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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of plumbers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1301.002, Occupations Code, is amended |
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by amending Subdivisions (4), (5), (8), and (10) and adding |
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Subdivision (7-a) to read as follows: |
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(4) "Journeyman plumber" means a person licensed under |
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this chapter who: |
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(A) has met the qualifications for registration |
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as a plumber's apprentice or for licensing as a tradesman |
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plumber-limited license holder; |
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(B) has completed at least 8,000 hours working |
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under the supervision of a master plumber; |
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(C) installs, changes, repairs, services, or |
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renovates plumbing or supervises any of those activities; [and] |
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(D) has passed the required examination and |
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fulfilled the other requirements of the board; and |
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(E) has completed a board-approved training |
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program. |
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(5) "Master plumber" means a person licensed under |
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this chapter who: |
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(A) is skilled in the designing, planning, and |
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superintending of plumbing and in the practical installation, |
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repair, and servicing of plumbing; |
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(B) secures permits for plumbing work; |
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(C) is knowledgeable about the codes, |
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ordinances, or rules governing the activities described by |
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Paragraphs (A) and (B); |
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(D) performs or supervises plumbing work; [and] |
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(E) has worked at least four years as a |
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journeyman plumber; and |
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(F) has passed the required examination and |
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fulfilled the other requirements of the board. |
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(7-a) "Plumbing contractor" means a person who: |
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(A) is a licensed master plumber who holds a |
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contractor endorsement that authorizes a plumbing company to |
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perform work related to the business of plumbing for the general |
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public under the endorsement; |
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(B) is authorized to obtain plumbing permits from |
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a county or municipality; and |
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(C) has fulfilled any other requirements adopted |
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by the board by rule. |
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(8) "Plumbing inspector" means a person who: |
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(A) is employed by a political subdivision or |
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state agency, or contracts as an independent contractor with a |
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political subdivision or state agency, to inspect plumbing in |
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connection with health and safety laws, including ordinances, and |
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plumbing and gas codes; and |
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(B) has passed the required examination and |
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fulfilled the other requirements of the board. |
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(10) "Tradesman plumber-limited license holder" means |
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a person who: |
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(A) has completed at least 4,000 hours working |
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under the direct supervision of a journeyman or master plumber as a |
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plumber's apprentice; |
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(B) has passed the required examination and |
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fulfilled the other requirements of the board; |
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(C) constructs and installs plumbing for |
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one-family or two-family dwellings; [and] |
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(D) has not met or attempted to meet the |
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qualifications for a journeyman plumber license; and |
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(E) has completed a board-approved training |
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program. |
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SECTION 2. Section 1301.052, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.052. WORK INSIDE COUNTIES OR INSIDE OR OUTSIDE |
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MUNICIPALITIES. A person is not required to be licensed under this |
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chapter to perform plumbing, other than plumbing performed in |
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conjunction with new construction, repair, or remodeling, on a |
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property that is: |
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(1) located in a subdivision or on a tract of land that |
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is not required to be platted under Section 232.0015, Local |
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Government Code; [or] |
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(2) not connected to a public water system and is |
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located outside a municipality; [or] |
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(3) located outside a municipality and connected to a |
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public water system that does not require a license to perform |
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plumbing; or |
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(4) inside a municipality or county that: |
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(A) has [with] fewer than 5,000 inhabitants; and |
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(B) by municipal ordinance or order of a county |
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commissioners court has authorized a person who is not licensed to |
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perform plumbing[, unless an ordinance of the municipality requires
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the person to be licensed]. |
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SECTION 3. Section 1301.053(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person is not required to be licensed under this |
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chapter to perform: |
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(1) plumbing incidental to and in connection with the |
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business in which the person is employed or engaged if the person: |
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(A) is regularly employed as or acting as a |
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maintenance person or maintenance engineer; and |
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(B) does not engage in plumbing for the public; |
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(2) construction, installation, or maintenance on the |
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premises or equipment of a railroad if the person is an employee of |
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the railroad who does not engage in plumbing for the public; |
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(3) plumbing if the person is engaged by a public |
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service company to: |
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(A) lay, maintain, or operate its service mains |
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or lines to the point of measurement; and |
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(B) install, change, adjust, repair, remove, or |
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renovate appurtenances, equipment, or appliances; |
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(4) appliance installation and service work, other |
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than installation and service work on water heaters, that involves |
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connecting appliances to existing openings with a code-approved |
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appliance connector if the person performs the work as an appliance |
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dealer or an employee of an appliance dealer; or |
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(5) water treatment installations, exchanges, |
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services, or repairs. |
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SECTION 4. Section 1301.054, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.054. IRRIGATORS AND WATER WELL PUMP |
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INSTALLERS. A person is not required to be licensed under this |
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chapter to perform plumbing limited to connecting to a plumbing |
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system if the person holds a: |
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(1) certificate of registration as an irrigator issued |
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under Chapter 1903; or |
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(2) license as a water well pump installer issued |
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under Chapter 1902. |
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SECTION 5. Section 1301.351, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) A person may not engage in the business of plumbing or |
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perform plumbing unless: |
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(1) the person holds a license or endorsement or is |
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registered under this chapter; or |
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(2) the person's work is supervised and controlled by a |
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person licensed under this chapter. |
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(d) A person may not advertise, contract, or offer to |
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perform plumbing unless the person holds a plumbing contractor |
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endorsement or performs plumbing for a plumbing company under a |
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plumbing contractor's endorsement. |
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SECTION 6. Subchapter G, Chapter 1301, Occupations Code, is |
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amended by adding Section 1301.3511 to read as follows: |
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Sec. 1301.3511. CREDIT FOR CLASSROOM TRAINING. The board |
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may apply as credit toward the hours required for issuance of a |
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license as a journeyman plumber under Section 1301.002(4) or as a |
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tradesman plumber-limited license holder under Section |
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1301.002(10) not more than 1,000 hours of classroom training |
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provided: |
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(1) under a training program approved by the United |
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States Department of Labor, Bureau of Apprentice Training; or |
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(2) under a training program and curriculum approved |
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by the board. |
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SECTION 7. Section 1301.354, Occupations Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) A plumber's apprentice is not eligible to take an |
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examination to hold a license as a journeyman plumber or tradesman |
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plumber-limited license holder until the apprentice has |
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successfully completed the hours of classroom training in health |
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and safety, board-approved plumbing codes, and water conservation |
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required by this chapter and board rule. The classroom training |
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must: |
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(1) be offered by a board-approved provider and |
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board-approved instructor; and |
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(2) consist of: |
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(A) not less than 24 hours of classroom training |
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for an apprentice seeking a tradesman plumber-limited license; or |
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(B) not less than 48 hours of classroom training |
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for an apprentice seeking a journeyman plumber license. |
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SECTION 8. Section 1301.3576, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR MASTER PLUMBER |
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OR PLUMBING CONTRACTOR. (a) When a person is issued a master |
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plumber's license, the person must provide the board with a |
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certificate of insurance that meets the requirements of Section |
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1301.552 before the person works as a master plumber. |
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(b) The board may issue a plumbing contractor's endorsement |
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only to a licensed master plumber who has provided the board with a |
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certificate of insurance that meets the requirements of Section |
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1301.552. |
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(c) The board shall keep on file in the board's office each |
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certificate of insurance provided to the board. |
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(d) A plumbing contractor's endorsement expires immediately |
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on cancellation or nonrenewal of the insurance coverage that meets |
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the requirements of Section 1301.552. |
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(e) The board may not renew the plumbing contractor's |
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endorsement for a master plumber whose certificate of insurance has |
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expired. |
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SECTION 9. Subchapter G, Chapter 1301, Occupations Code, is |
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amended by adding Section 1301.360 to read as follows: |
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Sec. 1301.360. ISSUANCE AND POSSESSION OF IDENTIFICATION |
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CARD. (a) The board shall issue an identification card to each |
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person licensed or registered under this chapter. The license or |
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certificate holder shall have the identification card in the |
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holder's possession while performing acts or services regulated |
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under this chapter and shall show the identification card to a |
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customer before performing the acts or services. |
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(b) An identification card issued under Subsection (a) |
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must: |
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(1) be serially numbered; |
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(2) describe the license or certificate |
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classification into which the person is placed; and |
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(3) state the expiration date of the person's license |
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or registration. |
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SECTION 10. Subchapter H, Chapter 1301, Occupations Code, |
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is amended by adding Section 1301.405 to read as follows: |
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Sec. 1301.405. MANDATORY TRAINING FOR PLUMBER'S |
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APPRENTICE. (a) To renew a certificate of registration as a |
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plumber's apprentice, a plumber's apprentice must annually complete |
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at least six hours of approved classroom training that includes |
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training in health and safety, board-approved plumbing codes, and |
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water conservation. |
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(b) A person may receive credit for participating in a |
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training program only if the program is provided: |
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(1) by a person approved by the board; and |
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(2) according to criteria adopted by the board. |
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(c) The board by rule may exempt certain persons from the |
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requirements of this section if the board determines that the |
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exemption is in the public interest. |
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SECTION 11. (a) Not later than January 1, 2008, the Texas |
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State Board of Plumbing Examiners shall adopt the rules, approve |
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the programs, and develop and issue the identification cards |
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necessary to implement the changes in law made by this Act to |
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Chapter 1301, Occupations Code. |
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(b) The changes in law made by this Act to the requirements |
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for issuance of a license or certificate of registration under |
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Chapter 1301, Occupations Code, as amended by this Act, apply only |
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to an application or renewal submitted for the issuance of a license |
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or certificate of registration under Chapter 1301 on or after |
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January 1, 2008. An application or renewal submitted before that |
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date is governed by the law in effect when the application or |
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renewal was submitted, and that law is continued in effect for that |
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purpose. |
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(c) Notwithstanding Section 1301.360, Occupations Code, as |
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added by this Act, a person licensed or registered under Chapter |
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1301, Occupations Code, as amended by this Act, is not required to |
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carry an identification card as required by Section 1301.360 before |
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January 1, 2008. |
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SECTION 12. This Act takes effect September 1, 2007. |