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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 (1-a), (2), (3), (4), (6), (7), (9), (11), |
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and (12) and adding Subdivisions (1-b) and (7-a) to read as follows: |
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(1-a) "Control valve" means a valve that operates each |
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time water is supplied to, or shut off from, a receptacle or |
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plumbing fixture. The term does not include a stop valve that may be |
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installed in the water supply branch to the control valve. |
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(1-b) "Executive director" means the executive |
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director of the Texas State Board of Plumbing Examiners. |
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(2) "Drain cleaner" means a person who: |
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(A) has completed at least 4,000 hours working |
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under the supervision of a responsible master plumber as a drain |
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cleaner-restricted registrant or a tradesman plumber-limited |
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license holder; |
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(B) has fulfilled the requirements of and is |
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registered with the board; and |
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(C) installs cleanouts and removes and resets |
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p-traps to eliminate obstructions in building drains and sewers |
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under the supervision of a responsible master plumber. |
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(3) "Drain cleaner-restricted registrant" means a |
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person who: |
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(A) has worked as a plumber's apprentice under |
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the supervision of a responsible master plumber; |
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(B) has fulfilled the requirements of and is |
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registered with the board; and |
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(C) clears obstructions in sewer and drain lines |
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through any code-approved existing opening under the supervision of |
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a responsible master plumber. |
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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 responsible master plumber; |
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(C) installs, changes, repairs, services, or |
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renovates plumbing or supervises any of those activities under the |
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supervision of a responsible master plumber; |
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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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(6) "Plumber's apprentice" means a person other than a |
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master plumber, journeyman plumber, or tradesman plumber-limited |
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license holder who, as the person's principal occupation, learns |
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about and assists in the installation, repair, and replacement of |
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plumbing, has fulfilled the requirements of and is registered by |
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the board, and works under the supervision of a responsible master |
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plumber and the direct supervision of a licensed plumber. |
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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 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; or |
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(iii) harvest rainwater or reclaimed water |
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to supply a plumbing fixture or appliance or a multipurpose |
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residential fire protection system; |
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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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(7-a) "Plumbing company" means a business: |
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(A) registered with the board that employs a |
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responsible master plumber; or |
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(B) owned by a responsible master plumber. |
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(9) "Residential utilities installer" means a person |
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who: |
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(A) has completed at least 2,000 hours working |
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under the supervision of a responsible master plumber as a |
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plumber's apprentice; |
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(B) has fulfilled the requirements of and is |
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registered with the board; and |
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(C) [constructs and] installs, repairs, or |
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replaces yard water service piping or building sewers for |
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one-family or two-family dwellings [and building sewers] under the |
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supervision of a responsible master plumber. |
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(11) "Water supply protection specialist" means a |
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person who holds an endorsement issued by the board to engage in: |
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(A) customer service inspections, as defined by |
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rule of the Texas Commission on Environmental Quality; and |
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(B) the installation, service, and repair of |
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plumbing associated with the treatment, use, and distribution use |
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of rainwater or reclaimed water to supply a plumbing fixture or |
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appliance. |
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(12) "Water treatment" means a business conducted |
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under contract that requires ability, experience, and skill in |
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analyzing water to determine how to treat influent and effluent |
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water to change or purify the water or to add or remove minerals, |
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chemicals, or bacteria. The term does not include treatment of |
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rainwater or reclaimed water or the repair of systems for rainwater |
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or reclaimed water harvesting to supply a plumbing fixture or |
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appliance. The term includes: |
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(A) installing and servicing fixed or portable |
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water treatment equipment in a public or private water treatment |
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system; or |
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(B) making connections necessary to install a |
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water treatment system to the potable water system or the sanitary |
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drainage system. |
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SECTION 2. 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: |
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(A) employed by a political subdivision to engage |
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in plumbing only within the geographic boundaries of the political |
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subdivision; or |
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(B) engaged by a public service company to: |
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(i) [(A)] lay, maintain, or operate its |
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service mains or lines to the point of measurement; and |
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(ii) [(B)] install, change, adjust, |
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repair, remove, or renovate appurtenances, equipment, or |
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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, other than the treatment of rainwater or |
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reclaimed water to supply a plumbing fixture or appliance. |
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SECTION 3. Section 1301.151(a), Occupations Code, is |
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amended to read as follows: |
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(a) The Texas State Board of Plumbing Examiners consists of |
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nine members appointed by the governor with the advice and consent |
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of the senate as follows: |
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(1) one member who has at least 10 years' practical |
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experience and is licensed as a master plumber; |
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(2) one member who has at least five years' practical |
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experience and is licensed as a journeyman plumber; |
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(3) one member who has at least five years' practical |
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experience and is licensed as a plumbing inspector; |
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(4) one member who has been a responsible master |
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plumber for at least five years [is a plumbing contractor] with at |
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least 10 [five] years' experience as a licensed journeyman plumber |
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or master plumber; |
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(5) one member who is a licensed engineer practicing |
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in the field of plumbing engineering; |
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(6) two members who are building contractors with at |
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least five years' contracting experience, one of whom is |
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principally engaged in home building and one of whom is principally |
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engaged in commercial building; and |
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(7) two members who represent the public. |
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SECTION 4. Section 1301.202(a), Occupations Code, is |
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amended to read as follows: |
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(a) The board shall employ one or more plumbing examiners. |
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A plumbing examiner serves at the will of the board. A plumbing |
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examiner must: |
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(1) hold a license as a plumber issued under this |
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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 qualified by experience and training in |
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plumbing practice. |
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SECTION 5. Section 1301.203(a), Occupations Code, is |
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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: |
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(1) hold a license issued [as a plumber] under this |
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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 qualified by experience and training in |
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plumbing practice or inspections. |
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SECTION 6. Section 1301.204, Occupations Code, is amended |
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to read as follows: |
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Sec. 1301.204. CAREER LADDER PROGRAM; PERFORMANCE |
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EVALUATIONS. (a) The executive director [presiding officer of the
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board or the presiding officer's designee] shall develop an |
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intra-agency career ladder program. The program must require |
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intra-agency posting of each nonentry level position at least 10 |
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days before the date of any public posting. |
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(b) The executive director [presiding officer of the board
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or the presiding officer's designee] shall develop a system of |
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annual performance evaluations based on measurable job tasks. All |
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merit pay for board employees must be based on the system |
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established under this subsection. |
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SECTION 7. Sections 1301.255(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) The board shall adopt the following [plumbing] codes, as |
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those codes existed on January 1, 2015 [May 31, 2001]: |
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(1) the Uniform Plumbing Code, as published by the |
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International Association of Plumbing and Mechanical Officials; |
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[and] |
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(2) the International Plumbing Code, as published by |
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the International Code Council; |
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(3) the NFPA 13D Standard for the Installation of |
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Sprinkler Systems in One- and Two-family Dwellings and Manufactured |
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Homes, as published by the National Fire Protection Association; |
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and |
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(4) the NFPA 99 Health Care Facilities Code, as |
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published by the National Fire Protection Association. |
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(b) If a code described by [The board by rule may adopt later
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editions of the plumbing codes listed in] Subsection (a) is amended |
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after January 1, 2015, the requirements and standards of the |
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amended code shall be used in place of the January 1, 2015, edition |
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if the amended code is adopted by the board by rule after the board |
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determines that use of the amended code is: |
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(1) in the public interest; and |
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(2) consistent with the purposes of this chapter. |
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SECTION 8. Sections 1301.304(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) On receiving a written and signed complaint alleging a |
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violation of this chapter or a board rule: |
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(1) the [The] enforcement committee or an employee |
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designated by the enforcement committee may investigate the [an] |
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alleged violation; and |
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(2) the [of this chapter or a board rule that is
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reported to the board.
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[(b) The] enforcement committee shall determine whether a |
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person has committed the violation and shall recommend appropriate |
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sanctions to the board or, if the enforcement committee determines |
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that the complaint is without merit, dismissal of the complaint. |
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SECTION 9. Section 1301.354, Occupations Code, is amended |
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by adding Subsection (b-2) and amending Subsection (c) to read as |
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follows: |
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(b-2) The required training under Subsection (b) must |
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include not more than 10 hours per day of hands-on training. |
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(c) At the applicant's request, the board may credit an |
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applicant under Subsection (b) with up to 1,000 [500] hours of the |
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work experience required before taking an examination if the |
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applicant has completed the classroom portion of a training |
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program: |
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(1) approved by the United States Department of Labor, |
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Office of Apprenticeship; or |
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(2) provided by a person approved by the board and |
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based on course materials approved by the board. |
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SECTION 10. Section 1301.3565, Occupations Code, is amended |
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by amending Subsections (a-1), (b), and (f) and adding Subsection |
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(g) to read as follows: |
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(a-1) A person may not design a multipurpose residential |
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fire protection sprinkler system for installation under this |
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section unless the person: |
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(1) is licensed under this chapter as a master |
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plumber[;] and |
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[(2)] holds an endorsement issued under this section; |
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or |
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(2) is a licensed engineer who designs fire sprinklers |
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or plumbing systems. |
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(b) The board shall issue an endorsement as a multipurpose |
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residential fire protection sprinkler specialist to a person who: |
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(1) holds the license described by Subsection (a); |
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(2) applies to the board on a form prescribed by the |
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board; |
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(3) pays a fee set by the board; |
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(4) presents evidence satisfactory to the board of |
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successful completion of a training program that includes not more |
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than 10 hours per day of hands-on training, is approved by the |
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board, and [that] provides the training necessary for the proper |
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design and installation of a multipurpose residential fire |
|
protection sprinkler system as required by the applicable codes and |
|
standards recognized by the state; and |
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(5) passes an examination required by the board. |
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(f) A plumbing inspector who meets the requirements of the |
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board shall [may] inspect or review the plans for a multipurpose |
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residential fire protection sprinkler installation, repair, or |
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replacement. |
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(g) A certified fire inspector may inspect or review plans |
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only for the sprinkler portion of a multipurpose residential fire |
|
sprinkler installation, repair, or replacement if the certified |
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fire inspector: |
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(1) meets or exceeds the NFPA 1031 Standard for |
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Professional Qualifications for Fire Inspector and Plan Examiner; |
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and |
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(2) is employed or appointed by a political |
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subdivision or this state. |
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SECTION 11. Sections 1301.357(b) and (e), Occupations Code, |
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are amended to read as follows: |
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(b) The board shall issue an endorsement as a water supply |
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protection specialist to a person who: |
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(1) is licensed under this chapter as a master plumber |
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or journeyman plumber; |
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(2) applies to the board on a form prescribed by the |
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board; |
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(3) pays a fee set by the board; |
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(4) presents evidence satisfactory to the board of |
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successful completion of a certification program that includes not |
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more than 10 hours per day of hands-on training and is approved by |
|
the board for water supply protection specialists; and |
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(5) passes an examination required by the board. |
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(e) A person is not required to hold a water supply |
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protection specialist endorsement if the person is employed by[:
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[(1)] a political subdivision[; or
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[(2)
an electric utility as defined by Section 31.002,
|
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Utilities Code]. |
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SECTION 12. 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 AND TRAINING FOR |
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RESPONSIBLE MASTER PLUMBER. Before a master plumber works as a |
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responsible master plumber, the master plumber must: |
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(1) provide the board with a certificate of insurance |
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that meets the requirements of Section 1301.552; and |
|
(2) present evidence satisfactory to the board of |
|
successful completion of a training program that includes not more |
|
than 10 hours per day of hands-on training and is approved or |
|
administered by the board regarding the laws and rules applicable |
|
to the operation of a plumbing business in this state. |
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SECTION 13. Sections 1301.404(b) and (e), Occupations Code, |
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are amended to read as follows: |
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(b) A person who holds a license or endorsement under this |
|
chapter must complete at least six hours of hands-on continuing |
|
professional education each year the person holds the license or |
|
endorsement to renew the person's license or endorsement. The |
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course must include training in: |
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(1) this chapter and board rules; |
|
(2) board-approved plumbing codes; and |
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(3) [Three of the six hours must be in the subjects of] |
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health protection, energy conservation, and water conservation. |
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(e) A person may complete the continuing professional |
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education requirement of this section through a correspondence |
|
course book or test book as approved by the board. |
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SECTION 14. Section 1301.405(a), Occupations Code, is |
|
amended to read as follows: |
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(a) To renew the certificate of registration, a person who |
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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 hands-on training that includes training in: |
|
(1) this chapter and board rules; |
|
(2) board-approved plumbing codes; and |
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(3) health protection, energy conservation [training
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in health and safety requirements, board-approved plumbing codes], |
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and water conservation. |
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SECTION 15. Subchapter H, Chapter 1301, Occupations Code, |
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is amended by adding Section 1301.406 to read as follows: |
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Sec. 1301.406. MANDATORY TRAINING FOR PLUMBER'S |
|
APPRENTICE. (a) To renew the certificate of registration, a person |
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who holds a certificate of registration under this chapter as a |
|
plumber's apprentice must annually complete at least six hours of |
|
approved hands-on 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. |
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(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 |
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(2) according to criteria adopted by the board. |
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(c) A plumber's apprentice who is enrolled 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). |
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(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 1301.354(b-2), Occupations Code, |
|
as added by this Act, applies only to an application for an |
|
examination for a journeyman plumber or tradesman plumber-limited |
|
license submitted on or after the effective date of this Act. An |
|
application for an examination 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 1301.3565(b), Occupations Code, as amended by |
|
this Act, applies only to an application for an endorsement as a |
|
multipurpose residential fire protection sprinkler specialist |
|
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. |
|
(c) Section 1301.357(b), Occupations Code, as amended by |
|
this Act, applies only to an application for an endorsement as a |
|
water supply protection specialist 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. |
|
(d) Section 1301.3576, Occupations Code, as amended by this |
|
Act, applies only to a responsible master plumber training program |
|
completed on or after the effective date of this Act. A training |
|
program completed before the effective date of this Act is governed |
|
by the law in effect on the date the program was completed, and the |
|
former law is continued in effect for that purpose. |
|
(e) 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. |
|
(f) 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. |
|
(g) 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. |