80R4021 YDB-D

By: Hamilton H.B. No. 3683

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of plumbers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1301.002, Occupations Code, is amended by amending Subdivisions (4), (5), (8), and (10) and adding Subdivision (7-a) to read as follows:

(4) "Journeyman plumber" means a person licensed under this chapter who:

(A) has met the qualifications for registration as a plumber's apprentice or for licensing as a tradesman plumber-limited license holder;

(B) has completed at least 8,000 hours working under the supervision of a master plumber;

(C) installs, changes, repairs, services, or renovates plumbing or supervises any of those activities; [and]

(D) has passed the required examination and fulfilled the other requirements of the board; and

(E) has completed a board-approved training program.

(5) "Master plumber" means a person licensed under this chapter who:

(A) is skilled in the designing, planning, and superintending of plumbing and in the practical installation, repair, and servicing of plumbing;

(B) secures permits for plumbing work;

(C) is knowledgeable about the codes, ordinances, or rules governing the activities described by Paragraphs (A) and (B);

(D) performs or supervises plumbing work; [and]

(E) has worked at least four years as a journeyman plumber; and

(F) has passed the required examination and fulfilled the other requirements of the board.

(7-a) "Plumbing contractor" means a person who:

(A) is a licensed master plumber who holds a contractor endorsement that authorizes a plumbing company to perform work related to the business of plumbing for the general public under the endorsement;

(B) is authorized to obtain plumbing permits from a county or municipality; and

(C) has fulfilled any other requirements adopted by the board by rule.

(8) "Plumbing inspector" means a person who:

(A) is employed by a political subdivision or state agency, or contracts as an independent contractor with a political subdivision or state agency, to inspect plumbing in connection with health and safety laws, including ordinances, and plumbing and gas codes; and

(B) has passed the required examination and fulfilled the other requirements of the board.

(10) "Tradesman plumber-limited license holder" means a person who:

(A) has completed at least 4,000 hours working under the direct supervision of a journeyman or master plumber as a plumber's apprentice;

(B) has passed the required examination and fulfilled the other requirements of the board;

(C) constructs and installs plumbing for one-family or two-family dwellings; [and]

(D) has not met or attempted to meet the qualifications for a journeyman plumber license; and

(E) has completed a board-approved training program.

SECTION 2. Section 1301.052, Occupations Code, is amended to read as follows:

Sec. 1301.052. WORK INSIDE COUNTIES OR INSIDE OR OUTSIDE MUNICIPALITIES. A person is not required to be licensed under this chapter to perform plumbing, other than plumbing performed in conjunction with new construction, repair, or remodeling, on a property that is:

(1) located in a subdivision or on a tract of land that is not required to be platted under Section 232.0015, Local Government Code; [or]

(2) not connected to a public water system and is located outside a municipality; [or]

(3) located outside a municipality and connected to a public water system that does not require a license to perform plumbing; or

(4) inside a municipality or county that:

(A) has [with] fewer than 5,000 inhabitants; and

(B) by municipal ordinance or order of a county commissioners court has authorized a person who is not licensed to perform plumbing[, unless an ordinance of the municipality requires the person to be licensed].

SECTION 3. Section 1301.053(a), Occupations Code, is amended to read as follows:

(a) A person is not required to be licensed under this chapter to perform:

(1) plumbing incidental to and in connection with the business in which the person is employed or engaged if the person:

(A) is regularly employed as or acting as a maintenance person or maintenance engineer; and

(B) does not engage in plumbing for the public;

(2) construction, installation, or maintenance on the premises or equipment of a railroad if the person is an employee of the railroad who does not engage in plumbing for the public;

(3) plumbing if the person is engaged by a public service company to:

(A) lay, maintain, or operate its service mains or lines to the point of measurement; and

(B) install, change, adjust, repair, remove, or renovate appurtenances, equipment, or appliances;

(4) appliance installation and service work, other than installation and service work on water heaters, that involves connecting appliances to existing openings with a code-approved appliance connector if the person performs the work as an appliance dealer or an employee of an appliance dealer; or

(5) water treatment installations, exchanges, services, or repairs.

SECTION 4. Section 1301.054, Occupations Code, is amended to read as follows:

Sec. 1301.054. IRRIGATORS AND WATER WELL PUMP INSTALLERS. A person is not required to be licensed under this chapter to perform plumbing limited to connecting to a plumbing system if the person holds a:

(1) certificate of registration as an irrigator issued under Chapter 1903; or

(2) license as a water well pump installer issued under Chapter 1902.

SECTION 5. Section 1301.351, Occupations Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:

(a) A person may not engage in the business of plumbing or perform plumbing unless:

(1) the person holds a license or endorsement or is registered under this chapter; or

(2) the person's work is supervised and controlled by a person licensed under this chapter.

(d) A person may not advertise, contract, or offer to perform plumbing unless the person holds a plumbing contractor endorsement or performs plumbing for a plumbing company under a plumbing contractor's endorsement.

SECTION 6. Subchapter G, Chapter 1301, Occupations Code, is amended by adding Section 1301.3511 to read as follows:

Sec. 1301.3511. CREDIT FOR CLASSROOM TRAINING. The board may apply as credit toward the hours required for issuance of a license as a journeyman plumber under Section 1301.002(4) or as a tradesman plumber-limited license holder under Section 1301.002(10) not more than 1,000 hours of classroom training provided:

(1) under a training program approved by the United States Department of Labor, Bureau of Apprentice Training; or

(2) under a training program and curriculum approved by the board.

SECTION 7. Section 1301.354, Occupations Code, is amended by adding Subsection (c) to read as follows:

(c) A plumber's apprentice is not eligible to take an examination to hold a license as a journeyman plumber or tradesman plumber-limited license holder until the apprentice has successfully completed the hours of classroom training in health and safety, board-approved plumbing codes, and water conservation required by this chapter and board rule. The classroom training must:

(1) be offered by a board-approved provider and board-approved instructor; and

(2) consist of:

(A) not less than 24 hours of classroom training for an apprentice seeking a tradesman plumber-limited license; or

(B) not less than 48 hours of classroom training for an apprentice seeking a journeyman plumber license.

SECTION 8. Section 1301.3576, Occupations Code, is amended to read as follows:

Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR MASTER PLUMBER OR PLUMBING CONTRACTOR. (a) When a person is issued a master plumber's license, the person must provide the board with a certificate of insurance that meets the requirements of Section 1301.552 before the person works as a master plumber.

(b) The board may issue a plumbing contractor's endorsement only to a licensed master plumber who has provided the board with a certificate of insurance that meets the requirements of Section 1301.552.

(c) The board shall keep on file in the board's office each certificate of insurance provided to the board.

(d) A plumbing contractor's endorsement expires immediately on cancellation or nonrenewal of the insurance coverage that meets the requirements of Section 1301.552.

(e) The board may not renew the plumbing contractor's endorsement for a master plumber whose certificate of insurance has expired.

SECTION 9. Subchapter G, Chapter 1301, Occupations Code, is amended by adding Section 1301.360 to read as follows:

Sec. 1301.360. ISSUANCE AND POSSESSION OF IDENTIFICATION CARD. (a) The board shall issue an identification card to each person licensed or registered under this chapter. The license or certificate holder shall have the identification card in the holder's possession while performing acts or services regulated under this chapter and shall show the identification card to a customer before performing the acts or services.

(b) An identification card issued under Subsection (a) must:

(1) be serially numbered;

(2) describe the license or certificate classification into which the person is placed; and

(3) state the expiration date of the person's license or registration.

SECTION 10. Subchapter H, Chapter 1301, Occupations Code, is amended by adding Section 1301.405 to read as follows:

Sec. 1301.405. MANDATORY TRAINING FOR PLUMBER'S APPRENTICE. (a) To renew a certificate of registration as a plumber's apprentice, a plumber's apprentice must annually complete at least six hours of approved classroom training that includes training in health and safety, board-approved plumbing codes, and water conservation.

(b) A person may receive credit for participating in a training program only if the program is provided:

(1) by a person approved by the board; and

(2) according to criteria adopted by the board.

(c) The board by rule may exempt certain persons from the requirements of this section if the board determines that the exemption is in the public interest.

SECTION 11. (a) Not later than January 1, 2008, the Texas State Board of Plumbing Examiners shall adopt the rules, approve the programs, and develop and issue the identification cards necessary to implement the changes in law made by this Act to Chapter 1301, Occupations Code.

(b) The changes in law made by this Act to the requirements for issuance of a license or certificate of registration under Chapter 1301, Occupations Code, as amended by this Act, apply only to an application or renewal submitted for the issuance of a license or certificate of registration under Chapter 1301 on or after January 1, 2008. An application or renewal submitted before that date is governed by the law in effect when the application or renewal was submitted, and that law is continued in effect for that purpose.

(c) Notwithstanding Section 1301.360, Occupations Code, as added by this Act, a person licensed or registered under Chapter 1301, Occupations Code, as amended by this Act, is not required to carry an identification card as required by Section 1301.360 before January 1, 2008.

SECTION 12. This Act takes effect September 1, 2007.