BILL ANALYSIS

Senate Research Center	H.B. 2095
85R8433 JCG-F	By: Kuempel (Zaffirini)
	Business & Commerce
	5/8/2017
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Many in family-owned plumbing businesses contend that the continuous number of years for which a license holder under the Plumbing License Law must hold the license for the licensee's license number to transfer on the date of the person's retirement or death to another licensee is too restrictive. H.B. 2095 addresses this issue by reducing the minimum number of continuous years such a person must hold the license for transfer eligibility from 50 to 35.

H.B. 2095 amends current law relating to transfer of a plumber's license number on the retirement or death of the plumber.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of Plumbing Examiners in SECTION 3 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1301.359(b), Occupations Code, to provide that, except as provided by Section 1301.406, the number of a license, endorsement, or registration issued under this chapter (Plumbers) is not assignable or transferable.

SECTION 2. Amends Section 1301.406, Occupations Code, as follows:

Sec. 1301.406. New heading: TRANSFER OF LICENSE NUMBER. (a) Authorizes a person who holds an unexpired license under this chapter and whose license has been held continuously for at least 35, rather than 50, consecutive years, on approval by the Texas State Board of Plumbing Examiners (board), to transfer the license number on the date of the person's retirement or death to another person who:

(1) makes no changes to this subdivision; and

(2) holds a license issued under this chapter that is the same type of license as the license held by the transferor, rather than holds a license as a journeyman plumber or master plumber under this chapter.

(b) Requires that the application for a transfer of a license number, rather than the application for a license transfer, include the transferor's consent and a designation of whether the license number will transfer on the retirement or death of the transferor.

(c) Requires the board to transfer a license number to a person who submits an application and presents evidence satisfactory to the board that certain requirements are met.

SECTION 3. Requires the board, as soon as practicable after the effective date of this Act, to adopt rules necessary to implement Section 1301.406, Occupations Code, as amended by this Act.

SECTION 4. Requires the board, not later than January 1, 2018, to begin accepting applications for the transfer of license numbers under Section 1301.406, Occupations Code, as amended by this Act.

SECTION 5. Effective date: September 1, 2017.