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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. Subdivisions (4), (5), (7), (8), and (10), |
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Section 1301.002, Occupations Code, are amended 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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(E) has fulfilled the other requirements of the |
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board. |
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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 design, 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) has worked as a journeyman plumber: |
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(i) for at least four years; or |
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(ii) for at least one year and has |
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successfully completed a training program approved by the United |
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States Department of Labor Office of Apprenticeship or another |
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nationally recognized apprentice training program accepted by the |
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board [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; |
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[and] |
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(D) [(E)] has passed the required examination; |
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and |
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(E) has fulfilled the other requirements of the |
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board. |
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(7) "Plumbing" means: |
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(A) a fixture, appurtenance, appliance, or |
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piping, including a disposal system, used [in or around a building
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in which a person lives or works or in which persons assemble,] to: |
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(i) supply, distribute, circulate, or |
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recirculate water, other liquid, or gas; or |
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(ii) eliminate sewage for a personal or |
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domestic purpose; |
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(B) a fixture, appurtenance, appliance, or |
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piping used outside a building to connect the building to: |
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(i) a supply of water, other liquid, |
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medical gases and vacuum, or other gas on the premises; or |
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(ii) the main in the street or alley or at |
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the curb; |
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(C) a fixture, appurtenance, appliance, or |
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piping, including a drain or waste pipe, used to carry wastewater or |
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sewage from or within a building to: |
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(i) a sewer service lateral at the curb or |
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in the street or alley; or |
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(ii) a disposal or septic terminal that |
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holds private or domestic sewage; or |
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(D) the installation, repair, service, or |
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maintenance of a fixture, appurtenance, appliance, or piping |
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described by Paragraph (A), (B), or (C). |
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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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(C) has fulfilled the other requirements of the |
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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 fulfilled the other requirements of the |
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board. |
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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) located inside a municipality that is within a |
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county that has fewer than 50,000 inhabitants and that: |
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(A) has [with] fewer than 5,000 inhabitants; and |
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(B) by municipal ordinance has authorized a |
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person who is not licensed under this chapter to perform plumbing[,
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unless an ordinance of the municipality requires the person to be
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licensed]. |
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SECTION 3. Subsection (a), Section 1301.053, Occupations |
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Code, is 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. Subsection (a), Section 1301.203, Occupations |
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Code, is amended to read as follows: |
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(a) The board may employ a field representative to assist |
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the board in enforcing this chapter and rules adopted under this |
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chapter. A field representative must [be]: |
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(1) hold a license as a plumber under this chapter; |
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(2) be knowledgeable of this chapter and municipal |
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ordinances relating to plumbing; and |
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(3) be [(2)] qualified by experience and training in |
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plumbing practice. |
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SECTION 5. Section 1301.354, Occupations Code, is amended |
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by adding Subsection (b-1) to read as follows: |
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(b-1) At the applicant's request, the board may credit an |
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applicant under Subsection (b) with a number of hours determined by |
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board rule against the number of hours of work experience required |
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to take an examination if the applicant has received an associate of |
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applied science degree from a plumbing technology program that: |
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(1) includes a combination of classroom and on-the-job |
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training; and |
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(2) is approved by the board and the Texas Higher |
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Education Coordinating Board. |
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SECTION 6. Subchapter H, Chapter 1301, Occupations Code, is |
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amended by adding Section 1301.405 to read as follows: |
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Sec. 1301.405. MANDATORY TRAINING FOR DRAIN CLEANER, DRAIN |
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CLEANER-RESTRICTED REGISTRANT, AND RESIDENTIAL UTILITIES |
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INSTALLER. (a) To renew the certificate of registration, a person |
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who holds a certificate of registration under this chapter as a |
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drain cleaner, drain cleaner-restricted registrant, or residential |
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utilities installer must annually complete at least six hours of |
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approved training that includes training in health and safety |
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requirements, board-approved plumbing codes, and water |
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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 7. Section 1301.551, Occupations Code, is amended |
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by adding Subsections (e), (f), (g), and (h) to read as follows: |
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(e) A municipality or other political subdivision in this |
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state that requires a plumbing contractor to obtain a permit before |
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the person performs plumbing shall by telephone, fax, or e-mail: |
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(1) accept permit applications; |
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(2) collect required fees; and |
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(3) issue the required permits. |
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(f) If drawings of proposed plumbing work are required by |
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the municipality or other political subdivision, the municipality |
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or political subdivision shall specify how permit drawings are to |
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be submitted. |
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(g) A person who is required to obtain a permit under this |
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section is not required to pay a plumbing registration fee or |
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administrative fee in a municipality or any other political |
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subdivision. |
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(h) A plumbing contractor must register, electronically or |
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in person, with a municipality or other political subdivision that |
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requires registration before performing plumbing regulated by the |
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municipality or other political subdivision. |
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SECTION 8. Sections 1301.552 and 1301.553, Occupations |
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Code, are amended to read as follows: |
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Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT |
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IN POLITICAL SUBDIVISION. A political subdivision that requires a |
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plumbing contractor to obtain a permit before performing plumbing |
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in the political subdivision shall verify through the board's |
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Internet website, or by contacting the board by telephone, that the |
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plumbing contractor has on file with the board [master plumber to
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have a bond before issuing a permit to the master plumber shall
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accept either a bond or] a certificate of insurance. The |
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certificate of insurance must: |
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(1) be written by a company licensed to do business in |
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this state; |
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(2) provide for commercial general liability |
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insurance for the master plumber for a claim for property damage or |
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bodily injury, regardless of whether the claim arises from |
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negligence or on a contract; and |
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(3) provide coverage of not less than $300,000 for all |
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claims arising in a one-year period. |
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Sec. 1301.553. PLUMBING INSPECTIONS IN MUNICIPALITY THAT |
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OVERLAPS ANOTHER POLITICAL SUBDIVISION [MUNICIPAL UTILITY
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DISTRICT]. [(a)] If the boundaries of a municipality and another |
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political subdivision [a municipal utility district] overlap, only |
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the affected municipality may perform a plumbing inspection and |
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collect a permit fee. |
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[(b)
The standard used in the plumbing inspection may not be
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less restrictive than the standard used by the municipal utility
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district.] |
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SECTION 9. (a) Not later than January 1, 2010, the Texas |
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State Board of Plumbing Examiners shall adopt the rules and approve |
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the programs necessary to implement the changes in law made by this |
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Act to 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 submitted for the issuance or renewal of a license |
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or certificate of registration under Chapter 1301, Occupations |
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Code, on or after January 1, 2010. An application submitted before |
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that date is governed by the law in effect when the application was |
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submitted, and that law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2009. |