plumbing
codes.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Plumbing Examiners in SECTION 3 (Section 5B, Article 6243-101, V.T.C.S.) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2(5), The Plumbing License Law (Article 6243-101,
V.T.C.S.), to define "plumbing inspector." 

SECTION 2. Amends Section 3(a), The Plumbing License Law (Article 6243-101,
V.T.C.S.), to require certain acts, work, and conduct to be expressly
permitted without license. 

SECTION 3. Amends Section 5B, The Plumbing License Law (Article 6243-101,
V.T.C.S.), as follows: 

Sec. 5B. ADOPTION OF PLUMBING CODES. Requires the Texas State Board of
Plumbing Examiners (board) to adopt certain plumbing codes, as those
existed on May 31, 2001. 

(b) Authorizes the board by rule to adopt later editions of the plumbing
codes listed under Subsection (a) of this section. 

(c) Requires plumbing installed in an area not otherwise subject to
regulation under this Act by a person licensed under this Act to be
installed in accordance with a plumbing code adopted by the board under
Subsection (a) or (b) of this section. 

(d) Authorizes a municipality or an owner of a public water system to amend
any provisions of the codes and standards to conform  to local concerns
that do not substantially vary with rules or laws of this state. Deletes
text regarding adopt  standards. 

(e) Requires plumbing installed in compliance with a code adopted under
Subsection (a), (b), or (d) of this section to be inspected by a plumbing
inspector. Authorizes the political subdivision, to perform this
inspection, to contract with any plumbing inspector paid directly by the
political subdivision. Requires the plumbing inspector to be licensed as
required by Section 14(a) of this Act. 

SECTION 4. Authorizes plumbing installed in a jurisdiction that has adopted
the Southern Standard Plumbing Code or the National Standard Plumbing Code
to continue to be installed in compliance with the applicable code until
the jurisdiction chooses to adopt a new code allowed under this Act. 

SECTION 5. Provides that the changes made by this Act control over any
other Act of the 77th Legislature, Regular Session, 2001. Provides that to
the extent of any conflict between this Act and another Act of the 77th
Legislature, this Act prevails. 

SECTION 6. (a) Provides that except as provided by Subsection (b), this Act
takes effect September 1, 2001, and applies to certain items. Makes
application of this Act prospective. 

 (b) Provides that Section 3(a) takes effect January 1, 2002.