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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