BILL ANALYSIS

H.B. 2376

By: Hamilton

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, it is possible for a party involved in litigation to request the Texas State Board of Plumbing Examiners to investigate a complaint that is the subject of that litigation. This practice has the potential to delay the resolution of disputes and to possibly create an opportunity for additional litigation. H.B. 2376 has a goal of creating more efficient processes for the board to resolve complaints and to regulate the plumbing industry.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2376 amends the Occupations Code to prohibit the Texas State Board of Plumbing Examiners from investigating a complaint of a violation of provisions of law relating to plumbers in which the person filing the complaint and the person who is the subject of the complaint are engaged in litigation related to the subject matter of the complaint until the outcome of the litigation is finally determined. The bill provides an exemption from this prohibition if a threat to health or safety exists.

H.B. 2376 specifies that a provision of law requiring a political subdivision to verify that a plumbing contractor has a certificate of insurance on file with the board before performing plumbing in the political subdivision applies to a political subdivision that requires a responsible master plumber or an agent of such a plumber, rather than a plumbing contractor, to obtain a permit before performing the work.

EFFECTIVE DATE

September 1, 2011.