| |
| |
|
|
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 (2), (3), (4), (5), (6), (8), (9), and |
|
|
(10), and adding Subdivision (9-a) to read as follows: |
|
|
(2) "Drain cleaner" means a person who: |
|
|
(A) has completed at least 4,000 hours working |
|
|
under the supervision of a master plumber as a drain |
|
|
cleaner-restricted registrant; |
|
|
(B) has fulfilled the requirements of and is |
|
|
registered with the board; and |
|
|
(C) installs cleanouts and removes and resets |
|
|
p-traps to eliminate obstructions in building drains and sewers |
|
|
under the supervision of a responsible master plumber. |
|
|
(3) "Drain cleaner-restricted registrant" means a |
|
|
person who: |
|
|
(A) has worked as a plumber's apprentice under |
|
|
the supervision of a master plumber; |
|
|
(B) has fulfilled the requirements of and is |
|
|
registered with the board; and |
|
|
(C) clears obstructions in sewer and drain lines |
|
|
through any code-approved existing opening under the supervision of |
|
|
a responsible master plumber. |
|
|
(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 under the |
|
|
supervision of a responsible master plumber; and |
|
|
(D) has passed the required examination and |
|
|
fulfilled the other requirements of the board. |
|
|
(5) "Master plumber" means a person licensed under |
|
|
this chapter who: |
|
|
(A) is skilled in the 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 |
|
|
Paragraph [Paragraphs] (A) [and (B)]; |
|
|
(C)[(D)] performs or supervises plumbing work; |
|
|
and |
|
|
(D)[(E)] has passed the required examination and |
|
|
fulfilled the other requirements of the board. |
|
|
(6) "Plumber's apprentice" means a person other than a |
|
|
master plumber, journeyman plumber, or tradesman plumber-limited |
|
|
license holder who, as the person's principal occupation, learns |
|
|
about and assists in the installation of plumbing, has fulfilled |
|
|
the requirements of and is registered by the board, and works under |
|
|
the supervision of a responsible master plumber and the direct |
|
|
supervision of a licensed plumber. |
|
|
(8) "Plumbing inspector" means a person who: |
|
|
(A) is employed by a state agency or political |
|
|
subdivision, or contracts as an independent contractor with a state |
|
|
agency or political subdivision, 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. |
|
|
(9) "Residential utilities installer" means a person |
|
|
who: |
|
|
(A) has completed at least 2,000 hours working |
|
|
under the supervision of a master plumber as a plumber's |
|
|
apprentice; |
|
|
(B) has fulfilled the requirements of and is |
|
|
registered with the board; and |
|
|
(C) constructs and installs yard water service |
|
|
piping for one-family or two-family dwellings and building sewers |
|
|
under the supervision of a responsible master plumber. |
|
|
(9-a) "Responsible master plumber" means a person |
|
|
licensed as a master plumber under this chapter who: |
|
|
(A) allows the person's master plumber license to |
|
|
be used by one plumbing company for the purpose of offering and |
|
|
performing plumbing work under the person's master plumber license; |
|
|
(B) is authorized to obtain permits for plumbing |
|
|
work; |
|
|
(C) assumes responsibility for plumbing work |
|
|
performed under the person's license; and |
|
|
(D) has submitted a certificate of insurance as |
|
|
required by Section 1301.3576. |
|
|
(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; and |
|
|
(C) constructs and installs plumbing for |
|
|
one-family or two-family dwellings under the supervision of a |
|
|
responsible master plumber [; and
|
|
|
[(D)
has not met or attempted to meet the
|
|
|
qualifications for a journeyman plumber license]. |
|
|
SECTION 2. Section 1301.302, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 1301.302. CONTRACT INFORMATION. A written proposal, |
|
|
invoice, or contract relating to [for] plumbing services [to be] |
|
|
performed by or under the direction of a plumber licensed under this |
|
|
chapter must contain the name and license number of the responsible |
|
|
master plumber and the name, mailing address, and telephone number |
|
|
of the board. |
|
|
SECTION 3. Section 1301.351, Occupations Code, is amended |
|
|
by amending Subsection (a) and adding Subsections (a-1) and (a-2) |
|
|
to read as follows: |
|
|
(a) A person, other than a responsible master plumber, may |
|
|
not engage in [the business of] plumbing unless: |
|
|
(1) the person holds the proper [a] license, |
|
|
registration, or endorsement required by [or is registered under] |
|
|
this chapter; and [or] |
|
|
(2) the person's work is supervised and controlled by a |
|
|
person licensed under this chapter. |
|
|
(a-1) A person may not act as a responsible master plumber |
|
|
unless the person holds the appropriate license and meets the |
|
|
requirements for a responsible master plumber under this chapter. |
|
|
(a-2) A person that advertises or otherwise offers to |
|
|
perform or provide plumbing must secure the services of a |
|
|
responsible master plumber. |
|
|
SECTION 4. Section 1301.356(e), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(e) A plumbing inspector who meets the requirements of the |
|
|
board may hold a medical gas endorsement and inspect medical gas |
|
|
piping installations. |
|
|
SECTION 5. Section 1301.3576, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR RESPONSIBLE |
|
|
MASTER PLUMBER. 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 responsible master plumber. |
|
|
SECTION 6. Section 1301.451(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a) The board shall revoke, suspend, deny, or refuse to |
|
|
renew a license, endorsement, or registration or shall reprimand a |
|
|
holder of a license, endorsement, or registration for a violation |
|
|
of this chapter, an order issued by the board, or a rule of the |
|
|
board. |
|
|
SECTION 7. Section 1301.452(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a) A person is subject to disciplinary action under Section |
|
|
1301.451 if the person violates this chapter, an order issued by the |
|
|
board, or a board rule. A violation of this chapter includes: |
|
|
(1) obtaining a license, endorsement, or registration |
|
|
through error or fraud; |
|
|
(2) wilfully, negligently, or arbitrarily violating a |
|
|
municipal rule or ordinance that regulates sanitation, drainage, or |
|
|
plumbing; |
|
|
(3) making a misrepresentation of services provided or |
|
|
to be provided; [or] |
|
|
(4) making a false promise with the intent to induce a |
|
|
person to contract for a service; or |
|
|
(5) employing a person who does not hold a license or |
|
|
endorsement or who is not registered to engage in an activity for |
|
|
which a license, endorsement, or registration is required under |
|
|
this chapter. |
|
|
SECTION 8. Section 1301.504, Occupations Code, is amended |
|
|
by adding Subsection (d) to read as follows: |
|
|
(d) Venue for an action brought under this section is in a |
|
|
district court in Travis County. |
|
|
SECTION 9. Section 1301.5045(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a) The executive director [If it appears to the board that
|
|
|
a person is violating this chapter or a rule adopted under this
|
|
|
chapter, the board, after notice and opportunity for a hearing,] |
|
|
may issue a cease and desist order as necessary to enforce this |
|
|
chapter if the executive director determines that the action is |
|
|
necessary to prevent a violation of this chapter and to protect |
|
|
public health and safety [prohibiting the person from engaging in
|
|
|
the activity]. |
|
|
SECTION 10. Section 1301.707, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 1301.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
|
|
(a) Not later than the 30th day after the date the board's order |
|
|
becomes final, the person shall: |
|
|
(1) pay the penalty; or |
|
|
(2) file a petition for judicial review contesting the |
|
|
occurrence of the violation, the amount of the penalty, or both. |
|
|
(b) Failure by the person to pay the penalty is grounds for |
|
|
the board to refuse to renew the person's license or registration |
|
|
and to refuse to issue a new license or registration to the person. |
|
|
SECTION 11. (a) The changes in law made by this Act to |
|
|
Sections 1301.451 and 1301.452, Occupations Code, apply to a |
|
|
violation that occurs on or after the effective date of this Act. A |
|
|
violation that occurs before the effective date of this Act is |
|
|
governed by the law in effect on the date of the violation, and the |
|
|
former law is continued in effect for that purpose. |
|
|
(b) The change in law made by this Act to Section 1301.504, |
|
|
Occupations Code, applies to an action commenced on or after the |
|
|
effective date of this Act. An action commenced before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the action was commenced, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 12. This Act takes effect September 1, 2009. |