1-1 By: Yarbrough (Senate Sponsor - Carona) H.B. No. 1505
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Business
1-4 and Commerce; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of plumbing; providing a penalty.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 2, The Plumbing License Law (Article
1-11 6243-101, Vernon's Texas Civil Statutes), is amended by amending
1-12 Subdivisions (1), (2), (3), (4), and (5) and adding Subdivisions
1-13 (10), (11), (12), and (13) to read as follows:
1-14 (1) "Plumbing" means:
1-15 (A) All piping, fixtures, appurtenances and
1-16 appliances for supply or recirculation of water, gas, liquids, and
1-17 drainage or elimination of sewage, including disposal systems or
1-18 any combination thereof, for all personal or domestic purposes in
1-19 and about buildings where a person or persons live, work or
1-20 assemble; all piping, fixtures, appurtenances and appliances
1-21 outside a building connecting the building with the source of
1-22 water, gas, medical gases and vacuum, or other liquid supply, or
1-23 combinations thereof, on the premises, or the main in the street,
1-24 alley or at the curb; all piping, fixtures, appurtenances,
1-25 appliances, drain or waste pipes carrying waste water or sewage
1-26 from or within a building to the sewer service lateral at the curb
1-27 or in the street or alley or other disposal or septic terminal
1-28 holding private or domestic sewage; or
1-29 (B) the installation, repair, service, and
1-30 maintenance of all piping, fixtures, appurtenances and appliances
1-31 in and about buildings where a person or persons live, work or
1-32 assemble, for a supply of gas, medical gases and vacuum, water,
1-33 liquids, or any combination thereof, or disposal of waste water or
1-34 sewage.
1-35 (2) "Master Plumber" means a person licensed under
1-36 this Act who is skilled in the planning, superintending, and the
1-37 practical installation, repair, and service of plumbing, who
1-38 secures permits for plumbing work, who [and] is knowledgeable about
1-39 [familiar with] the codes, ordinances, or rules and regulations
1-40 governing those matters, who alone, or through a person or persons
1-41 under his supervision, performs plumbing work, and who has
1-42 successfully fulfilled the examinations and requirements of the
1-43 Board.
1-44 (3) "Journeyman Plumber" means a [any] person licensed
1-45 under this Act who has met the qualifications for registration as a
1-46 plumber's apprentice or for licensure as a tradesman
1-47 plumber-limited licensee, who has completed at least 8,000 hours
1-48 working under the supervision of [other than] a master plumber, who
1-49 supervises, engages in, or works at the actual installation,
1-50 alteration, repair, service, and renovating of plumbing, and who
1-51 has successfully fulfilled the examinations and requirements of the
1-52 Board.
1-53 (4) "Plumber's Apprentice" means any person other than
1-54 a master plumber, [or] journeyman plumber, or tradesman
1-55 plumber-limited licensee who, as his principal occupation, is
1-56 engaged in learning and assisting in the installation of plumbing,
1-57 is registered by the Board, and works under the supervision of a
1-58 licensed master plumber and the direct supervision of a licensed
1-59 plumber.
1-60 (5) "Plumbing Inspector" means any person who is
1-61 employed by a political subdivision for the purpose of inspecting
1-62 plumbing work and installations in connection with health and
1-63 safety laws, [and] ordinances, and plumbing and gas codes, who has
1-64 no financial or advisory interests in any plumbing company, and who
2-1 has successfully fulfilled the examinations and requirements of the
2-2 Board.
2-3 (10) "Tradesman Plumber-Limited Licensee" means a
2-4 person who has completed at least 4,000 hours working under the
2-5 direct supervision of a journeyman or master plumber as a
2-6 registered plumber's apprentice, who has passed the required
2-7 examination and fulfilled the other requirements of the Board, who
2-8 constructs and installs plumbing for one-family or two-family
2-9 dwellings, and who has not met or attempted to meet the
2-10 qualifications for a journeyman plumber license.
2-11 (11) "Residential Utilities Installer" means a person
2-12 who has completed at least 2,000 hours working under the
2-13 supervision of a master plumber as a registered plumber's
2-14 apprentice, who has fulfilled the requirements of and is registered
2-15 with the Board, and who constructs and installs yard water service
2-16 piping for one-family or two-family dwellings and building sewers.
2-17 (12) "Drain Cleaner" means a person who has completed
2-18 at least 4,000 hours working under the supervision of a master
2-19 plumber as a registered drain cleaner-restricted registrant, who
2-20 has fulfilled the requirements of and is registered with the Board,
2-21 and who installs cleanouts and removes and resets p-traps to
2-22 eliminate obstructions in building drains and sewers.
2-23 (13) "Drain Cleaner-Restricted Registrant" means a
2-24 person who has worked as a registered plumber's apprentice under
2-25 the supervision of a master plumber, who has fulfilled the
2-26 requirements of and is registered with the Board, and who clears
2-27 obstructions in sewer and drain lines through any code-approved
2-28 existing opening.
2-29 SECTION 2. Section 3(a), The Plumbing License Law (Article
2-30 6243-101, Vernon's Texas Civil Statutes), is amended to read as
2-31 follows:
2-32 (a) The following acts, work and conduct shall be expressly
2-33 permitted without license:
2-34 (1) Plumbing work done by a property owner in a
2-35 building owned or occupied by him as his homestead;
2-36 (2) Plumbing work done outside the municipal limits of
2-37 any organized city, town or village in this state, or within any
2-38 such city, town or village of less than five thousand (5,000)
2-39 inhabitants, unless required by ordinance in such city, town or
2-40 village of less than five thousand (5,000) inhabitants;
2-41 (3) Plumbing work done by anyone who is regularly
2-42 employed as or acting as a maintenance man or maintenance engineer,
2-43 incidental to and in connection with the business in which he is
2-44 employed or engaged, and who does not engage in the occupation of a
2-45 plumber for the general public; construction, installation and
2-46 maintenance work done upon the premises or equipment of a railroad
2-47 by an employee thereof who does not engage in the occupation of a
2-48 plumber for the general public; [and] plumbing work done by persons
2-49 engaged by any public service company in the laying, maintenance
2-50 and operation of its service mains or lines to the point of
2-51 measurement and the installation, alteration, adjustment, repair,
2-52 removal and renovation of all types of appurtenances, equipment and
2-53 appliances, including doing all that is necessary to render the
2-54 appliances useable or serviceable; appliance installation and
2-55 service work done by anyone who is an appliance dealer or is
2-56 employed by an appliance dealer, and acting as an appliance
2-57 installation man or appliance service man in connecting appliances
2-58 to existing openings with a code-approved appliance connector
2-59 [piping installations]; and water treatment installations,
2-60 exchanges, services, or repairs. Provided, however, that all work
2-61 and service herein named or referred to shall be subject to
2-62 inspection and approval in accordance with the terms of all
2-63 applicable state laws and local valid city or municipal ordinances;
2-64 (4) Plumbing work done by an irrigator licensed under
2-65 Chapter 34, Water Code, or an installer licensed under Chapter 33,
2-66 Water Code. A person holding a valid license from the Texas State
2-67 Board of Plumbing Examiners shall not be required to be licensed by
2-68 any other board or agency when installing or working on a lawn
2-69 irrigation system;
3-1 (5) LPG system installation [Plumbing] work done by an
3-2 LP Gas installer when working and licensed under Chapter 113,
3-3 Natural Resources Code, as amended;
3-4 (6) Plumbing work, limited to the provision of a
3-5 residential potable water supply or residential sanitary sewer
3-6 connections, for a project in a geographic area that is located in
3-7 a county any part of which is within 50 miles of an international
3-8 border that is done by an organization that:
3-9 (A) is certified by the Texas Natural Resource
3-10 Conservation Commission to provide "self-help" project assistance;
3-11 and
3-12 (B) provides the board with the following
3-13 information before the 30th day before the date the project begins:
3-14 (i) a specific project location;
3-15 (ii) the intended duration of the project;
3-16 and
3-17 (iii) other information the board may
3-18 require, including a post-construction report signed by a plumbing
3-19 inspector that the plumbing facilities are safe; and
3-20 (7) Verification of medical gas and vacuum piping
3-21 integrity and content.
3-22 SECTION 3. Section 3A(a), The Plumbing License Law (Article
3-23 6243-101, Vernon's Texas Civil Statutes), is amended to read as
3-24 follows:
3-25 (a) The Commissioner of Health or his designee shall certify
3-26 persons as being qualified for the installation, exchange,
3-27 servicing, and repair of residential water treatment facilities [as
3-28 defined by Subsection (g) of Section 2 of this Act]. The Texas
3-29 Board of Health shall set standards for certification to ensure the
3-30 public health and to protect the public from unqualified persons
3-31 engaging in activities relating to water treatment. Nothing in
3-32 this section shall be construed to require that persons licensed
3-33 pursuant to this Act are subject to certification under this
3-34 section.
3-35 SECTION 4. Section 4(a), The Plumbing License Law (Article
3-36 6243-101, Vernon's Texas Civil Statutes), is amended to read as
3-37 follows:
3-38 (a) The Texas State Board of Plumbing Examiners shall
3-39 consist of nine members, each of whom shall be a citizen of the
3-40 United States and a resident of this state. Members of the Board
3-41 and their successors shall be appointed by the Governor and
3-42 confirmed by the Senate, and shall hold office for terms of six
3-43 years, or until their successors are appointed and have qualified.
3-44 Appointments to the Board shall be made without regard to the race,
3-45 creed, sex, religion, or national origin of the appointees. One
3-46 member of the Board shall have had at least ten years practical
3-47 experience and be licensed as a master plumber, one member shall
3-48 have had at least five years practical experience and be licensed
3-49 as a journeyman plumber, one member shall be a plumbing contractor
3-50 with five years experience, one member shall be a licensed
3-51 professional [sanitary] engineer, two members shall be building
3-52 contractors with five years contracting experience (one of whom
3-53 shall be principally engaged in home building and one of whom shall
3-54 be principally engaged in commercial building), and one member
3-55 shall have had at least five years practical experience and be
3-56 licensed as a plumbing inspector. Two members must be
3-57 representatives of the general public. A person is not eligible
3-58 for appointment as a public member if the person or the person's
3-59 spouse:
3-60 (1) is licensed by an occupational regulatory agency
3-61 in the building construction industry;
3-62 (2) is employed by or participates in the management
3-63 of an agency or business entity related to the building
3-64 construction industry; or
3-65 (3) has, other than as a consumer, a financial
3-66 interest in a business entity related to the building construction
3-67 industry.
3-68 SECTION 5. Section 5, The Plumbing License Law (Article
3-69 6243-101, Vernon's Texas Civil Statutes), is amended by amending
4-1 Subsections (a) and (d) and adding Subsection (f) to read as
4-2 follows:
4-3 (a) The Board shall administer the provisions of this Act.
4-4 The Board shall formally elect a chairman and a secretary from its
4-5 members and shall [may] adopt such rules as it deems necessary for
4-6 the orderly conduct and enforcement of its affairs. The Board is
4-7 hereby authorized and empowered to employ, promote and discharge
4-8 such assistants and employees as it may deem necessary to properly
4-9 carry out the intent and purpose of this Act, and to fix and pay
4-10 their compensation and salaries and to provide for their duties and
4-11 the terms of their employment. A majority of the Board shall
4-12 constitute a quorum for the transaction of business. The Board
4-13 shall have a seal which shall be judicially noticed. The Board
4-14 shall keep records of all proceedings and actions by and before the
4-15 Board. The Board is hereby authorized, empowered and directed to
4-16 prescribe, amend and enforce all rules and regulations necessary to
4-17 carry out this Act. The Board shall appoint an employee or
4-18 employees thereof, with the power of removal, as a plumbing
4-19 examiner or examiners, whose duties shall be to examine, as to
4-20 their fitness and qualifications, all persons applying to the Board
4-21 for licenses to engage in the business, trade or calling of a
4-22 master plumber, [or a] journeyman plumber, tradesman
4-23 plumber-limited licensee, or [to serve as a] plumbing inspector,
4-24 and to promptly certify the result thereof to said State Board of
4-25 Plumbing Examiners. The Board shall register a person who complies
4-26 with this Act as a drain cleaner, drain cleaner-restricted
4-27 registrant, residential utilities installer, or plumber's
4-28 apprentice.
4-29 (d) The Board shall [may] recognize, approve [prepare], and
4-30 administer [or implement] continuing education programs for
4-31 licensees and endorsees. [Participation in the programs is
4-32 voluntary.]
4-33 (f) The Board may appoint advisory committees as it
4-34 considers necessary. An advisory committee shall serve without
4-35 compensation or reimbursement and is subject to Section 2110.008,
4-36 Government Code.
4-37 SECTION 6. Section 5B(b), The Plumbing License Law (Article
4-38 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-39 follows:
4-40 (b) In adopting a plumbing code [standards] for the proper
4-41 design, installation, and maintenance of a plumbing system, a
4-42 municipality or an owner of a public water system may adopt a code
4-43 [standards] that does [do] not substantially vary with rules or
4-44 laws of this state.
4-45 SECTION 7. The section heading to Section 8, The Plumbing
4-46 License Law (Article 6243-101, Vernon's Texas Civil Statutes), is
4-47 amended to read as follows:
4-48 Sec. 8. ISSUANCE OF LICENSES; ENDORSEMENTS.
4-49 SECTION 8. Section 8(a), The Plumbing License Law (Article
4-50 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-51 follows:
4-52 (a) The Board shall issue licenses and endorsements to such
4-53 persons as have by a uniform, reasonable examination shown
4-54 themselves fit, competent and qualified to engage in the business,
4-55 trade or calling of a master plumber, [or] journeyman plumber, [or]
4-56 plumbing inspector, tradesman plumber-limited licensee, medical gas
4-57 piping installation endorsee, or water supply protection specialist
4-58 [as the case may be].
4-59 SECTION 9. Section 8A(e), The Plumbing License Law (Article
4-60 6243-101, Vernon's Texas Civil Statutes), is amended to read as
4-61 follows:
4-62 (e) Each written contract for plumbing services to be
4-63 performed by or under the direction of a licensed plumber in this
4-64 state [of a licensed plumber] shall contain the name, mailing
4-65 address, and telephone number of the Board.
4-66 SECTION 10. Section 8B, The Plumbing License Law (Article
4-67 6243-101, Vernon's Texas Civil Statutes), as added by Section 1,
4-68 Chapter 857, Acts of the 70th Legislature, Regular Session, 1987,
4-69 is amended to read as follows:
5-1 Sec. 8B. ENFORCEMENT BY INSPECTOR. In addition to
5-2 enforcement by the Board, each plumbing inspector shall [may]
5-3 enforce this Act.
5-4 SECTION 11. Sections 8C(a) and (c), The Plumbing License Law
5-5 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
5-6 read as follows:
5-7 (a) A medical gas piping installation endorsement entitles a
5-8 holder of a master plumber license or journeyman plumber license to
5-9 install pipe used solely to transport gases used for medical
5-10 purposes and a vacuum used for medical purposes. A plumbing
5-11 inspector who meets the requirements of the Board may inspect
5-12 medical gas piping installations.
5-13 (c) An endorsement under this section is valid for three
5-14 years and may be renewed as provided by Board rule [on or before
5-15 February 1, or as provided by Section 12A of this Act, in the same
5-16 manner as a license renewal under Section 12 of this Act].
5-17 SECTION 12. Sections 9(a), (c), (d), and (e), The Plumbing
5-18 License Law (Article 6243-101, Vernon's Texas Civil Statutes), are
5-19 amended to read as follows:
5-20 (a) The Board shall revoke or suspend a license,
5-21 endorsement, or registration, probate a license, endorsement, or
5-22 registration suspension, or reprimand a licensee, endorsee, or
5-23 registrant for any violations of this Act or rules of the Board. A
5-24 violation of this Act shall include but not be limited to:
5-25 obtaining a license, endorsement, or registration through error or
5-26 fraud; having wilfully, negligently or arbitrarily violated
5-27 municipal rules or ordinances regulating sanitation, drainage and
5-28 plumbing; [knowingly] making a [substantial] misrepresentation of
5-29 services to be provided or which have been provided; or making any
5-30 false promise with intent to influence, persuade, or induce an
5-31 individual to contract for services. Any person whose license,
5-32 endorsement, or registration has been revoked may, after the
5-33 expiration of one year from the date of such revocation, but not
5-34 before, apply for a new license, endorsement, or registration.
5-35 (c) If the Board proposes to refuse a person's application
5-36 for a license, endorsement, or registration, [licensure] or to
5-37 suspend or revoke a person's license, endorsement, or registration,
5-38 the person is entitled to a hearing before the Board. Grounds for
5-39 suspension or revocation of a license, endorsement, or registration
5-40 due to suspected incompetence or wilful violation by a licensee may
5-41 be determined through retesting procedures.
5-42 (d) Proceedings for the refusal, suspension, or revocation
5-43 of a license, endorsement, or registration are governed by Chapter
5-44 2001, Government Code [the Administrative Procedure and Texas
5-45 Register Act, as amended (Article 6252-13a, Vernon's Texas Civil
5-46 Statutes)].
5-47 (e) A person commits an offense if the person [knowingly]
5-48 violates this Act or a rule adopted under this Act, engages in
5-49 activities for which a license, endorsement, or registration is
5-50 required without a license, endorsement, or registration issued
5-51 under this Act, or employs an unlicensed, unendorsed, or
5-52 unregistered person to engage in activities for which a license,
5-53 endorsement, or registration is required by this Act. An offense
5-54 under this subsection is a Class C misdemeanor.
5-55 SECTION 13. Section 11, The Plumbing License Law (Article
5-56 6243-101, Vernon's Texas Civil Statutes), is amended to read as
5-57 follows:
5-58 Sec. 11. APPRENTICE. (a) A person who desires to learn the
5-59 trade of plumbing shall register as a plumber's apprentice before
5-60 beginning to assist a licensee at the trade of plumbing.
5-61 (b) Any person who has worked as a plumber's apprentice at
5-62 the [business,] trade [or calling] of plumbing for such a length of
5-63 time as the law or the Board may prescribe in its rules and
5-64 regulations, and who desires to take an examination to entitle him
5-65 to a license as a journeyman plumber or tradesman plumber-limited
5-66 licensee, may file his application and take the examination
5-67 provided by the Board.
5-68 SECTION 14. Section 12, The Plumbing License Law (Article
5-69 6243-101, Vernon's Texas Civil Statutes), is amended to read as
6-1 follows:
6-2 Sec. 12. NONTRANSFERABLE [LICENSES]; RENEWALS OF LICENSES,
6-3 ENDORSEMENTS, AND REGISTRATIONS. (a) Licenses, endorsements, and
6-4 registrations issued by the Board shall be valid throughout the
6-5 state, but shall not be assignable or transferable. [The Board
6-6 shall forward to the local Board of Health, if there be one, of
6-7 each town, or to the other authority having control of the
6-8 enforcement of regulations relative to plumbing in each town, the
6-9 names and addresses of all persons in such town to whom such
6-10 licenses have been granted.] Licenses and registrations shall be
6-11 issued for one year and may be renewed annually [on or before
6-12 February 1st or as provided by Section 12A of this Act upon payment
6-13 of the required fee]. The Board by rule may adopt a system under
6-14 which licenses, endorsements, and registrations expire on various
6-15 dates during the year.
6-16 (b) A person who has complied with the continuing education
6-17 requirement of Section 12B of this Act may renew an unexpired
6-18 license or endorsement by paying the required renewal fee to the
6-19 Board before the expiration date of the license or endorsement. A
6-20 person may renew an unexpired registration by paying the required
6-21 renewal fee to the Board before the expiration date of the
6-22 registration.
6-23 (c) A person who has complied with the continuing education
6-24 requirement of Section 12B of this Act and whose license or
6-25 endorsement has been expired for 90 days or less may renew the
6-26 license or endorsement by paying to the Board the required renewal
6-27 fee and a fee that is one-half of the examination fee for the
6-28 license or endorsement. A person whose registration has been
6-29 expired for 90 days or less may renew the registration by paying to
6-30 the Board the required renewal fee and a fee that is one-half the
6-31 registration fee.
6-32 (d) A person who has complied with the continuing education
6-33 requirement of Section 12B of this Act and whose license or
6-34 endorsement has been expired for longer than 90 days but less than
6-35 two years may renew the license or endorsement by paying to the
6-36 Board all unpaid renewal fees and a fee that is equal to the
6-37 examination fee for the license or endorsement. A person whose
6-38 registration has been expired for longer than 90 days but less than
6-39 two years may renew the registration by paying to the Board all
6-40 unpaid renewal fees and a fee that is equal to the registration
6-41 fee.
6-42 (e) If a person's license, endorsement, or registration has
6-43 been expired for two years or longer, the person may not renew the
6-44 license, endorsement, or registration. The person may obtain a new
6-45 license, endorsement, or registration by submitting to
6-46 reexamination for a license or endorsement and complying with the
6-47 requirements and procedures for obtaining an original license,
6-48 endorsement, or registration.
6-49 (f) At least 30 days before the expiration of a person's
6-50 license, endorsement, or registration, the Board shall send written
6-51 notice of the impending [license] expiration to the person at the
6-52 person's [licensee's] last known address according to the records
6-53 of the Board. The person shall notify the Board not later than the
6-54 30th day after the date of receipt of the written notice of any
6-55 change of name or address.
6-56 SECTION 15. Sections 12B(a) and (d), The Plumbing License Law
6-57 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
6-58 read as follows:
6-59 (a) A person holding a license or endorsement under this Act
6-60 must complete at least six hours of continuing professional
6-61 education each [license] year the person is licensed or endorsed.
6-62 Three of the six hours required must be in the subjects of health
6-63 protection, energy conservation, and water conservation.
6-64 (d) A person holding a license or endorsement under this Act
6-65 [who lives in a county having no city with a population in excess
6-66 of 100,000] may fulfill the continuing professional education
6-67 requirement of this section through a correspondence course as
6-68 approved by the Board.
6-69 SECTION 16. Sections 14(a) and (e), The Plumbing License Law
7-1 (Article 6243-101, Vernon's Texas Civil Statutes), are amended to
7-2 read as follows:
7-3 (a) No person, whether as a master plumber, journeyman
7-4 plumber, tradesman plumber-limited licensee, plumber's apprentice,
7-5 residential utilities installer, drain cleaner, drain
7-6 cleaner-restricted registrant, or otherwise, shall engage in, work
7-7 at, or conduct the business of plumbing in this state or serve as a
7-8 plumbing inspector as herein defined, except as herein specifically
7-9 exempted from the provisions of this Act, unless such person is the
7-10 holder of a valid license, endorsement, or registration as provided
7-11 for by this Act. It shall be unlawful for any person, firm, or
7-12 corporation to engage in or work at the business of installing
7-13 plumbing and doing plumbing work except as specifically herein
7-14 provided unless such installation of plumbing or plumbing work be
7-15 under the supervision and control of a plumber licensed under this
7-16 Act. A license holder may not act as a water supply protection
7-17 specialist unless the license holder has the appropriate license
7-18 endorsement under Section 11A or 11B of this Act.
7-19 (e) A field representative or, within the jurisdiction of
7-20 that municipality, a municipal plumbing inspector or water district
7-21 plumbing inspector, shall [may] issue a citation to a person who
7-22 engages in conduct described by Subsection (e) of Section 9 of this
7-23 Act.
7-24 SECTION 17. Section 15, The Plumbing License Law (Article
7-25 6243-101, Vernon's Texas Civil Statutes), is amended by amending
7-26 Subsection (a) and adding Subsections (d) and (e) to read as
7-27 follows:
7-28 (a) Every city in this state of more than five thousand
7-29 (5,000) inhabitants shall, and any city or town of this state may,
7-30 by ordinance or by-law, prescribe rules and regulations for the
7-31 materials, construction, alteration and inspection of all pipes,
7-32 faucets, tanks, valves, water heaters, and other fixtures by and
7-33 through which a supply of water, gas or sewage is used or carried.
7-34 In a city or town subject to this subsection, all plumbing
7-35 inspections must be performed by a licensed plumbing inspector. A
7-36 pipe, faucet, tank, valve, water heater, or other fixture may[; and
7-37 provided that they shall] not be placed in any building [therein]
7-38 except in accordance with such rules and regulations. No [; and
7-39 shall further provide that no] plumbing shall be done except the
7-40 [in case of] repairing of leaks, without a permit being first
7-41 issued [therefor] upon such terms and conditions as such city or
7-42 town shall prescribe. No [; provided that no] such ordinance,
7-43 by-law, rule or regulation prescribed by any such city or town
7-44 shall be inconsistent with this Act, or any rule or regulation
7-45 adopted or prescribed by the [State] Board [of Plumbing Examiners].
7-46 (d) When a person is issued a master plumber's license, the
7-47 person must provide the Board with a certificate of insurance that
7-48 meets the requirements of Subsection (c) before the person works as
7-49 a master plumber.
7-50 (e) If the boundaries of a municipality and a municipal
7-51 utility district overlap, only the affected municipality may
7-52 perform a plumbing inspection and collect a permit fee. The
7-53 plumbing inspection must be performed by a licensed plumbing
7-54 inspector, and the standard used in the plumbing inspection may not
7-55 be less restrictive than the standard used by the municipal utility
7-56 district.
7-57 SECTION 18. Section 12A, The Plumbing License Law (Article
7-58 6243-101, Vernon's Texas Civil Statutes), is repealed.
7-59 SECTION 19. Section 4(a), The Plumbing License Law (Article
7-60 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
7-61 applies only to members of the Texas State Board of Plumbing
7-62 Examiners appointed on or after the effective date of this Act. A
7-63 person who is serving on the Texas State Board of Plumbing
7-64 Examiners on the effective date of this Act is entitled to continue
7-65 to serve until expiration of that person's term unless otherwise
7-66 removed.
7-67 SECTION 20. Section 8A(e), The Plumbing License Law (Article
7-68 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
7-69 applies only to a contract entered into on or after the effective
8-1 date of this Act. A contract entered into before the effective
8-2 date of this Act is governed by the law in effect on the date the
8-3 contract was entered into, and the former law is continued in
8-4 effect for that purpose.
8-5 SECTION 21. Sections 8C and 12, The Plumbing License Law
8-6 (Article 6243-101, Vernon's Texas Civil Statutes), as amended by
8-7 this Act, apply only to the renewal requirements for a license,
8-8 endorsement, or registration that is renewed on or after the
8-9 effective date of this Act. Renewal requirements for a license,
8-10 endorsement, or registration that is renewed before the effective
8-11 date of this Act are governed by the law in effect on the date the
8-12 license, endorsement, or registration is renewed, and the former
8-13 law is continued in effect for that purpose.
8-14 SECTION 22. Section 9, The Plumbing License Law (Article
8-15 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
8-16 applies only to a disciplinary proceeding against a licensee,
8-17 endorsee, or registrant commenced on or after the effective date of
8-18 this Act. A disciplinary proceeding against a licensee, endorsee,
8-19 or registrant commenced before the effective date of this Act is
8-20 governed by the law in effect immediately before the effective date
8-21 of this Act, and the former law is continued in effect for that
8-22 purpose. For purposes of this section, a disciplinary proceeding
8-23 is commenced if it is set for hearing.
8-24 SECTION 23. Section 15(a), The Plumbing License Law (Article
8-25 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
8-26 applies only to a plumbing inspection performed on or after the
8-27 effective date of this Act. A plumbing inspection performed before
8-28 the effective date of this Act is governed by the law in effect on
8-29 the date of the plumbing inspection, and the former law is
8-30 continued in effect for that purpose.
8-31 SECTION 24. The Texas State Board of Plumbing Examiners shall
8-32 adopt the rules required under the changes to The Plumbing License
8-33 Law (Article 6243-101, Vernon's Texas Civil Statutes) made by this
8-34 Act not later than January 1, 2002.
8-35 SECTION 25. (a) Except as provided by Subsection (b), this
8-36 Act takes effect September 1, 2001, and applies only to a license,
8-37 endorsement, or registration issued or renewed under The Plumbing
8-38 License Law (Article 6243-101, Vernon's Texas Civil Statutes), as
8-39 amended by this Act, on or after that date. A license,
8-40 endorsement, or registration issued or renewed before the effective
8-41 date of this Act is governed by the law in effect on the date the
8-42 license, endorsement, or registration is issued or renewed, and the
8-43 former law is continued in effect for that purpose.
8-44 (b) A person is not required to be registered as a drain
8-45 cleaner, drain cleaner-restricted registrant, residential utilities
8-46 installer, or plumber's apprentice or licensed as a tradesman
8-47 plumber-limited licensee under The Plumbing License Law (Article
8-48 6243-101, Vernon's Texas Civil Statutes), as amended by this Act,
8-49 until March 1, 2002.
8-50 * * * * *