77R10131 MXM-D
By Reyna of Bexar H.B. No. 217
Substitute the following for H.B. No. 217:
By Reyna of Bexar C.S.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 3(a), The Plumbing License Law (Article
1-5 6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-6 follows:
1-7 (a) The following acts, work and conduct shall be expressly
1-8 permitted without license:
1-9 (1) Plumbing work done by a property owner in a
1-10 building owned or occupied by him as his homestead;
1-11 (2) Plumbing work done to single family residential
1-12 property that is not connected to a public water system and that
1-13 is located outside the municipal limits of any organized city, town
1-14 or village in this state[, or within any such city, town or village
1-15 of less than five thousand (5,000) inhabitants, unless required by
1-16 ordinance in such city, town or village of less than five thousand
1-17 (5,000) inhabitants];
1-18 (3) Plumbing work done by anyone who is regularly
1-19 employed as or acting as a maintenance man or maintenance engineer,
1-20 incidental to and in connection with the business in which he is
1-21 employed or engaged, and who does not engage in the occupation of a
1-22 plumber for the general public; construction, installation and
1-23 maintenance work done upon the premises or equipment of a railroad
1-24 by an employee thereof who does not engage in the occupation of a
2-1 plumber for the general public; and plumbing work done by persons
2-2 engaged by any public service company in the laying, maintenance
2-3 and operation of its service mains or lines to the point of
2-4 measurement and the installation, alteration, adjustment, repair,
2-5 removal and renovation of all types of appurtenances, equipment and
2-6 appliances, including doing all that is necessary to render the
2-7 appliances useable or serviceable; appliance installation and
2-8 service work done by anyone who is an appliance dealer or is
2-9 employed by an appliance dealer, and acting as an appliance
2-10 installation man or appliance service man in connecting appliances
2-11 to existing piping installations; water treatment installations,
2-12 exchanges, services, or repairs. Provided, however, that all work
2-13 and service herein named or referred to shall be subject to
2-14 inspection and approval in accordance with the terms of all local
2-15 valid city or municipal ordinances;
2-16 (4) Plumbing work done by an irrigator licensed under
2-17 Chapter 34, Water Code, or an installer licensed under Chapter 33,
2-18 Water Code. A person holding a valid license from the Texas State
2-19 Board of Plumbing Examiners shall not be required to be licensed by
2-20 any other board or agency when installing or working on a lawn
2-21 irrigation system;
2-22 (5) Plumbing work done by an LP Gas installer when
2-23 working and licensed under Chapter 113, Natural Resources Code, as
2-24 amended;
2-25 (6) Plumbing work, limited to the provision of a
2-26 residential potable water supply or residential sanitary sewer
2-27 connections, for a project in a geographic area that is located in
3-1 a county any part of which is within 50 miles of an international
3-2 border that is done by an organization that:
3-3 (A) is certified by the Texas Natural Resource
3-4 Conservation Commission to provide "self-help" project assistance;
3-5 and
3-6 (B) provides the board with the following
3-7 information before the 30th day before the date the project begins:
3-8 (i) a specific project location;
3-9 (ii) the intended duration of the project;
3-10 and
3-11 (iii) other information the board may
3-12 require, including a post-construction report signed by a plumbing
3-13 inspector that the plumbing facilities are safe.
3-14 SECTION 2. Section 5B, The Plumbing License Law (Article
3-15 6243-101, Vernon's Texas Civil Statutes), is amended to read as
3-16 follows:
3-17 Sec. 5B. ADOPTION OF PLUMBING CODES. (a) To protect the
3-18 health and safety of the citizens of this state, the Board shall
3-19 adopt the following plumbing codes, as those codes existed on May
3-20 31, 2001: [Southern Standard Plumbing Code,]
3-21 (1) the Uniform Plumbing Code, as published by the
3-22 International Association of Plumbing and Mechanical Officials; [,]
3-23 and
3-24 (2) any plumbing code published by the International
3-25 Code Council [the National Standard Plumbing Code].
3-26 (b) The Board may by rule adopt later editions of the
3-27 plumbing codes listed under Subsection (a) of this section.
4-1 (c) Plumbing installed in an area not otherwise subject to
4-2 regulation under this Act must be installed in accordance with a
4-3 plumbing code adopted by the Board under Subsection (a) or (b) of
4-4 this section.
4-5 (d) In adopting plumbing codes and standards for the proper
4-6 design, installation, and maintenance of a plumbing system under
4-7 this section, a municipality or an owner of a public water system
4-8 may amend any provisions of the codes and standards to conform to
4-9 local concerns [adopt standards] that do not substantially vary
4-10 with rules or laws of this state.
4-11 (e) Plumbing installed in compliance with a code adopted
4-12 under Subsection (a), (b) or (d) of this section must be inspected
4-13 by a plumbing inspector or any other person paid directly by the
4-14 political subdivision to perform the same functions as a plumbing
4-15 inspector.
4-16 SECTION 3. Plumbing installed in a jurisdiction that has
4-17 adopted the Southern Standard Plumbing Code or the National
4-18 Standard Plumbing Code may continue to be installed in compliance
4-19 with the applicable code until the jurisdiction chooses to adopt a
4-20 new code allowed under this Act.
4-21 SECTION 4. (a) Except as provided by Subsection (b), this
4-22 Act takes effect September 1, 2001, and applies to the design,
4-23 inspection, installation, or maintenance of a plumbing system
4-24 performed on or after that date. The design, inspection,
4-25 installation, or maintenance of a plumbing system performed before
4-26 that date is governed by the law in effect on the date that the
4-27 design, inspection, installation, or maintenance occurred, and the
5-1 former law is continued in effect for that purpose.
5-2 (b) Section 3(a), The Plumbing License Law (Article
5-3 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
5-4 takes effect January 1, 2002.