1-1     By:  Reyna of Bexar (Senate Sponsor - Sibley)          H.B. No. 217
 1-2           (In the Senate - Received from the House April 26, 2001;
 1-3     April 27, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 10, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 6, Nays
 1-6     0; May 10, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 217                   By:  Sibley
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of plumbing.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 2(5), The Plumbing License Law (Article
1-13     6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-14     follows:
1-15                 (5)  "Plumbing Inspector" means any person employed by
1-16     a political subdivision, or who contracts as an independent
1-17     contractor with a political subdivision, for the purpose of
1-18     inspecting plumbing work and installations in connection with
1-19     health and safety laws and ordinances, who has no financial or
1-20     advisory interests in any plumbing company, and who has
1-21     successfully fulfilled the examinations and requirements of the
1-22     Board.
1-23           SECTION 2. Section 3(a), The Plumbing License Law (Article
1-24     6243-101, Vernon's Texas Civil Statutes), is amended to read as
1-25     follows:
1-26           (a)  The following acts, work and conduct shall be expressly
1-27     permitted without license:
1-28                 (1)  Plumbing work done by a property owner in a
1-29     building owned or occupied by him as his homestead;
1-30                 (2)  Plumbing work done on a property that is:
1-31                       (A)  located in a subdivision or on a tract of
1-32     land that is not required to be platted under Section 232.0015,
1-33     Local Government Code; or
1-34                       (B)  not connected to a public water system; and
1-35                       (C)  located outside the municipal limits of any
1-36     organized city, town or village in this state[, or within any such
1-37     city, town or village of less than five thousand (5,000)
1-38     inhabitants, unless required by ordinance in such city, town or
1-39     village of less than five thousand (5,000) inhabitants];
1-40                 (3)  Plumbing work done by anyone who is regularly
1-41     employed as or acting as a maintenance man or maintenance engineer,
1-42     incidental to and in connection with the business in which he is
1-43     employed or engaged, and who does not engage in the occupation of a
1-44     plumber for the general public; construction, installation and
1-45     maintenance work done upon the premises or equipment of a railroad
1-46     by an employee thereof who does not engage in the occupation of a
1-47     plumber for the general public; and plumbing work done by persons
1-48     engaged by any public service company in the laying, maintenance
1-49     and operation of its service mains or lines to the point of
1-50     measurement and the installation, alteration, adjustment, repair,
1-51     removal and renovation of all types of appurtenances, equipment and
1-52     appliances, including doing all that is necessary to render the
1-53     appliances useable or serviceable; appliance installation and
1-54     service work done by anyone who is an appliance dealer or is
1-55     employed by an appliance dealer, and acting as an appliance
1-56     installation man or appliance service man in connecting appliances
1-57     to existing piping installations; water treatment installations,
1-58     exchanges, services, or repairs.  Provided, however, that all work
1-59     and service herein named or referred to shall be subject to
1-60     inspection and approval in accordance with the terms of all local
1-61     valid city or municipal ordinances;
1-62                 (4)  Plumbing work done by an irrigator licensed under
1-63     Chapter 34, Water Code, or an installer licensed under Chapter 33,
1-64     Water Code. A person holding a valid license from the Texas State
 2-1     Board of Plumbing Examiners shall not be required to be licensed by
 2-2     any other board or agency when installing or working on a lawn
 2-3     irrigation system;
 2-4                 (5)  Plumbing work done by an LP Gas installer when
 2-5     working and licensed under Chapter 113, Natural Resources Code, as
 2-6     amended;
 2-7                 (6)  Plumbing work, limited to the provision of a
 2-8     residential potable water supply or residential sanitary sewer
 2-9     connections, for a project in a geographic area that is located in
2-10     a county any part of which is within 50 miles of an international
2-11     border that is done by an organization that:
2-12                       (A)  is certified by the Texas Natural Resource
2-13     Conservation Commission to provide "self-help" project assistance;
2-14     and
2-15                       (B)  provides the board with the following
2-16     information before the 30th day before the date the project begins:
2-17                             (i)  a specific project location;
2-18                             (ii)  the intended duration of the project;
2-19     and
2-20                             (iii)  other information the board may
2-21     require, including a post-construction report signed by a plumbing
2-22     inspector that the plumbing facilities are safe.
2-23           SECTION 3. Section 5B, The Plumbing License Law (Article
2-24     6243-101, Vernon's Texas Civil Statutes), is amended to read as
2-25     follows:
2-26           Sec. 5B.  ADOPTION OF PLUMBING CODES. (a)  To protect the
2-27     health and safety of the citizens of this state, the Board shall
2-28     adopt the following plumbing codes, as those codes existed on May
2-29     31, 2001:
2-30                 (1)  [Southern Standard Plumbing Code,] the Uniform
2-31     Plumbing Code, as published by the International Association of
2-32     Plumbing and Mechanical Officials; [,] and
2-33                 (2)  the International Plumbing Code published by the
2-34     International Code Council [the National Standard Plumbing Code].
2-35           (b)  The Board may by rule adopt later editions of the
2-36     plumbing codes listed under Subsection (a) of this section.
2-37           (c)  Plumbing installed in an area not otherwise subject to
2-38     regulation under this Act by a person licensed under this Act must
2-39     be installed in accordance with a plumbing code adopted by the
2-40     Board under Subsection (a) or (b) of this section.
2-41           (d)  In adopting plumbing codes and standards for the proper
2-42     design, installation, and maintenance of a plumbing system under
2-43     this section, a municipality or an owner of a public water system
2-44     may amend any provisions of the codes and standards to conform to
2-45     local concerns [adopt standards] that do not substantially vary
2-46     with rules or laws of this state.
2-47           (e)  Plumbing installed in compliance with a code adopted
2-48     under Subsection (a), (b), or (d) of this section must be inspected
2-49     by a plumbing inspector.  To perform this inspection, the political
2-50     subdivision may contract with any plumbing inspector paid directly
2-51     by the political subdivision.  The plumbing inspector must be
2-52     licensed as required by Section 14(a) of this Act.
2-53           SECTION 4. Plumbing installed in a jurisdiction that has
2-54     adopted the Southern Standard Plumbing Code or the National
2-55     Standard Plumbing Code may continue to be installed in compliance
2-56     with the applicable code until the jurisdiction chooses to adopt a
2-57     new code allowed under this Act.
2-58           SECTION 5. (a)  Except as provided by Subsection (b), this
2-59     Act takes effect September 1, 2001, and applies to the design,
2-60     inspection, installation, or maintenance of a plumbing system
2-61     performed on or after that date.  The design, inspection,
2-62     installation, or maintenance of a plumbing system performed before
2-63     that date is governed by the law in effect on the date that the
2-64     design, inspection, installation, or maintenance occurred, and the
2-65     former law is continued in effect for that purpose.
2-66           (b)  Section 3(a), The Plumbing License Law (Article
2-67     6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
2-68     takes effect January 1, 2002.
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