1-1 AN ACT
1-2 relating to the regulation of plumbing; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, The Plumbing License Law (Article
1-5 6243-101, Vernon's Texas Civil Statutes), is amended by amending
1-6 Subdivisions (1), (2), (3), (4), and (5) and adding Subdivisions
1-7 (10), (11), (12), and (13) to read as follows:
1-8 (1) "Plumbing" means:
1-9 (A) All piping, fixtures, appurtenances and
1-10 appliances for supply or recirculation of water, gas, liquids, and
1-11 drainage or elimination of sewage, including disposal systems or
1-12 any combination thereof, for all personal or domestic purposes in
1-13 and about buildings where a person or persons live, work or
1-14 assemble; all piping, fixtures, appurtenances and appliances
1-15 outside a building connecting the building with the source of
1-16 water, gas, medical gases and vacuum, or other liquid supply, or
1-17 combinations thereof, on the premises, or the main in the street,
1-18 alley or at the curb; all piping, fixtures, appurtenances,
1-19 appliances, drain or waste pipes carrying waste water or sewage
1-20 from or within a building to the sewer service lateral at the curb
1-21 or in the street or alley or other disposal or septic terminal
1-22 holding private or domestic sewage; or
1-23 (B) the installation, repair, service, and
1-24 maintenance of all piping, fixtures, appurtenances and appliances
2-1 in and about buildings where a person or persons live, work or
2-2 assemble, for a supply of gas, medical gases and vacuum, water,
2-3 liquids, or any combination thereof, or disposal of waste water or
2-4 sewage.
2-5 (2) "Master Plumber" means a person licensed under
2-6 this Act who is skilled in the planning, superintending, and the
2-7 practical installation, repair, and service of plumbing, who
2-8 secures permits for plumbing work, who [and] is knowledgeable about
2-9 [familiar with] the codes, ordinances, or rules and regulations
2-10 governing those matters, who alone, or through a person or persons
2-11 under his supervision, performs plumbing work, and who has
2-12 successfully fulfilled the examinations and requirements of the
2-13 Board.
2-14 (3) "Journeyman Plumber" means a [any] person licensed
2-15 under this Act who has met the qualifications for registration as a
2-16 plumber's apprentice or for licensure as a tradesman
2-17 plumber-limited licensee, who has completed at least 8,000 hours
2-18 working under the supervision of [other than] a master plumber, who
2-19 supervises, engages in, or works at the actual installation,
2-20 alteration, repair, service, and renovating of plumbing, and who
2-21 has successfully fulfilled the examinations and requirements of the
2-22 Board.
2-23 (4) "Plumber's Apprentice" means any person other than
2-24 a master plumber, [or] journeyman plumber, or tradesman
2-25 plumber-limited licensee who, as his principal occupation, is
2-26 engaged in learning and assisting in the installation of plumbing,
2-27 is registered by the Board, and works under the supervision of a
3-1 licensed master plumber and the direct supervision of a licensed
3-2 plumber.
3-3 (5) "Plumbing Inspector" means any person who is
3-4 employed by a political subdivision for the purpose of inspecting
3-5 plumbing work and installations in connection with health and
3-6 safety laws, [and] ordinances, and plumbing and gas codes, who has
3-7 no financial or advisory interests in any plumbing company, and who
3-8 has successfully fulfilled the examinations and requirements of the
3-9 Board.
3-10 (10) "Tradesman Plumber-Limited Licensee" means a
3-11 person who has completed at least 4,000 hours working under the
3-12 direct supervision of a journeyman or master plumber as a
3-13 registered plumber's apprentice, who has passed the required
3-14 examination and fulfilled the other requirements of the Board, who
3-15 constructs and installs plumbing for one-family or two-family
3-16 dwellings, and who has not met or attempted to meet the
3-17 qualifications for a journeyman plumber license.
3-18 (11) "Residential Utilities Installer" means a person
3-19 who has completed at least 2,000 hours working under the
3-20 supervision of a master plumber as a registered plumber's
3-21 apprentice, who has fulfilled the requirements of and is registered
3-22 with the Board, and who constructs and installs yard water service
3-23 piping for one-family or two-family dwellings and building sewers.
3-24 (12) "Drain Cleaner" means a person who has completed
3-25 at least 4,000 hours working under the supervision of a master
3-26 plumber as a registered drain cleaner-restricted registrant, who
3-27 has fulfilled the requirements of and is registered with the Board,
4-1 and who installs cleanouts and removes and resets p-traps to
4-2 eliminate obstructions in building drains and sewers.
4-3 (13) "Drain Cleaner-Restricted Registrant" means a
4-4 person who has worked as a registered plumber's apprentice under
4-5 the supervision of a master plumber, who has fulfilled the
4-6 requirements of and is registered with the Board, and who clears
4-7 obstructions in sewer and drain lines through any code-approved
4-8 existing opening.
4-9 SECTION 2. Section 3(a), The Plumbing License Law (Article
4-10 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-11 follows:
4-12 (a) The following acts, work and conduct shall be expressly
4-13 permitted without license:
4-14 (1) Plumbing work done by a property owner in a
4-15 building owned or occupied by him as his homestead;
4-16 (2) Plumbing work done outside the municipal limits of
4-17 any organized city, town or village in this state, or within any
4-18 such city, town or village of less than five thousand (5,000)
4-19 inhabitants, unless required by ordinance in such city, town or
4-20 village of less than five thousand (5,000) inhabitants;
4-21 (3) Plumbing work done by anyone who is regularly
4-22 employed as or acting as a maintenance man or maintenance engineer,
4-23 incidental to and in connection with the business in which he is
4-24 employed or engaged, and who does not engage in the occupation of a
4-25 plumber for the general public; construction, installation and
4-26 maintenance work done upon the premises or equipment of a railroad
4-27 by an employee thereof who does not engage in the occupation of a
5-1 plumber for the general public; [and] plumbing work done by persons
5-2 engaged by any public service company in the laying, maintenance
5-3 and operation of its service mains or lines to the point of
5-4 measurement and the installation, alteration, adjustment, repair,
5-5 removal and renovation of all types of appurtenances, equipment and
5-6 appliances, including doing all that is necessary to render the
5-7 appliances useable or serviceable; appliance installation and
5-8 service work done by anyone who is an appliance dealer or is
5-9 employed by an appliance dealer, and acting as an appliance
5-10 installation man or appliance service man in connecting appliances
5-11 to existing openings with a code-approved appliance connector
5-12 [piping installations]; and water treatment installations,
5-13 exchanges, services, or repairs. Provided, however, that all work
5-14 and service herein named or referred to shall be subject to
5-15 inspection and approval in accordance with the terms of all
5-16 applicable state laws and local valid city or municipal ordinances;
5-17 (4) Plumbing work done by an irrigator licensed under
5-18 Chapter 34, Water Code, or an installer licensed under Chapter 33,
5-19 Water Code. A person holding a valid license from the Texas State
5-20 Board of Plumbing Examiners shall not be required to be licensed by
5-21 any other board or agency when installing or working on a lawn
5-22 irrigation system;
5-23 (5) LPG system installation [Plumbing] work done by an
5-24 LP Gas installer when working and licensed under Chapter 113,
5-25 Natural Resources Code, as amended;
5-26 (6) Plumbing work, limited to the provision of a
5-27 residential potable water supply or residential sanitary sewer
6-1 connections, for a project in a geographic area that is located in
6-2 a county any part of which is within 50 miles of an international
6-3 border that is done by an organization that:
6-4 (A) is certified by the Texas Natural Resource
6-5 Conservation Commission to provide "self-help" project assistance;
6-6 and
6-7 (B) provides the board with the following
6-8 information before the 30th day before the date the project begins:
6-9 (i) a specific project location;
6-10 (ii) the intended duration of the project;
6-11 and
6-12 (iii) other information the board may
6-13 require, including a post-construction report signed by a plumbing
6-14 inspector that the plumbing facilities are safe; and
6-15 (7) Verification of medical gas and vacuum piping
6-16 integrity and content.
6-17 SECTION 3. Section 3A(a), The Plumbing License Law (Article
6-18 6243-101, Vernon's Texas Civil Statutes), is amended to read as
6-19 follows:
6-20 (a) The Commissioner of Health or his designee shall certify
6-21 persons as being qualified for the installation, exchange,
6-22 servicing, and repair of residential water treatment facilities [as
6-23 defined by Subsection (g) of Section 2 of this Act]. The Texas
6-24 Board of Health shall set standards for certification to ensure the
6-25 public health and to protect the public from unqualified persons
6-26 engaging in activities relating to water treatment. Nothing in
6-27 this section shall be construed to require that persons licensed
7-1 pursuant to this Act are subject to certification under this
7-2 section.
7-3 SECTION 4. Section 4(a), The Plumbing License Law (Article
7-4 6243-101, Vernon's Texas Civil Statutes), is amended to read as
7-5 follows:
7-6 (a) The Texas State Board of Plumbing Examiners shall
7-7 consist of nine members, each of whom shall be a citizen of the
7-8 United States and a resident of this state. Members of the Board
7-9 and their successors shall be appointed by the Governor and
7-10 confirmed by the Senate, and shall hold office for terms of six
7-11 years, or until their successors are appointed and have qualified.
7-12 Appointments to the Board shall be made without regard to the race,
7-13 creed, sex, religion, or national origin of the appointees. One
7-14 member of the Board shall have had at least ten years practical
7-15 experience and be licensed as a master plumber, one member shall
7-16 have had at least five years practical experience and be licensed
7-17 as a journeyman plumber, one member shall be a plumbing contractor
7-18 with five years experience, one member shall be a licensed
7-19 professional [sanitary] engineer, two members shall be building
7-20 contractors with five years contracting experience (one of whom
7-21 shall be principally engaged in home building and one of whom shall
7-22 be principally engaged in commercial building), and one member
7-23 shall have had at least five years practical experience and be
7-24 licensed as a plumbing inspector. Two members must be
7-25 representatives of the general public. A person is not eligible
7-26 for appointment as a public member if the person or the person's
7-27 spouse:
8-1 (1) is licensed by an occupational regulatory agency
8-2 in the building construction industry;
8-3 (2) is employed by or participates in the management
8-4 of an agency or business entity related to the building
8-5 construction industry; or
8-6 (3) has, other than as a consumer, a financial
8-7 interest in a business entity related to the building construction
8-8 industry.
8-9 SECTION 5. Section 5, The Plumbing License Law (Article
8-10 6243-101, Vernon's Texas Civil Statutes), is amended by amending
8-11 Subsections (a) and (d) and adding Subsection (f) to read as
8-12 follows:
8-13 (a) The Board shall administer the provisions of this Act.
8-14 The Board shall formally elect a chairman and a secretary from its
8-15 members and shall [may] adopt such rules as it deems necessary for
8-16 the orderly conduct and enforcement of its affairs. The Board is
8-17 hereby authorized and empowered to employ, promote and discharge
8-18 such assistants and employees as it may deem necessary to properly
8-19 carry out the intent and purpose of this Act, and to fix and pay
8-20 their compensation and salaries and to provide for their duties and
8-21 the terms of their employment. A majority of the Board shall
8-22 constitute a quorum for the transaction of business. The Board
8-23 shall have a seal which shall be judicially noticed. The Board
8-24 shall keep records of all proceedings and actions by and before the
8-25 Board. The Board is hereby authorized, empowered and directed to
8-26 prescribe, amend and enforce all rules and regulations necessary to
8-27 carry out this Act. The Board shall appoint an employee or
9-1 employees thereof, with the power of removal, as a plumbing
9-2 examiner or examiners, whose duties shall be to examine, as to
9-3 their fitness and qualifications, all persons applying to the Board
9-4 for licenses to engage in the business, trade or calling of a
9-5 master plumber, [or a] journeyman plumber, tradesman
9-6 plumber-limited licensee, or [to serve as a] plumbing inspector,
9-7 and to promptly certify the result thereof to said State Board of
9-8 Plumbing Examiners. The Board shall register a person who complies
9-9 with this Act as a drain cleaner, drain cleaner-restricted
9-10 registrant, residential utilities installer, or plumber's
9-11 apprentice.
9-12 (d) The Board shall [may] recognize, approve [prepare], and
9-13 administer [or implement] continuing education programs for
9-14 licensees and endorsees. [Participation in the programs is
9-15 voluntary.]
9-16 (f) The Board may appoint advisory committees as it
9-17 considers necessary. An advisory committee shall serve without
9-18 compensation or reimbursement and is subject to Section 2110.008,
9-19 Government Code.
9-20 SECTION 6. Section 5B(b), The Plumbing License Law (Article
9-21 6243-101, Vernon's Texas Civil Statutes), is amended to read as
9-22 follows:
9-23 (b) In adopting a plumbing code [standards] for the proper
9-24 design, installation, and maintenance of a plumbing system, a
9-25 municipality or an owner of a public water system may adopt a code
9-26 [standards] that does [do] not substantially vary with rules or
9-27 laws of this state.
10-1 SECTION 7. The section heading to Section 8, The Plumbing
10-2 License Law (Article 6243-101, Vernon's Texas Civil Statutes), is
10-3 amended to read as follows:
10-4 Sec. 8. ISSUANCE OF LICENSES; ENDORSEMENTS.
10-5 SECTION 8. Section 8(a), The Plumbing License Law (Article
10-6 6243-101, Vernon's Texas Civil Statutes), is amended to read as
10-7 follows:
10-8 (a) The Board shall issue licenses and endorsements to such
10-9 persons as have by a uniform, reasonable examination shown
10-10 themselves fit, competent and qualified to engage in the business,
10-11 trade or calling of a master plumber, [or] journeyman plumber, [or]
10-12 plumbing inspector, tradesman plumber-limited licensee, medical gas
10-13 piping installation endorsee, or water supply protection specialist
10-14 [as the case may be].
10-15 SECTION 9. Section 8A(e), The Plumbing License Law (Article
10-16 6243-101, Vernon's Texas Civil Statutes), is amended to read as
10-17 follows:
10-18 (e) Each written contract for plumbing services to be
10-19 performed by or under the direction of a licensed plumber in this
10-20 state [of a licensed plumber] shall contain the name, mailing
10-21 address, and telephone number of the Board.
10-22 SECTION 10. Section 8B, The Plumbing License Law (Article
10-23 6243-101, Vernon's Texas Civil Statutes), as added by Section 1,
10-24 Chapter 857, Acts of the 70th Legislature, Regular Session, 1987,
10-25 is amended to read as follows:
10-26 Sec. 8B. ENFORCEMENT BY INSPECTOR. In addition to
10-27 enforcement by the Board, each plumbing inspector shall [may]
11-1 enforce this Act.
11-2 SECTION 11. Sections 8C(a) and (c), The Plumbing License Law
11-3 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
11-4 read as follows:
11-5 (a) A medical gas piping installation endorsement entitles a
11-6 holder of a master plumber license or journeyman plumber license to
11-7 install pipe used solely to transport gases used for medical
11-8 purposes and a vacuum used for medical purposes. A plumbing
11-9 inspector who meets the requirements of the Board may inspect
11-10 medical gas piping installations.
11-11 (c) An endorsement under this section is valid for three
11-12 years and may be renewed as provided by Board rule [on or before
11-13 February 1, or as provided by Section 12A of this Act, in the same
11-14 manner as a license renewal under Section 12 of this Act].
11-15 SECTION 12. Sections 9(a), (c), (d), and (e), The Plumbing
11-16 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
11-17 amended to read as follows:
11-18 (a) The Board shall revoke or suspend a license,
11-19 endorsement, or registration, probate a license, endorsement, or
11-20 registration suspension, or reprimand a licensee, endorsee, or
11-21 registrant for any violations of this Act or rules of the Board. A
11-22 violation of this Act shall include but not be limited to:
11-23 obtaining a license, endorsement, or registration through error or
11-24 fraud; having wilfully, negligently or arbitrarily violated
11-25 municipal rules or ordinances regulating sanitation, drainage and
11-26 plumbing; [knowingly] making a [substantial] misrepresentation of
11-27 services to be provided or which have been provided; or making any
12-1 false promise with intent to influence, persuade, or induce an
12-2 individual to contract for services. Any person whose license,
12-3 endorsement, or registration has been revoked may, after the
12-4 expiration of one year from the date of such revocation, but not
12-5 before, apply for a new license, endorsement, or registration.
12-6 (c) If the Board proposes to refuse a person's application
12-7 for a license, endorsement, or registration, [licensure] or to
12-8 suspend or revoke a person's license, endorsement, or registration,
12-9 the person is entitled to a hearing before the Board. Grounds for
12-10 suspension or revocation of a license, endorsement, or registration
12-11 due to suspected incompetence or wilful violation by a licensee may
12-12 be determined through retesting procedures.
12-13 (d) Proceedings for the refusal, suspension, or revocation
12-14 of a license, endorsement, or registration are governed by Chapter
12-15 2001, Government Code [the Administrative Procedure and Texas
12-16 Register Act, as amended (Article 6252-13a, Vernon's Texas Civil
12-17 Statutes)].
12-18 (e) A person commits an offense if the person [knowingly]
12-19 violates this Act or a rule adopted under this Act, engages in
12-20 activities for which a license, endorsement, or registration is
12-21 required without a license, endorsement, or registration issued
12-22 under this Act, or employs an unlicensed, unendorsed, or
12-23 unregistered person to engage in activities for which a license,
12-24 endorsement, or registration is required by this Act. An offense
12-25 under this subsection is a Class C misdemeanor.
12-26 SECTION 13. Section 11, The Plumbing License Law (Article
12-27 6243-101, Vernon's Texas Civil Statutes), is amended to read as
13-1 follows:
13-2 Sec. 11. APPRENTICE. (a) A person who desires to learn the
13-3 trade of plumbing shall register as a plumber's apprentice before
13-4 beginning to assist a licensee at the trade of plumbing.
13-5 (b) Any person who has worked as a plumber's apprentice at
13-6 the [business,] trade [or calling] of plumbing for such a length of
13-7 time as the law or the Board may prescribe in its rules and
13-8 regulations, and who desires to take an examination to entitle him
13-9 to a license as a journeyman plumber or tradesman plumber-limited
13-10 licensee, may file his application and take the examination
13-11 provided by the Board.
13-12 SECTION 14. Section 12, The Plumbing License Law (Article
13-13 6243-101, Vernon's Texas Civil Statutes), is amended to read as
13-14 follows:
13-15 Sec. 12. NONTRANSFERABLE [LICENSES]; RENEWALS OF LICENSES,
13-16 ENDORSEMENTS, AND REGISTRATIONS. (a) Licenses, endorsements, and
13-17 registrations issued by the Board shall be valid throughout the
13-18 state, but shall not be assignable or transferable. [The Board
13-19 shall forward to the local Board of Health, if there be one, of
13-20 each town, or to the other authority having control of the
13-21 enforcement of regulations relative to plumbing in each town, the
13-22 names and addresses of all persons in such town to whom such
13-23 licenses have been granted.] Licenses and registrations shall be
13-24 issued for one year and may be renewed annually [on or before
13-25 February 1st or as provided by Section 12A of this Act upon payment
13-26 of the required fee]. The Board by rule may adopt a system under
13-27 which licenses, endorsements, and registrations expire on various
14-1 dates during the year.
14-2 (b) A person who has complied with the continuing education
14-3 requirement of Section 12B of this Act may renew an unexpired
14-4 license or endorsement by paying the required renewal fee to the
14-5 Board before the expiration date of the license or endorsement. A
14-6 person may renew an unexpired registration by paying the required
14-7 renewal fee to the Board before the expiration date of the
14-8 registration.
14-9 (c) A person who has complied with the continuing education
14-10 requirement of Section 12B of this Act and whose license or
14-11 endorsement has been expired for 90 days or less may renew the
14-12 license or endorsement by paying to the Board the required renewal
14-13 fee and a fee that is one-half of the examination fee for the
14-14 license or endorsement. A person whose registration has been
14-15 expired for 90 days or less may renew the registration by paying to
14-16 the Board the required renewal fee and a fee that is one-half the
14-17 registration fee.
14-18 (d) A person who has complied with the continuing education
14-19 requirement of Section 12B of this Act and whose license or
14-20 endorsement has been expired for longer than 90 days but less than
14-21 two years may renew the license or endorsement by paying to the
14-22 Board all unpaid renewal fees and a fee that is equal to the
14-23 examination fee for the license or endorsement. A person whose
14-24 registration has been expired for longer than 90 days but less than
14-25 two years may renew the registration by paying to the Board all
14-26 unpaid renewal fees and a fee that is equal to the registration
14-27 fee.
15-1 (e) If a person's license, endorsement, or registration has
15-2 been expired for two years or longer, the person may not renew the
15-3 license, endorsement, or registration. The person may obtain a new
15-4 license, endorsement, or registration by submitting to
15-5 reexamination for a license or endorsement and complying with the
15-6 requirements and procedures for obtaining an original license,
15-7 endorsement, or registration.
15-8 (f) At least 30 days before the expiration of a person's
15-9 license, endorsement, or registration, the Board shall send written
15-10 notice of the impending [license] expiration to the person at the
15-11 person's [licensee's] last known address according to the records
15-12 of the Board. The person shall notify the Board not later than the
15-13 30th day after the date of receipt of the written notice of any
15-14 change of name or address.
15-15 SECTION 15. Sections 12B(a) and (d), The Plumbing License Law
15-16 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
15-17 read as follows:
15-18 (a) A person holding a license or endorsement under this Act
15-19 must complete at least six hours of continuing professional
15-20 education each [license] year the person is licensed or endorsed.
15-21 Three of the six hours required must be in the subjects of health
15-22 protection, energy conservation, and water conservation.
15-23 (d) A person holding a license or endorsement under this Act
15-24 [who lives in a county having no city with a population in excess
15-25 of 100,000] may fulfill the continuing professional education
15-26 requirement of this section through a correspondence course as
15-27 approved by the Board.
16-1 SECTION 16. Sections 14(a) and (e), The Plumbing License Law
16-2 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
16-3 read as follows:
16-4 (a) No person, whether as a master plumber, journeyman
16-5 plumber, tradesman plumber-limited licensee, plumber's apprentice,
16-6 residential utilities installer, drain cleaner, drain
16-7 cleaner-restricted registrant, or otherwise, shall engage in, work
16-8 at, or conduct the business of plumbing in this state or serve as a
16-9 plumbing inspector as herein defined, except as herein specifically
16-10 exempted from the provisions of this Act, unless such person is the
16-11 holder of a valid license, endorsement, or registration as provided
16-12 for by this Act. It shall be unlawful for any person, firm, or
16-13 corporation to engage in or work at the business of installing
16-14 plumbing and doing plumbing work except as specifically herein
16-15 provided unless such installation of plumbing or plumbing work be
16-16 under the supervision and control of a plumber licensed under this
16-17 Act. A license holder may not act as a water supply protection
16-18 specialist unless the license holder has the appropriate license
16-19 endorsement under Section 11A or 11B of this Act.
16-20 (e) A field representative or, within the jurisdiction of
16-21 that municipality, a municipal plumbing inspector or water district
16-22 plumbing inspector, shall [may] issue a citation to a person who
16-23 engages in conduct described by Subsection (e) of Section 9 of this
16-24 Act.
16-25 SECTION 17. Section 15, The Plumbing License Law (Article
16-26 6243-101, Vernon's Texas Civil Statutes), is amended by amending
16-27 Subsection (a) and adding Subsections (d) and (e) to read as
17-1 follows:
17-2 (a) Every city in this state of more than five thousand
17-3 (5,000) inhabitants shall, and any city or town of this state may,
17-4 by ordinance or by-law, prescribe rules and regulations for the
17-5 materials, construction, alteration and inspection of all pipes,
17-6 faucets, tanks, valves, water heaters, and other fixtures by and
17-7 through which a supply of water, gas or sewage is used or carried.
17-8 In a city or town subject to this subsection, all plumbing
17-9 inspections must be performed by a licensed plumbing inspector. A
17-10 pipe, faucet, tank, valve, water heater, or other fixture may[; and
17-11 provided that they shall] not be placed in any building [therein]
17-12 except in accordance with such rules and regulations. No [; and
17-13 shall further provide that no] plumbing shall be done except the
17-14 [in case of] repairing of leaks, without a permit being first
17-15 issued [therefor] upon such terms and conditions as such city or
17-16 town shall prescribe. No [; provided that no] such ordinance,
17-17 by-law, rule or regulation prescribed by any such city or town
17-18 shall be inconsistent with this Act, or any rule or regulation
17-19 adopted or prescribed by the [State] Board [of Plumbing Examiners].
17-20 (d) When a person is issued a master plumber's license, the
17-21 person must provide the Board with a certificate of insurance that
17-22 meets the requirements of Subsection (c) before the person works as
17-23 a master plumber.
17-24 (e) If the boundaries of a municipality and a municipal
17-25 utility district overlap, only the affected municipality may
17-26 perform a plumbing inspection and collect a permit fee. The
17-27 plumbing inspection must be performed by a licensed plumbing
18-1 inspector, and the standard used in the plumbing inspection may not
18-2 be less restrictive than the standard used by the municipal utility
18-3 district.
18-4 SECTION 18. Section 12A, The Plumbing License Law (Article
18-5 6243-101, Vernon's Texas Civil Statutes), is repealed.
18-6 SECTION 19. Section 4(a), The Plumbing License Law (Article
18-7 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
18-8 applies only to members of the Texas State Board of Plumbing
18-9 Examiners appointed on or after the effective date of this Act. A
18-10 person who is serving on the Texas State Board of Plumbing
18-11 Examiners on the effective date of this Act is entitled to continue
18-12 to serve until expiration of that person's term unless otherwise
18-13 removed.
18-14 SECTION 20. Section 8A(e), The Plumbing License Law (Article
18-15 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
18-16 applies only to a contract entered into on or after the effective
18-17 date of this Act. A contract entered into before the effective
18-18 date of this Act is governed by the law in effect on the date the
18-19 contract was entered into, and the former law is continued in
18-20 effect for that purpose.
18-21 SECTION 21. Sections 8C and 12, The Plumbing License Law
18-22 (Article 6243-101, Vernon's Texas Civil Statutes), as amended by
18-23 this Act, apply only to the renewal requirements for a license,
18-24 endorsement, or registration that is renewed on or after the
18-25 effective date of this Act. Renewal requirements for a license,
18-26 endorsement, or registration that is renewed before the effective
18-27 date of this Act are governed by the law in effect on the date the
19-1 license, endorsement, or registration is renewed, and the former
19-2 law is continued in effect for that purpose.
19-3 SECTION 22. Section 9, The Plumbing License Law (Article
19-4 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
19-5 applies only to a disciplinary proceeding against a licensee,
19-6 endorsee, or registrant commenced on or after the effective date of
19-7 this Act. A disciplinary proceeding against a licensee, endorsee,
19-8 or registrant commenced before the effective date of this Act is
19-9 governed by the law in effect immediately before the effective date
19-10 of this Act, and the former law is continued in effect for that
19-11 purpose. For purposes of this section, a disciplinary proceeding
19-12 is commenced if it is set for hearing.
19-13 SECTION 23. Section 15(a), The Plumbing License Law (Article
19-14 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
19-15 applies only to a plumbing inspection performed on or after the
19-16 effective date of this Act. A plumbing inspection performed before
19-17 the effective date of this Act is governed by the law in effect on
19-18 the date of the plumbing inspection, and the former law is
19-19 continued in effect for that purpose.
19-20 SECTION 24. The Texas State Board of Plumbing Examiners shall
19-21 adopt the rules required under the changes to The Plumbing License
19-22 Law (Article 6243-101, Vernon's Texas Civil Statutes) made by this
19-23 Act not later than January 1, 2002.
19-24 SECTION 25. (a) Except as provided by Subsection (b), this
19-25 Act takes effect September 1, 2001, and applies only to a license,
19-26 endorsement, or registration issued or renewed under The Plumbing
19-27 License Law (Article 6243-101, Vernon's Texas Civil Statutes), as
20-1 amended by this Act, on or after that date. A license,
20-2 endorsement, or registration issued or renewed before the effective
20-3 date of this Act is governed by the law in effect on the date the
20-4 license, endorsement, or registration is issued or renewed, and the
20-5 former law is continued in effect for that purpose.
20-6 (b) A person is not required to be registered as a drain
20-7 cleaner, drain cleaner-restricted registrant, residential utilities
20-8 installer, or plumber's apprentice or licensed as a tradesman
20-9 plumber-limited licensee under The Plumbing License Law (Article
20-10 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
20-11 until March 1, 2002.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1505 was passed by the House on May
11, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1505 was passed by the Senate on May
17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor