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.