By Reyna of Bexar H.B. No. 217
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of plumbing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2(5), The Plumbing License Law (Article
1-5 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-6 follows:
1-7 (5) "Plumbing Inspector" means any person employed by
1-8 a political subdivision, or who contracts as an independent
1-9 contractor with a political subdivision, for the purpose of
1-10 inspecting plumbing work and installations in connection with
1-11 health and safety laws and ordinances, who has no financial or
1-12 advisory interests in any plumbing company, and who has
1-13 successfully fulfilled the examinations and requirements of the
1-14 Board.
1-15 SECTION 2. Section 3(a), The Plumbing License Law (Article
1-16 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-17 follows:
1-18 (a) The following acts, work and conduct shall be expressly
1-19 permitted without license:
1-20 (1) Plumbing work done by a property owner in a
1-21 building owned or occupied by him as his homestead;
1-22 (2) Plumbing work done on a property that is:
1-23 (A) located in a subdivision or on a tract of
1-24 land that is not required to be platted under Section 232.0015,
2-1 Local Government Code; or
2-2 (B) not connected to a public water system; and
2-3 (C) located outside the municipal limits of any
2-4 organized city, town or village in this state[, or within any such
2-5 city, town or village of less than five thousand (5,000)
2-6 inhabitants, unless required by ordinance in such city, town or
2-7 village of less than five thousand (5,000) inhabitants];
2-8 (3) Plumbing work done by anyone who is regularly
2-9 employed as or acting as a maintenance man or maintenance engineer,
2-10 incidental to and in connection with the business in which he is
2-11 employed or engaged, and who does not engage in the occupation of a
2-12 plumber for the general public; construction, installation and
2-13 maintenance work done upon the premises or equipment of a railroad
2-14 by an employee thereof who does not engage in the occupation of a
2-15 plumber for the general public; and plumbing work done by persons
2-16 engaged by any public service company in the laying, maintenance
2-17 and operation of its service mains or lines to the point of
2-18 measurement and the installation, alteration, adjustment, repair,
2-19 removal and renovation of all types of appurtenances, equipment and
2-20 appliances, including doing all that is necessary to render the
2-21 appliances useable or serviceable; appliance installation and
2-22 service work done by anyone who is an appliance dealer or is
2-23 employed by an appliance dealer, and acting as an appliance
2-24 installation man or appliance service man in connecting appliances
2-25 to existing piping installations; water treatment installations,
2-26 exchanges, services, or repairs. Provided, however, that all work
2-27 and service herein named or referred to shall be subject to
3-1 inspection and approval in accordance with the terms of all local
3-2 valid city or municipal ordinances;
3-3 (4) Plumbing work done by an irrigator licensed under
3-4 Chapter 34, Water Code, or an installer licensed under Chapter 33,
3-5 Water Code. A person holding a valid license from the Texas State
3-6 Board of Plumbing Examiners shall not be required to be licensed by
3-7 any other board or agency when installing or working on a lawn
3-8 irrigation system;
3-9 (5) Plumbing work done by an LP Gas installer when
3-10 working and licensed under Chapter 113, Natural Resources Code, as
3-11 amended;
3-12 (6) Plumbing work, limited to the provision of a
3-13 residential potable water supply or residential sanitary sewer
3-14 connections, for a project in a geographic area that is located in
3-15 a county any part of which is within 50 miles of an international
3-16 border that is done by an organization that:
3-17 (A) is certified by the Texas Natural Resource
3-18 Conservation Commission to provide "self-help" project assistance;
3-19 and
3-20 (B) provides the board with the following
3-21 information before the 30th day before the date the project begins:
3-22 (i) a specific project location;
3-23 (ii) the intended duration of the project;
3-24 and
3-25 (iii) other information the board may
3-26 require, including a post-construction report signed by a plumbing
3-27 inspector that the plumbing facilities are safe.
4-1 SECTION 3. Section 5B, The Plumbing License Law (Article
4-2 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-3 follows:
4-4 Sec. 5B. ADOPTION OF PLUMBING CODES. (a) To protect the
4-5 health and safety of the citizens of this state, the Board shall
4-6 adopt the following plumbing codes, as those codes existed on May
4-7 31, 2001:
4-8 (1) [Southern Standard Plumbing Code,] the Uniform
4-9 Plumbing Code, as published by the International Association of
4-10 Plumbing and Mechanical Officials; [,] and
4-11 (2) any plumbing code published by the International
4-12 Code Council [the National Standard Plumbing Code].
4-13 (b) The Board may by rule adopt later editions of the
4-14 plumbing codes listed under Subsection (a) of this section.
4-15 (c) Plumbing installed in an area not otherwise subject to
4-16 regulation under this Act by a person licensed under this Act must
4-17 be installed in accordance with a plumbing code adopted by the
4-18 Board under Subsection (a) or (b) of this section.
4-19 (d) In adopting plumbing codes and standards for the proper
4-20 design, installation, and maintenance of a plumbing system under
4-21 this section, a municipality or an owner of a public water system
4-22 may amend any provisions of the codes and standards to conform to
4-23 local concerns [adopt standards] that do not substantially vary
4-24 with rules or laws of this state.
4-25 (e) Plumbing installed in compliance with a code adopted
4-26 under Subsection (a), (b), or (d) of this section must be inspected
4-27 by a plumbing inspector. To perform this inspection, the political
5-1 subdivision may contract with any plumbing inspector paid directly
5-2 by the political subdivision. The plumbing inspector must be
5-3 licensed as required by Section 14(a) of this Act.
5-4 SECTION 4. Plumbing installed in a jurisdiction that has
5-5 adopted the Southern Standard Plumbing Code or the National
5-6 Standard Plumbing Code may continue to be installed in compliance
5-7 with the applicable code until the jurisdiction chooses to adopt a
5-8 new code allowed under this Act.
5-9 SECTION 5. The changes made by this Act control over any
5-10 other Act of the 77th Legislature, Regular Session, 2001, relating
5-11 to the adoption or implementation of uniform residential building
5-12 codes. To the extent of any conflict between this Act and another
5-13 Act of the 77th Legislature, Regular Session, 2001, this Act
5-14 prevails.
5-15 SECTION 6. (a) Except as provided by Subsection (b), this
5-16 Act takes effect September 1, 2001, and applies to the design,
5-17 inspection, installation, or maintenance of a plumbing system
5-18 performed on or after that date. The design, inspection,
5-19 installation, or maintenance of a plumbing system performed before
5-20 that date is governed by the law in effect on the date that the
5-21 design, inspection, installation, or maintenance occurred, and the
5-22 former law is continued in effect for that purpose.
5-23 (b) Section 3(a), The Plumbing License Law (Article
5-24 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
5-25 takes effect January 1, 2002.