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.