84R24479 TSR-D

By: Smith H.B. No. 2465

Substitute the following for H.B. No. 2465:

By: Smith C.S.H.B. No. 2465

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of plumbers; amending provisions subject to a criminal penalty.

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

SECTION 1. Section 1301.002, Occupations Code, is amended by amending Subdivisions (1-a), (2), (3), (4), (6), (9), and (12) and adding Subdivisions (1-b) and (7-a) to read as follows:

(1-a) "Control valve" means a valve that operates each time water is supplied to, or shut off from, a receptacle or plumbing fixture. The term does not include a stop valve that may be installed in the water supply branch to the control valve.

(1-b) "Executive director" means the executive director of the Texas State Board of Plumbing Examiners.

(2) "Drain cleaner" means a person who:

(A) has completed at least 4,000 hours working under the supervision of a responsible master plumber as a drain cleaner-restricted registrant or a tradesman plumber-limited license holder;

(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 responsible 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 responsible master plumber;

(C) installs, changes, repairs, services, or renovates plumbing or supervises any of those activities under the supervision of a responsible master plumber;

(D) has passed the required examination; and

(E) has 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, repair, and replacement 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.

(7-a) "Plumbing company" means a business that:

(A) is registered with the board;

(B) employs a responsible master plumber; or

(C) is owned by a responsible master plumber.

(9) "Residential utilities installer" means a person who:

(A) has completed at least 2,000 hours working under the supervision of a responsible master plumber as a plumber's apprentice;

(B) has fulfilled the requirements of and is registered with the board; and

(C) [constructs and] installs, repairs, or replaces yard water service piping or building sewers for one-family or two-family dwellings [and building sewers] under the supervision of a responsible master plumber.

(12) "Water treatment" means a business conducted under contract that requires ability, experience, and skill in analyzing water to determine how to treat influent and effluent water to change or purify the water or to add or remove minerals, chemicals, or bacteria. The term does not include treatment of rainwater or the repair of systems for rainwater harvesting. The term includes:

(A) installing and servicing fixed or portable water treatment equipment in a public or private water treatment system; or

(B) making connections necessary to install a water treatment system to the potable water system or indirectly to the sanitary drainage system.

SECTION 2. 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:

(A) employed by a political subdivision to engage in plumbing only within the geographic boundaries of the political subdivision; or

(B) engaged by a public service company to:

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

(ii) [(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, other than the treatment of rainwater to supply a plumbing fixture or appliance.

SECTION 3. Section 1301.151(a), Occupations Code, is amended to read as follows:

(a) The Texas State Board of Plumbing Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows:

(1) one member who has at least 10 years' practical experience and is licensed as a master plumber;

(2) one member who has at least five years' practical experience and is licensed as a journeyman plumber;

(3) one member who has at least five years' practical experience and is licensed as a plumbing inspector;

(4) one member who has been a responsible master plumber for at least five years [is a plumbing contractor] with at least 10 [five] years' experience as a licensed journeyman plumber or master plumber;

(5) one member who is a licensed engineer practicing in the field of plumbing engineering;

(6) two members who are building contractors with at least five years' contracting experience, one of whom is principally engaged in home building and one of whom is principally engaged in commercial building; and

(7) two members who represent the public.

SECTION 4. Section 1301.202(a), Occupations Code, is amended to read as follows:

(a) The board shall employ one or more plumbing examiners. A plumbing examiner serves at the will of the board. A plumbing examiner must:

(1) hold a license as a plumber issued under this chapter;

(2) be knowledgeable of this chapter and municipal ordinances relating to plumbing; and

(3) be qualified by experience and training in plumbing practice.

SECTION 5. Section 1301.203(a), Occupations Code, is amended to read as follows:

(a) The board may employ a field representative to assist the board in enforcing this chapter and rules adopted under this chapter. A field representative must:

(1) hold a license issued [as a plumber] under this chapter;

(2) be knowledgeable of this chapter and municipal ordinances relating to plumbing; and

(3) be qualified by experience and training in plumbing practice or inspections.

SECTION 6. Section 1301.204, Occupations Code, is amended to read as follows:

Sec. 1301.204. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director [presiding officer of the board or the presiding officer's designee] shall develop an intra-agency career ladder program. The program must require intra-agency posting of each nonentry level position at least 10 days before the date of any public posting.

(b) The executive director [presiding officer of the board or the presiding officer's designee] shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for board employees must be based on the system established under this subsection.

SECTION 7. Sections 1301.255(a) and (b), Occupations Code, are amended to read as follows:

(a) The board shall adopt the following [plumbing] codes, as those codes existed on January 1, 2015 [May 31, 2001]:

(1) the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials; [and]

(2) the International Plumbing Code, as published by the International Code Council;

(3) the NFPA 13D Standard for the Installation of Sprinkler Systems in One- and Two-family Dwellings and Manufactured Homes, as published by the National Fire Protection Association; and

(4) the NFPA 99 Health Care Facilities Code, as published by the National Fire Protection Association.

(b) If a code described by [The board by rule may adopt later editions of the plumbing codes listed in] Subsection (a) is replaced by a later edition after January 1, 2015, the requirements and standards of the new edition shall be used in place of the January 1, 2015, edition if the new edition is adopted by the board by rule after the board determines that use of the new edition is:

(1) in the public interest; and

(2) consistent with the purposes of this chapter.

SECTION 8. Sections 1301.304(a) and (b), Occupations Code, are amended to read as follows:

(a) On receiving a written and signed complaint alleging a violation of this chapter or a board rule:

(1) the [The] enforcement committee or an employee designated by the enforcement committee may investigate the [an] alleged violation; and

(2) the [of this chapter or a board rule that is reported to the board.

[(b) The] enforcement committee shall determine whether a person has committed the violation and shall recommend appropriate sanctions to the board or, if the enforcement committee determines that the complaint is without merit, dismissal of the complaint.

SECTION 9. Section 1301.354(c), Occupations Code, is amended to read as follows:

(c) At the applicant's request, the board may credit an applicant under Subsection (b) with up to 1,000 [500] hours of the work experience required before taking an examination if the applicant has completed the classroom portion of a training program:

(1) approved by the United States Department of Labor, Office of Apprenticeship; or

(2) provided by a person approved by the board and based on course materials approved by the board.

SECTION 10. Section 1301.356, Occupations Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) Before a person may take the examination under Subsection (b), the person must complete training in a board-approved training program in the area of medical gas piping installation.

SECTION 11. Section 1301.3565, Occupations Code, is amended by amending Subsections (a-1) and (f) and adding Subsection (g) to read as follows:

(a-1) A person may not design a multipurpose residential fire protection sprinkler system for installation under this section unless the person:

(1) is licensed under this chapter as a master plumber[;] and

[(2)] holds an endorsement issued under this section; or

(2) is a licensed engineer who designs fire sprinklers or plumbing systems.

(f) A plumbing inspector who meets the requirements of the board shall [may] inspect or review the plans for a multipurpose residential fire protection sprinkler installation, repair, or replacement.

(g) A certified fire inspector may inspect or review plans only for the sprinkler portion of a multipurpose residential fire sprinkler installation, repair, or replacement if the certified fire inspector:

(1) meets or exceeds the NFPA 1031 Standard for Professional Qualifications for Fire Inspector and Plan Examiner; and

(2) is employed or appointed by a political subdivision or this state.

SECTION 12. Section 1301.357(e), Occupations Code, is amended to read as follows:

(e) A person is not required to hold a water supply protection specialist endorsement if the person is employed by[:

[(1)] a political subdivision[; or

[(2) an electric utility as defined by Section 31.002, Utilities Code].

SECTION 13. Sections 1301.404(b) and (e), Occupations Code, are amended to read as follows:

(b) A person who holds a license or endorsement under this chapter must complete at least six hours of approved classroom continuing professional education each year the person holds the license or endorsement to renew the person's license or endorsement. The course must include training in:

(1) this chapter and board rules;

(2) board-approved plumbing codes; and

(3) [Three of the six hours must be in the subjects of] health protection, energy conservation, and water conservation.

(e) A person may complete the continuing professional education requirement of this section through a correspondence course book and test book as approved by the board.

SECTION 14. Section 1301.405(a), Occupations Code, is amended to read as follows:

(a) To renew the certificate of registration, a person who holds a certificate of registration under this chapter as a drain cleaner, drain cleaner-restricted registrant, or residential utilities installer must annually complete at least six hours of approved classroom training that includes training in:

(1) this chapter and board rules;

(2) board-approved plumbing codes; and

(3) health protection, energy conservation [training in health and safety requirements, board-approved plumbing codes], and water conservation.

SECTION 15. Subchapter H, Chapter 1301, Occupations Code, is amended by adding Section 1301.406 to read as follows:

Sec. 1301.406. MANDATORY TRAINING FOR PLUMBER'S APPRENTICE. (a) To renew the certificate of registration for the third renewal and any subsequent renewals, a person who holds a certificate of registration under this chapter as a plumber's apprentice must complete during the year preceding the renewal date at least six hours of approved classroom training that includes training in:

(1) this chapter and board rules;

(2) board-approved plumbing codes; and

(3) health protection, energy conservation, 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) A plumber's apprentice who is enrolled and in good standing in a training program approved by the United States Department of Labor, Office of Apprenticeship, is exempt from Subsections (a) and (b).

(d) 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 16. 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, including falsifying a test for an inspection;

(3) making a misrepresentation of services provided or to be provided;

(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 17. Sections 1301.551(a) and (c), Occupations Code, are amended to read as follows:

(a) A municipality with more than 5,000 inhabitants shall regulate by ordinance or bylaw the material, construction, alteration, and inspection of any pipe, faucet, tank, valve, water heater, or other fixture by or through which a supply of water, gas, medical gas, medical vacuum, or sewage is used or carried.

(c) A municipality that adopts an ordinance or bylaw under this section shall provide by ordinance or bylaw that a person must obtain a permit before the person performs plumbing, other than the repairing of leaks, the replacement of lavatory, bar, or kitchen faucets, the replacement of ballcocks or water control valves, the replacement of garbage disposals, or the replacement of water closets or urinals. A replacement must comply with current code requirements. The municipality may prescribe the terms on which the permit is issued.

SECTION 18. The change in law made by this Act to Section 1301.151(a), Occupations Code, does not affect the entitlement of a member serving on the Texas State Board of Plumbing Examiners immediately before the effective date of this Act to continue to serve as a member of the board for the remainder of the member's term. The change in law applies only to a member appointed on or after the effective date of this Act.

SECTION 19. (a) The changes in law made by this Act apply only to an application for a certificate of registration as a drain cleaner, drain cleaner-restricted registrant, or residential utilities installer submitted on or after the effective date of this Act. An application for a certificate of registration submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

(b) A person who holds a certificate of registration as a drain cleaner, drain cleaner-restricted registrant, or residential utilities installer issued before the effective date of this Act may continue to renew that certificate of registration without complying with the changes in law made by this Act relating to the work requirement under the supervision of a responsible master plumber.

(c) The changes in law made by this Act apply only to an application for a license as a journeyman plumber submitted on or after the effective date of this Act. An application for a license submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

(d) A person who holds a license as a journeyman plumber issued before the effective date of this Act may continue to renew that license without complying with the changes in law made by this Act relating to the work requirement under the supervision of a responsible master plumber.

SECTION 20. (a) Section 1301.356(b-1), Occupations Code, as added by this Act, applies only to an application for an endorsement to perform medical gas piping installation submitted on or after the effective date of this Act. An application for an endorsement submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

(b) Section 1301.404(b), Occupations Code, as amended by this Act, applies only to the renewal of a license or endorsement that expires on or after the effective date of this Act. A license or endorsement that expired before the effective date of this Act is governed by the law in effect on the date the license or endorsement expired, and the former law is continued in effect for that purpose.

(c) Section 1301.405(a), Occupations Code, as amended by this Act, applies only to the renewal of a certificate of registration as a drain cleaner, drain cleaner-restricted registrant, or residential utilities installer that expires on or after the effective date of this Act. A certificate of registration that expired before the effective date of this Act is governed by the law in effect on the date the certificate of registration expired, and the former law is continued in effect for that purpose.

(d) Section 1301.406, Occupations Code, as added by this Act, applies only to the renewal of a certificate of registration as a plumber's apprentice that expires on or after the effective date of this Act. A certificate of registration that expired before the effective date of this Act is governed by the law in effect on the date the certificate of registration expired, and the former law is continued in effect for that purpose.

SECTION 21. As soon as practicable after the effective date of this Act, the Texas State Board of Plumbing Examiners shall adopt rules necessary to implement Chapter 1301, Occupations Code, as amended by this Act.

SECTION 22. This Act takes effect September 1, 2015.